Cannabis Freedom IndexPuerto Rico14
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Puerto Rico

North America

14/100

Prohibition

Not ranked: Unincorporated territory
would rank #57 among countries

Unauthorised cannabis possession remains a felony, with probation and other alternatives available in qualifying cases. Medical dispensaries began serving patients in December 2016. The health department counted 110,736 active patients in August 2026.

Recreational: IllegalMedical: Legal

Unincorporated territory. Puerto Rico is an unincorporated territory of the United States, a commonwealth with its own constitution, legislature and criminal law. Federal drug law applies there as in the states. See also 🇺🇸 United States.

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A rough guide read from the scores below, not legal advice. The details and the exceptions are in each segment: select an answer to jump to it.

Score over time

Cannabis users
99,000
Share aged 15–64
4.88%

People who used cannabis in the past year, from a 2005 survey, applied to today's population aged 15–64.

Source UNODC World Drug Report 2026, annex table 1.2. Population from the World Bank, aged 15–64. The whole dataset →

Score breakdown ▏world average

Select a segment to show or hide the exact rules and sources. How the scores are made →

Possession · 25%1/10
adds 2.5 of 25 points

Under Article 404 of the Controlled Substances Act (Law 4 of 1971), possessing a controlled substance without a prescription is a felony with a fixed prison term of three years (two to five with mitigating or aggravating circumstances) and a fine of up to $5,000; a repeat conviction brings six years. A first offender may instead be put on probation without a finding of guilt and, if it is completed, have the case dismissed once in a lifetime. After a qualifying treatment assessment and with prosecution consent, a court may also impose a fine of $1,000 to $10,000 and up to six months of community service instead of prison.[1]

Personal cultivation · 25%1/10
adds 2.5 of 25 points

Growing cannabis outside the licensed medical industry is production of a controlled substance. The medical system is built on licensed cultivators supplying dispensaries.[1][2]

Punishment & enforcement · 20%2/10
adds 4.0 of 20 points

Possession is still prosecuted as a felony in the Court of First Instance; one 2025 case reached the Court of Appeals over a challenge to the search. About 222 people were convicted under Article 404 in 2022, and a San Juan politician asked the governor in 2024 to pardon those convicted of cannabis possession.[3][4]

Sharing & gifting · 10%1/10
adds 1.0 of 10 points

Distributing a controlled substance is a separate offence under the same law, with no exception for sharing without payment.[1]

Consumption · 10%1/10
adds 1.0 of 10 points

Use is dealt with through the possession offence. Even medical patients may not smoke cannabis.[1][2]

Legal access · 10%3/10
adds 3.0 of 10 points

There is no legal adult-use supply. The medical route requires a recommendation from an authorised doctor and patient identification under the regulated programme. The health department’s August 2026 report counted 110,736 active patients and 59 registered certifying doctors. Dispensaries began serving patients in December 2016; the 2017 law supplied the statutory structure.[2][5][6]

References

  1. Oficina de Gerencia y Presupuesto — Ley de Sustancias Controladas de Puerto Rico (Ley 4 de 23 de junio de 1971), revised 2 May 2026
  2. Puerto Rico — Medical Cannabis Act 42-2017, incorporating Act 15-2021Articles 8–13, 17, 24 (2021 employment protection) and transitional clause; OGP compilation revised 15 April 2024.
  3. Tribunal de Apelaciones de Puerto Rico — Pueblo v. Torres Latalladi, TA2025CE00959 (22 January 2026)
  4. Metro Puerto Rico — Piden a Pierluisi indultar a personas convictas por posesión de marihuana (21 April 2024)
  5. Puerto Rico Department of Health — Medical Cannabis Programme statistics, August 2026Active patients 110,736; certifying doctors 59; conditions on p. 4. Multiple certified conditions per patient.
  6. Primera Hora — First medical dispensaries open, 30 December 2016

Last updated: · 11 sources · history: 11 of 11 entries checked

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