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Puerto Rico Marijuana Laws

Marijuana is Schedule I(c) controlled substance under Puerto Rico Law.

Possession

Possession of marijuana is a felony and is punishable by a fixed term of 3 years imprisonment. This term may be increased to 5 years if there are “aggravating circumstances” or reduced to a minimum of 2 years if there are “extenuating circumstances”. A fine up to $5000 may also be imposed.

Subsequent offenses may be punished by a fixed term of 6 years imprisonment. This term may be increased to 10 years if there are “aggravating circumstances” or reduced to a minimum of 4 years if there are “extenuating circumstances”. A fine up to $5000 may also be imposed.

Probation is available for first offenders. This probation is a fixed term of 3 years. However, if there are “aggravating circumstances” this term may be increased to 5 years; if there are “extenuating circumstances” this term may be reduced to a minimum of 2 years. Upon successful completion of probation the court may acquit the defendant and retain a confidential record of the offense for use only by the court.

Distribution

Distribution of marijuana includes possessing marijuana with the intent to distribute.

Distribution of marijuana is a felony and is punishable by a fixed term of 12 years imprisonment. If there are “aggravating circumstances” this term may be increased to a maximum of 20 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 5 years. A fine of up to $20,000 may also be imposed.

Subsequent offenses are punishable by a fixed term of 25 years imprisonment. If there are “aggravating circumstances” this term may be increased to a maximum of 40 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 10 years. A fine of up to $30,000 may also be imposed.

Adults distributing marijuana to a person under 18 years may be convicted of a felony and may be imprisoned for a fixed term of 24 years. If there are “aggravating circumstances” this term may be increased to a maximum of 48 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 10 years. A fine of up to $40,000 may also be imposed. Subsequent offenses are punishable by a fixed term of imprisonment of 48 years. . If there are “aggravating circumstances” this term may be increased to a maximum of 96 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 20 years. A fine of up to $80,000 may also be imposed.

Using a person under 18 years of age to assist in selling marijuana is a felony punishable by imprisonment for 24 years. If there are “aggravating circumstances” this term may be increased to a maximum of 48 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 10 years. A fine of up to $40,000 may also be imposed. Subsequent offenses are punishable by up to 48 years of imprisonment. If there are “aggravating circumstances” this term may be increased to a maximum of 96 years. If there are “extenuating circumstances” this term may be reduced to a minimum of 20 years. A fine of up to $80,000 may also be imposed.

Hash & Concentrates

The Puerto Rico statute defines Marihuana as every part of the Cannabis plant, including the extracted resin and every preparation, compound, and derivative thereof. There is no separate definition for either Hashish or Tetrahydrocannabinols in the statute. Tetrahydrocannabinols and Marihuana are both listed in Schedule I of the statute, but there is no separate listing for Hashish. There is no indication in any section of the statute that Hashish or Tetrahydrocannabinols are punished any differently than plant Marihuana.

Paraphernalia

Distribution or possession with the intent to distribute of any item used for the cultivation, distribution, or inhalation/ingestion of marijuana is a felony and is subject to punishment by a fine of up to $30,000 or a term of 3 years imprisonment. If there are “aggravating circumstances” a fine of up to$50,000 or imprisonment of up to 5 years may be imposed. If there are “extenuating circumstances” the punishment may be reduced to a fine of up to $20,000 or up to 2 years of imprisonment.

Possession of any item used for the cultivation, distribution, or inhalation/ingestion of marijuana is a felony and is punishable by a fine of up to $3,000 or a fixed term of 3 years imprisonment. If there are “aggravating circumstances” the fine may be increased up to $5,000 or a maximum term of 5 years imprisonment may be imposed. If there are “extenuating circumstances” the penalty imposed will not be greater than a fine $2,000 or 2 years imprisonment.

Forfeiture

Vehicles used to facilitate the sale or possession of marijuana are subject to forfeiture.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

Any amount (first offense) felony 2 – 5 years $ 5,000
Any amount (subsequent offense) felony 4 – 10 years $ 5,000

Distribution

Any amount (first offense) felony 5 – 20 years $ 20,000
Any amount (subsequent offense) felony 10 – 40 years $ 30,000
Involving a minor (first offense) felony 10 – 48 years $ 40,000
Involving a minor (subsequent offense) felony 20 – 96 years $ 80,000

Includes possession with intent to distribute.

Hash & Concentrates

Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession of paraphernalia felony 2 – 5 years $ 5,000
Distribution or possession with intent to distribute paraphernalia felony 2 – 5 years $ 50,000

Civil Asset Forfeiture

Vehicles used to facilitate the sale or possession of marijuana are subject to forfeiture.

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