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No, weed is not legal in Peru, but the law does not punish a small amount kept for personal use. That gap is why so many people ask whether marijuana is legal in Peru and get confusing answers.
Up to 8 grams of cannabis for your own immediate use is not punished, while selling or supplying any amount is still a crime. This guide explains Peru’s cannabis laws, the 8-gram rule, medical access, CBD and the risks for visitors.
Is weed legal in Peru for recreational use?
Recreational weed is illegal in Peru. There are no shops, no licensed sellers and no legal way to buy cannabis for fun. What Peru has instead is a narrow rule in Article 299 of the Penal Code that stops small personal-use possession from being punished.
That rule is a defence, not a right to use cannabis. It protects possession only, so the person who sold you the cannabis has still committed a crime. Police and prosecutors also look at the circumstances, not just the weight on the scale.
What is the 8-gram rule in Peru?
Article 299 says possession for your own immediate consumption is not punishable up to 8 grams of marijuana or 2 grams of its derivatives. The current wording comes from Law 30681 of 2017, which rewrote the article when Peru legalised medicinal cannabis.
There is an important catch. The exemption does not apply if you are carrying two or more types of drug at once. It also depends on the cannabis being for immediate personal use, so packaging, cash or other signs of dealing can remove the protection even below 8 grams.
What are the penalties under Peru weed laws?
Possession that falls outside Article 299 can be prosecuted under Peru weed laws as drug trafficking. The Penal Code grades trafficking by quantity and circumstances, and even the lowest band carries a prison sentence of several years.
Law 32250, published in January 2025, reworked the trafficking articles. Smaller quantities fall under a lesser trafficking offence that still means prison. Aggravated trafficking cases carry sentences of well over a decade.
Penalties at a glance
| Conduct | Governing law | General outcome |
|---|---|---|
| Up to 8 g of marijuana or 2 g of derivatives, one drug type, for immediate personal use | Penal Code Art. 299 | Not punishable |
| Possession not covered by Art. 299, or any amount for sale | Penal Code trafficking articles, amended 2025 | Can be prosecuted as trafficking, with prison |
| Large-scale or aggravated trafficking | Penal Code Art. 297, as amended 2025 | A very long prison sentence |
| Possession by a registered medical patient, in the amount the treatment needs | Penal Code Art. 299 | Not punishable |
Is medical marijuana legal in Peru?
Yes. Medical marijuana has been legal in Peru since Law 30681 of 2017, which regulates the medicinal and therapeutic use of cannabis and its derivatives. Law 31312 of 2021 then widened how patients can get it.
Access runs through a national patient registry kept by DIGEMID, the medicines regulator, under the Supreme Decree 004-2023-SA regulation. A doctor issues the prescription, and products are dispensed only through pharmacies. Products with 1% THC or more need a special prescription.
Since 2021, registered patients can also form associations of two or more members to grow cannabis together for medicinal use. What the association produces cannot be sold. Growing cannabis at home on your own, outside that licensed route, remains illegal.
Is CBD legal in Peru?
CBD is legal in Peru only as a medicinal product, and it needs a prescription. Under the 2023 regulation, products with less than 1% THC, or containing only CBD, require an ordinary medical prescription and a registered patient.
That means CBD is not an over-the-counter wellness product in Peru, whatever some online shops suggest. CBD oils and similar products sold outside the pharmacy and registry system sit outside the legal framework.
Can you smoke weed in Peru as a tourist?
You should not plan on it. The 8-gram rule contains no residency test, so in principle it covers visitors too. But buying cannabis always involves the seller’s crime, and police and prosecutors judge whether the circumstances point to personal use.
The UK Foreign Office warns in its Peru travel advice that illegal drug use and drug trafficking carry lengthy jail sentences. The US State Department adds that offenders can expect long pre-trial detention and harsh prison conditions.
Coca is a separate matter. The Foreign Office advises against taking coca leaves or coca tea out of Peru, because importing them into the UK is illegal.
The bottom line on cannabis in Peru
Weed is not legal in Peru, but up to 8 grams of marijuana for your own immediate use is not punished. Anything more, any sign of selling, or carrying more than one drug type can be prosecuted as trafficking, with prison. Medical cannabis and CBD are legal through prescriptions, a patient registry and pharmacies, not shops.
Visitors are best advised to avoid cannabis entirely, because the personal-use defence leaves plenty of room for things to go wrong.
Last reviewed: October 1, 2026. Cannabis laws change frequently, always verify current rules with official sources before you travel.
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