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CBD Oil in Puerto Rico

cbd oil in puerto rico  Photo by Zixi Zhou on Unsplash

Disclaimer: Please note that the information found on this page was independently researched by Highland Pharms. It is not presented by lawyers or other legal experts. We have made great efforts to verify the accuracy of this content, but it should never be interpreted as legal advice in any capacity. It is the sole responsibility of each reader to know their local laws. If you have further questions on these topics, please check with your local law enforcement agencies.

CBD Oil in Puerto Rico

Do you have questions about CBD laws? Are you wondering about the legality of CBD oil in Puerto Rico? You may find the answers that you are seeking on this page!

Governments and law enforcement agencies have developed a better understanding of cannabis in the last decade, and laws regarding cannabidiol (CBD) have changed dramatically in the last several years. But CBD, being cannabis based, was illegal throughout the United States (Puerto Rico included) for much of the last century.

To have a better understanding of the situation, we need to talk about tetrahydrocannabinol (THC), marijuana, and hemp.

While all CBD products are derived from cannabis plants, not all of those plants are marijuana. In fact, many CBD products that are for sale in general retail environments are derived from hemp plants, not marijuana.

Marijuana remains illegal at the federal level, while hemp was legalized in 2018. While the two cannabis plants are similar in many ways, hemp contains only trace amounts of the psychoactive substance THC.

You cannot get “high” from consuming hemp or hemp-derived products, and this distinction has helped lawmakers move forward in removing legal barriers to hemp (and CBD) accessibility.

CBD that contains less than .03% of THC is viewed as being hemp-derived in the eyes of federal law.

With the federal government stepping out of the picture, regulation of hemp crops, and hemp-derived products like hemp CBD—is left up to each state or territory.

Is CBD Oil legal in Puerto Rico?

Broadly speaking, CBD oil is legal in the territory of Puerto Rico, but the laws are not as straightforward or comprehensively detailed on this topic as they are in some other parts of the United States.

While the Farm Bill of 2018 legalized hemp at the federal level and paved the way for the recent commercialization of hemp CBD, territories and states have had to take some time to put their own regulatory systems in place.

Puerto Rico began issuing licenses for hemp production in 2019 through a state-level pilot program.

CBD that contains THC in excess of .03% must be classified as medical grade and is only available via medical cannabis dispensaries. Currently, there are no laws that specifically outline guidance for CBD, other than those related to medicinal cannabis.

Hemp CBD is not considered medical cannabis in Puerto Rico and can be found for sale in general retail environments.

What are the current CBD laws in Puerto Rico?

Like many other states and territories within the US, Puerto Rico has started to establish its own legal and regulatory framework when it comes to cannabis and CBD. To have a better understanding of the current cannabis and CBD laws in Puerto Rico, it is helpful to study how the legal situation has unfolded over the years.

Many parts of the United States completely banned cannabis in the early-mid 20th century, well before the Controlled Substances Act of 1971 (CSA) went into effect in 1971. Puerto Rico was among those. Puerto Rico moved to ban all forms of cannabis in 1932 with Act 12, “An Act to Punish the Planting, Importation, Purchase, and Sale of Marijuana, and for Other Purposes.”

Little changed on this front for nearly a century to follow. All forms of cannabis were considered Schedule I drugs under the CSA until the 21st century saw the passage of the 2014 and 2018 Farm Bills.

The push for cannabis freedom has been multifaceted, but two important fronts have been the legalization of hemp, and the legalization of medical cannabis.

Efforts to decriminalize recreational cannabis have not been successful, however medical cannabis was legalized in 2015 after Executive Order OE-2015-10 was signed by Governor Alejandro Garcia Padilla. (It may be worth noting that even after passage of this executive order, smokable cannabis remains illegal in all instances.)

Act No. 42-2017 recognized CBD as a compound with medicinal benefit and following this, Regulation 9038 was put in to place to create a framework for the sale and use of medical cannabis and medical grade CBD oil. Still, this only addresses medical cannabis. This regulation is still important in relation to hemp because in its definition of medical cannabis, it excludes industrial hemp and its derivative products.

This brings Puerto Rico into general alignment with federal definitions and views on hemp and medical cannabis—as of 2021, hemp is not considered a restricted drug. It can be sold to members of the general public in Puerto Rico.

Can I purchase CBD in Puerto Rico?

Yes, you can legally purchase CBD products in Puerto Rico, as is the case in many other US States—hemp CBD may be available in your local area at select brick and mortar retail stores. But the best way to purchase hemp CBD in Puerto Rico may be to buy it from an internet retailer.

Many hemp CBD users prefer the method of ordering online and having CBD products shipped directly to their homes. A well-established internet retailer will offer better pricing, selection, trustworthiness, and quality when compared to the average corner store.

Highland Pharms offers those who seek CBD a variety of formats to choose from including drops, tinctures, capsules, pills, lotions, creams, gummies, vape oils, and even pet treats!

Highland Pharms is proud to ship to customers across the United States, Puerto Rico included. We have been building trust with the CBD community by providing users with highly rated products that are safely, cleanly, and legally produced using proprietary C02 extraction methods.

Whether you are reading this in Puerto Rico, or elsewhere, we hope you that will consider making Highland Pharms your reliable source for all things CBD-related.

We invite you to browse our extensive product selection today!

 

Resources

Controlled Substances Act – Wikipedia

Puerto Rico Medical Marijuana Law – NORML

Is CBD Oil Legal in Puerto Rico? CBD Legality in PR (weedmaps.com)

Puerto Rico Governor Signs Executive Order to Legalize Medical Pot | Time

Hemp CBD Across State Lines: Puerto Rico – Canna Law Blog™ (harrisbricken.com)

Gobernador ordena viabilizar uso medicinal de productos derivados del cannabis | La Fortaleza

Reglamento Núm. 9038.pdf (salud.gov.pr)

Ley 42-2017.pdf (salud.gov.pr)

Cannabis Medicinal | Departamento de Salud de Puerto Rico

Agricultural Act of 2014 – Wikipedia

2018 United States farm bill – Wikipedia

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