Is Cannabis Legal in Peru? 2026 Guide to Laws & Medical Licensing

Is Cannabis Legal in Peru? 2026 Laws Explained

Cannabis legality in Peru depends on how it is used. Medical cannabis is fully legal under Law 30681 (2017) and subsequent regulations. Recreational use is decriminalized — not legal — under Article 299 of the Penal Code, meaning small amounts for personal use are tolerated but not authorized. Recreational sale, trafficking, and unlicensed cultivation remain criminal offences carrying 8–15 year prison sentences.

Personal Possession: The 8-Gram Rule

Article 299 of the Peruvian Penal Code decriminalizes personal possession of up to 8 grams of marijuana or 2 grams of cannabis derivatives. Critically, this protection applies only to a single substance — simultaneous possession of multiple controlled substances is treated as drug trafficking, regardless of quantity. Public consumption remains an administrative offence subject to fines, and driving under the influence is a criminal offence. Law enforcement prioritizes traffickers over personal users, but possession laws are enforced inconsistently across regions.

Medical Cannabis in Peru: Law 30681 and the RENPUC Registry

Peru legalized medical cannabis in November 2017 via Law 30681, making it one of the first South American nations to do so. The 2023 Supreme Decree No. 004-2023-SA expanded access, allowing licensed patient associations to cultivate cannabis for registered members under strict DIGEMID oversight. Qualifying conditions include epilepsy, cancer, Parkinson’s disease, multiple sclerosis, and chronic pain. Patients must register with RENPUC (the national patient cannabis registry) to access high-THC products. Despite legalization, supply remains predominantly imported — only a fraction of Peru’s pharmacies stock THC-based products — creating significant market opportunity for licensed producers.

Is weed legal in Peru for tourists? No. Visitors are subject to the same Article 299 personal possession rules as residents, and are strongly advised against purchasing cannabis from informal sources. The decriminalization threshold does not provide a legal right to use cannabis; it merely reduces the penalty for possession below 8 grams to an administrative sanction rather than criminal prosecution.

Could Peru be the next cannabis hot spot in Latin America?

Medical cannabis has been legal in Peru since 2017. Yet, the South American country has been slow to regulate and implement comprehensive marijuana programs. Groups of patients have historically provided Peruvian medical marijuana patients with access but changes may be on the horizon. For entrepreneurs interested in how to get a cannabis license in Peru, these regulatory developments present emerging opportunities.

Cannabis legalization has become a major trend in Latin America. The climate makes it very suitable for production as nations like Peru are capable of producing up to five harvests per year. With this hospitable natural climate, it makes sense for countries like Canada to import cannabis from regions that require less energy input to combat cooler climates where cannabis plants do not thrive as well. Indeed, the cannabis market is gradually globalizing, and Peru could be another player on the rise. Continue reading for a comprehensive guide to help you become a licensed cannabis producer in Peru.

Cannabis Legalization and Commercialization in Peru

The lack of regulation and absence of formalized medical marijuana programs in Peru means that there have been minimal business opportunities. Peru decriminalized the possession of up to 8 grams of marijuana for personal consumption, yet that does not mean there are easy legal channels to obtain the flower. Basically, patients struggle to access legal cannabis. Current legislation allows pharmaceutical laboratories to produce medical cannabis, but few have taken advantage of this option. Understanding how to get a cannabis license in Peru remains challenging due to these evolving regulatory frameworks. A 2022 article from High Times reported that The Peruvian Ministry of Health (MINSA) is currently seeking public opinion to help shape an anticipated update to Peru’s marijuana laws [1].

Cannabis legalization has become a major trend in Latin America. The climate makes it very suitable for production as nations like Peru are capable of producing up to five harvests per year.

Through future legislation, patient collectives hope to maintain their ability to provide cannabis access. However, the limited number of collectives means that many patients are still left out. Because of this, it is likely that Peru will offer more opportunities to commercial cannabis growers in the near future. Canopy Growth, Plena Global, VerdeMed Pharma, and a few other companies approved their products in 2021. As of 2022, only one reported pharmacy in Peru dispenses medical cannabis [4]. However, it has been reported that over 7,000 people urgently need access to medical cannabis [3]. The medical conditions that allow for prescribing of cannabis include nausea and vomiting from chemotherapy, weight loss and appetite loss due to cancer or HIV, seizures, and pains and spasms related to multiple sclerosis.

Cannabis Regulations in Peru

Law N° 30681 was enacted in November 2017 and made it legal for individuals and companies to use, investigate, produce, import and commercialize cannabis and cannabinoid products for medical purposes [2,3]. Regulations of Law N° 3068 (Decree 005-2019-SA) were published in 2019. The regulations distinguish between hemp and marijuana with hemp (non-psychoactive cannabis) being defined as having less than 1% tetrahydrocannabinol (THC). Since few hemp and CBD products are regulated, an unregulated CBD market has risen which is somewhat problematic for the push for further cannabis legislation[4].

Recreational Cannabis is Decriminalized

As a part of Law N° 30681, personal possession of cannabis was decriminalized for up to 8 grams. This was done for two reasons:

• It allows law enforcement agencies to focus their efforts on tackling illicit drug trafficking, and large-scale cannabis possession offenses
• It gives more freedom to Peruvians, as it’s estimated that 12% of Peruvian students have used cannabis, or marijuana in their lifetime.

Peru is Shifting to a More Lenient Drug Use Policy

Peru is also shifting their approach from drug enforcement, to promoting safe drug use. This is a big shift from the 1980-1990s era Peruvian policies which took a hard stance against cannabis, with their “just say no” campaigns. Article 299 of the Peruvian Penal Code allows up to:

• 5 grams of cocaine basic paste
• 2 grams of cocaine hydrochloride
• 1 gram of opium latex, or 200 milligrams of its derivatives
• 250 milligrams of ecstacy, containing:
  • Methylenedioxyamphetamine (MDA)
  • Methylenedioxymethamphetamine (MDMA)
  • Methamphetamine or similar substances

Peru is Still Developing Cannabis Related Regulations

On September 1, 2023, the Peruvian government updated its legislation to further regulate the medicinal and therapeutic use of cannabis and its derivatives. They did so, by passing the Supreme Decree No. 004-2023-SA. The new regulation:

• Strengthens the regulation, scope, and coverage for the use of cannabis and its derivatives for medical and therapeutic purposes
• More specifically regulates the manner, parameters, and/or requirements so that those who are administered can now carry out research, production, importation, and commercialization of cannabis and its derivatives and artisanal production of cannabis derivatives with associative cultivation.

We will likely see further developments and regulations being introduced into Peru so that the market can continue to evolve.

How to Get a Cannabis License in Peru: Complete Guide

Peruvian law has three types of cannabis licenses [2,3]. There are licenses for scientific investigation, licenses for import and trade, and licenses for production. The cannabis production license may be granted to public entities and certified pharmaceutical laboratories. This means that a cannabis grower must be a certified laboratory, which is not how most cannabis growers organize their business in Canada or the US. Requirements for applying for a cannabis license in Peru are not entirely clear, but it has been reported that detailed information such as agricultural production plans and security protocols are required [4].

General Overview of Licensing Requirements

Understanding how to get a cannabis license in Peru begins with starting a certified pharmaceutical laboratory. This means working with multiple ministries that seem to lack a streamlined process [3]. The first ministry of concern is The Ministry of Health division Dirección General de Medicamentos, Insumos y Drogas (DIGEMID) which has authority over the production, importation and commercialization licensing processes. Cannabis research licenses in Peru are administered by The Ministry of Agriculture’s Instituto Nacional de Innovación Agraria (INIA). Cannabis security-related issues are the responsibility of The Ministry of Interior’s Dirección Antidrogas (Dirandro). The Ministry of Agriculture Servicio Nacional de Sanidad Agraria (SENASA) is responsible for regulating cannabis seeds which may be imported from Colombia or the US [3,4].

Cannabis Companies Must Be Certified Pharmaceutical Laboratories

Since cannabis companies in Peru must be certified pharmaceutical laboratories, the cannabis products that are produced are also handled differently. Cannabis products must have sanitary registration with the Health Ministry, DIGEMID [3]. They may also be dispensed as an imported product with special authorization for individual use, or as magistral preparations for individual treatment, prepared by a pharmaceutical chemist in an authorized pharmacy or equivalent. Cannabis biomass leftovers are not allowed to be used or re-purposed and must be incinerated [4].

Did you know? GrowerIQ has an industry-leading Seed-to-Sale Cannabis Software (with quality management built in) that is designed to uncomplicate cannabis production for cannabis producers throughout the world.

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Steps to Apply for Commercial Cannabis Licenses in Peru

License for Scientific Research

The National Institute of Agrarian Innovation is in charge of issuing scientific licenses for agrarian research, and the National Health Institute (INS) is in charge of issuing licenses for medical research. General applications to obtain a scientific license require the following:

• Request for authorization for clinical trial emitted by INS
• In the case of products manufactured nationally, a laboratory certificate
• In case of utilizing imports, it is necessary to present a directorial resolution of authorization for imports issued by DIGEMID
• The request of safety protocol issued by MININTER
• Request of protocol of ethics issued by a Research Ethics Committee, if applicable
• Registration in the INS database, if applicable

Licenses for Imports and Commercialization

Gaining the ability to import, and commercialize cannabis products is one of the first milestones in building a viable cannabis company in Peru. The country is using these license holders to develop their local markets. The license can only be requested by natural, legal entities which are constituted as pharmaceutical establishments authorized by DIGEMID. Here are the steps to acquire an import, and commercialization license in Peru:

• Request of import license for cannabis derivatives for medical use
• Request registration in SENASA import registry
• Request a laboratory safety protocol from DIRANDO
• Request the production/commercialization license from DIGEMID
• Request of good storage practice certification
• Request for cannabis commercialization license, if applicable

License for Cannabis Production

This license is divided into three broad types: production licenses that include the crop, production licenses that don’t include the crop, and production licenses that include seed production.

These licenses are also authorized by DIGEMID, and the general process to apply for the licenses is as follows:

• Agricultural production plan approved by MINAGRI, if applicable
• document proving the origin of the genetic material to be used, countersigned by MINAGRI
• Safety protocol for cultivation, planting, handling and harvesting issued by MININTER
• Safety protocol for manufacture issued by MININTER
• Production plan for the manufacturing of derivatives
• Cannabis waste disposal plan.

Companies Participating in the Peruvian Cannabis Industry

While the cannabis licensing process is still being developed, and streamlined, here are a few notable cannabis companies that have started to develop the Peruvian Cannabis industry.

Plena Global Acquires a 26M Square Foot Organic Farm

Plena Global is a Canadian-based cannabis production company that has signed a letter of intent to acquire a 26 million square foot organic farm in Peru so that they can further scale their efforts to build a presence in the LATAM region. According to Plena Global’s CEO, Richard Zwicky, “Peru represents the world’s best-growing region for agricultural products, without peer”.

Cannabis & Co., Opens up Cannabis-Focused Drug Stores

Cannabis & Co., annual sales exceeded one million soles at the end of 2022, in their first year of operations. The company is playing a key role in building, and developing the cannabis market in Peru. In fact, they are forecasting 30% sales growth by the end of 2023.

Canopy Growth Sets up Operations in Peru

Canadian-based Canopy Growth has expanded its LATAM subsidiary, Spectrum Therapeutics, to operate in Peru as well. The company already cultivates cannabis in Columbia and is playing a key role in developing the Peruvian market as well. The company is currently in the process of getting approval for a wave of new products. Spectrum Therapeutics has been able to successfully import CBD oil in bulk, and once they acquire the requisite approvals, they will be ready to start distributing their products as well.

Cannabis in Peru: Looking Forward

Starting a cannabis business in Peru may seem like a daunting process, but when you work with expert consultants like GrowerIQ you’ll have the support and software you need to satisfy regulators. Latin America is a new frontier in the cannabis industry with abundant opportunities to explore. Big cannabis firms are already moving into Peru, so this is a great time to start the application process. For cannabis cooperatives or patient collectives looking to formalize under Peru’s updated legislation, GrowerIQ’s Cannabis Social Club Software offers the tools to manage membership, track cultivation, and maintain full compliance with local regulations.

The mere fact that you found your way to this article is remarkable, we’re sure that you’re an ambitious grower. The oppourtunity in international trade does not end here. We have written guides on getting your cannabis license for more countries, such as Argentina, St. Vincent, Switzerland, and Denmark. Check out our guides over here: Cannabis License in Argentina, How to Get a Cannabis License in St. Vincent, How to Get a Cannabis License in Switzerland, and Cannabis License in Denmark.

Find out more

Peru has a long way to go before its government considers legalizing recreational cannabis. For now, businesses can only sell via approved Peruvian laboratories with one of the three approved types of licenses. Understanding how to get a cannabis license in Peru sounds complicated? GrowerIQ makes the application simple. Click the button below or fill out the sign-up form to get in touch with our experts.

Peru Cannabis Market: Opportunities for International Operators

Peru’s cannabis market is at an early stage of commercial development, and that creates significant first-mover advantage for licensed producers. With up to five annual harvests possible due to the country’s equatorial climate, lower energy input requirements compared to North American producers, and a growing domestic patient base, Peru is increasingly attractive for cultivation and export operations. Several multinational operators — including Canadian-based Canopy Growth and Plena Global — have already entered the market, recognizing the country’s agricultural advantage.

Key commercial drivers for international operators entering Peru in 2026 include:

• Export licensing: Holders of a DIGEMID production license can apply for export authorizations to supply European and Latin American medical markets.
• Import dependency gap: Peru’s medical cannabis supply is predominantly imported, yet domestic patient registration in RENPUC continues to grow. Local production licenses position operators ahead of this demand curve.
• Regional clustering: Peru sits within a growing South American cannabis trade zone alongside Colombia, Ecuador, and Argentina — all of which have licensed export frameworks. Regional operators can structure multi-country cultivation and distribution networks. See our guides to Colombia cannabis licensing and Argentina cannabis licensing for comparison.
• Industrial hemp: Hemp cultivation with THC content below 0.3% is authorized under Peru’s pharmaceutical framework, offering a lower-regulatory-barrier entry point for operators building toward a full cannabis license.

GrowerIQ’s seed-to-sale software is built to support international operators navigating multi-country regulatory environments. Our platform manages DIGEMID compliance documentation, batch tracking, cultivation records, and chain-of-custody reporting required for both Peruvian regulators and export destination audits. Brazil’s cannabis market offers a comparable regulatory growth story for operators exploring the broader South American opportunity.

References

1. Arnold, M. (2022, May 31). Peru Issues Draft Law to Allow and Regulate Patient-Grown Medical Cannabis. Retrieved June 22, 2022, from High Times website: https://hightimes.com/news/peru-issues-draft-law-to-allow-and-regulate-patient-grown-medical-cannabis/
2. Cannabis law and legislation in Peru. CMS Expert Guides. (2019). Retrieved June 22, 2022, from Cms. law website: https://cms.law/en/int/expert-guides/cms-expert-guide-to-a-legal-roadmap-to-cannabis/peru
3. Pascual, A. (2019). Cannabis in Latin America: The Regulations and Opportunities. Marijuana Business Daily. Retrieved July 24, 2021, from https://mjbizdaily.com/wp-content/uploads/2019/09/Cannabis-in-Latin-America_The-Regulations-and-Opportunities.pdf
4. The LATAM and Caribbean Report. Prohibition Partners. (2020, November). Latin America and Caribbean Cannabis Report Second Edition from: https://prohibitionpartners.com/reports/the-latin-america-and-caribbean-cannabis-report-second-edition