Curaçao keeps its cannabis ban and prohibits sales advertising

Curaçao kept its cannabis prohibitions when a replacement drug law took effect on 6 July 2024. The law also prohibited public messages promoting controlled-drug sales or supply, with an exception for purely medical or scientific information. Future exemptions could be created by decree, after parliamentary approval.^[1]

The inherited restrictions continued

The earlier ordinance had already prohibited cannabis cultivation and controlled possession, use and imports. Its later consolidated text contained medical exceptions and licensing powers.^[2]

The 2024 replacement kept those basic distinctions. It prohibited growing any Cannabis plant, dealt separately with herbal cannabis and resin, and controlled the import, preparation, supply and use of extracts and tinctures. Its provisions continued to distinguish ordinary prohibited activities from medical handling and lawfully obtained treatment supplies.^[1]

Advertising became an express offence

The new law prohibited public communications intended to promote the sale, delivery or provision of the controlled substances it covered. Purely medical or scientific information was excluded. Breaching the advertising rule could bring up to four months’ detention or a fine in the fourth statutory category, or both.^[1]

The 2019 consolidated ordinance had no corresponding advertising article. This added a distinct restriction on promoting supply alongside the existing controls over the drugs themselves.^[1][2]

Exemptions require Parliament’s approval

During its review of the proposed replacement, the Advisory Council asked the government to explain why a broad exemption power was needed and to give examples of its intended use.^[3]

The final law allows substances, activities or circumstances to be exempted from listed prohibitions through a separate decree. The government must first submit its intention to Parliament for approval. Over a 30-day period, Parliament can ask for commencement to be governed by legislation.^[1]

That procedure gives Parliament a role in future exceptions, including exceptions to the cannabis-growing prohibition. The existing medical exceptions remain part of the ordinance itself.^[1]

Small-quantity cases follow prosecution guidance

The 2018 prosecution guideline directs confiscation and a potentially conditional dismissal in its 0–25 g cannabis band, with exceptions. Its 25–50 g band calls for a fine request up to NAf 500. Minors, repeat offending, dealing indications and certain settings receive different treatment.^[4]

The replacement ordinance entered into force the day after its 5 July publication. The Curaçao profile brings together the statutory controls, medical exceptions and prosecutors’ approach to personal quantities.^[1]