Cannabis is partly legal in Peru. Recreational use is prohibited, but Article 299 of the Penal Code decriminalizes possession of up to 8 grams of marijuana for personal use, and Law No. 30681 permits medical cannabis through a licensed, prescription-based system. Those three tracks sit side by side, and the practical experience of a cannabis user in Peru depends entirely on which one applies.
How Much You Can Carry Without a Crime
Article 299 of Peru’s Penal Code sets the thresholds below which possession for immediate personal consumption is not a criminal offense. For marijuana, the limit is 8 grams. For cannabis derivatives such as hashish, the limit drops to 2 grams. The article also sets separate limits for other substances: 5 grams of coca paste, 2 grams of cocaine, and 1 gram of opium.
There is one catch that trips people up. The protection only applies if you are carrying a single type of drug. If you have marijuana together with any other controlled substance, the decriminalization disappears entirely, even when each quantity sits below its own threshold.
Going over 8 grams, or carrying any amount with signs of intent to sell, moves the situation out of decriminalized personal use and into criminal territory. Public consumption is separately prohibited and can draw fines or other administrative penalties.
What Police Discretion Looks Like in Practice
The numbers in Article 299 are clear on paper. Enforcement is not. Peruvian law does not spell out specific criteria for how officers should handle encounters involving small-quantity possession. A report by the Transnational Institute found that the absence of clear enforcement protocols leaves significant room for police discretion, frequent corruption, and abuse of people who possess drugs only for personal use.1Transnational Institute. Legislation on Drugs and the Prison Situation in Peru Carrying cannabis in Peru, even under the legal threshold, can still lead to a difficult and unpredictable encounter.
Recreational Sale, Production, and Transport Are Criminal
Outside the narrow personal-possession window, recreational cannabis is fully illegal. Selling, producing, transporting, or importing cannabis for non-medical purposes are all criminal offenses. Cultivating, producing, or selling cannabis outside Peru’s licensed medical framework is punishable by 8 to 15 years in prison.2Wikipedia. Cannabis in Peru Penalties escalate for organized trafficking or cases involving large quantities. Peru draws a hard line between tolerating small personal amounts and anything that resembles distribution.
Medical Cannabis Through Law No. 30681
Peru legalized medical cannabis in November 2017 through Law No. 30681, which permits the production, import, sale, and use of cannabis and its derivatives strictly for medical and therapeutic purposes.3Peruvian Times. Peru Approves Regulations for Medicinal Marijuana The implementing regulations came through Supreme Decree 005-2019-SA and were updated by Supreme Decree 004-2023-SA, which took effect in September 2023 and expanded the program. Conditions for which medical cannabis may be prescribed include epilepsy, cancer and HIV-related pain and nausea, multiple sclerosis, and Alzheimer’s disease.
How you access it depends on the THC content of the product. Cannabis products containing 1% THC or more are classified as psychoactive and require a special medical prescription valid for up to 30 days. Patients using these products must also register in Peru’s National Registry of Cannabis and Derivatives Users for Medical and Therapeutic Purposes, known by its Spanish abbreviation RENPUC.
Products with less than 1% THC are classified as non-psychoactive and need only a standard medical prescription, with no RENPUC registration. Both categories are dispensed through authorized pharmaceutical establishments.
CBD and Industrial Hemp
CBD products fall under Peru’s medical cannabis rules when they are marketed for therapeutic use. Those with less than 1% THC can be obtained with a regular prescription and sold through pharmacies. Companies importing or producing CBD products must obtain sanitary registration and follow pharmaceutical standards overseen by DIGEMID, Peru’s General Directorate of Medicines, Supplies and Drugs.
Industrial hemp has its own track. Law No. 32195, enacted in December 2024, defines industrial hemp as cannabis containing less than 1% THC on a dry-weight basis and opens the door to hemp-derived ingredients in cosmetics, processed foods, beverages, and dietary supplements. Cosmetics with hemp derivatives need authorization through DIGEMID, including a manufacturing plan and traceability documentation. Food and beverage products need sanitary authorization from DIGESA, Peru’s General Directorate of Environmental Health, along with verified THC testing and compliance with food safety protocols.4International Bar Association. Regulatory Evolution of Medicinal Cannabis and the New Legal Framework for Hemp in Cosmetic and Food Applications in Peru Detailed implementing regulations for Law No. 32195 were still being finalized as of late 2025, so operational rules for hemp cultivation and processing may continue to shift.