Puerto Rico

Navigating Puerto Rico Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

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Background on State Laws

Puerto Rico first made movements to approve medical cannabis regulations in 2015. In 2016 the Legislative Assembly approved Reglamento 8766, which authorized physicians to evaluate patients, established a list of eligible conditions, and more. Over the years, Puerto Rico has been working to make advancements in their medical cannabis regulations, improving access for patients. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how Puerto Rico fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Puerto Rico can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	62/100
Arrest Protection 25/25 Affirmative Defense 12/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	50/100
Authorized Retail Access 10/10 Alternative Accessibility Methods 10/20 Authorizes Delivery 10/10 Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 10/30 Reciprocity 20/20
Program Functionality	47/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 4/10 Reasonable Purchase Limits 4/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 5/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	20/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 0/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	20/100
State Program Protections 5/25 Housing Protections 0/25 Access for Minors 7/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 8/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	75/200
Cultivation Operations 21/50 Quality Management Systems 10/10 Staff Training 5/10 Standard Operating Procedures 6/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 1/1 Pesticide Usage Limitations 0/2 Environmental Impact Regulations 0/2 Required Testing 0/8 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 0/3 - Cannabinoids 0/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 22/50 Quality Management Systems 10/10 Staff Training 5/10 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 1/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Environmental Impact Regulations 0/3 Required Testing 0/10 - Cannabinoids 0/1 - Terpenes 0/1 - Microbials 0/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 0/5 - Cannabinoids 0/1 - Terpenes 0/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 10/50 Staff Training 10/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 22/50 Independent or Third-Party 0/5 Laboratory Sampling 0/5 Method Validation 0/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 0/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.