Is Weed Legal in Costa Rica?

Last reviewed: August 6, 2026

No — recreational cannabis is illegal in Costa Rica, though personal consumption is not penalized. Medical cannabis and industrial hemp are legal under Law 10113. Law 8204, the narcotics statute, criminalizes trafficking, sale, and cultivation with 8 to 15 years' imprisonment, but sets no penalty for personal use and no possession threshold — courts have long held that consumption itself is not punishable. Medical cannabis was legalized in March 2022 by Law 10113, and the program became operational in 2025 when the Ministerio de Salud opened registration of THC-containing medicinal products for pharmacy dispensing. A recreational legalization bill was struck down by the Constitutional Chamber in December 2024.

Costa Rica Cannabis and Hemp Overview

Costa Rica occupies an unusual middle ground. It is one of the few countries where the criminal code simply does not punish personal drug consumption, which gives cannabis a visible, semi-tolerated presence in beach towns like Tamarindo, Jacó, Santa Teresa, and Puerto Viejo. But tolerance is not legality: there is no lawful recreational supply, no dispensaries for tourists, and no possession threshold that guarantees you walk away. On the regulated side, Law 10113 built a licensing framework for medicinal cannabis and industrial hemp, and after a slow rollout the pieces came together in 2025 — cultivation licenses, a product-registration regulation, and pharmacy dispensing with digital prescriptions. Recreational reform, by contrast, hit a constitutional wall.

What Costa Rican Law Actually Says

Law 8204 (Ley sobre Estupefacientes, Sustancias Psicotrópicas y Drogas de Uso No Autorizado) is the enforcement statute. It punishes production, distribution, and trafficking with 8 to 15 years' imprisonment, and possession "for purposes of sale or distribution" is prosecuted on the same terms — police and prosecutors infer intent from quantity, packaging, scales, and cash rather than a fixed gram limit. Personal consumption carries no criminal or administrative penalty, a position the Sala Constitucional has repeatedly upheld, though police may still confiscate the product. Law 10113 (Ley del Cannabis para Uso Medicinal y Terapéutico y del Cáñamo para Uso Alimentario e Industrial, March 2022) legalized medicinal cannabis and hemp: the Ministerio de Agricultura y Ganadería (MAG) licenses cultivation, and the Ministerio de Salud regulates products and prescriptions. Executive Decree 44917-S, the technical regulation RTCR 515:2024, took effect on June 22, 2025 and opened sanitary registration for cannabis-based medicinal products, covering packaged dried flower and dosage forms like capsules, creams, and oral liquids.

The Medical Program and the Failed Recreational Bill

Access runs through the pharmacy, not a dispensary: a physician issues a digital prescription and registered products are dispensed at licensed pharmacies. The first commercial cultivation licenses were issued in late 2023, and by 2025 the country had also licensed dozens of hemp operations — our briefing on Costa Rica's 2025 hemp buildout covers the 57 licenses and export posture. Recreational legalization is off the table for now: on December 19, 2024, the Constitutional Chamber of the Supreme Court declared Bill 23383, the Law for the Control and Regulation of Cannabis for Recreational Use, unconstitutional, holding that it conflicted with the 1961, 1971, and 1988 UN drug conventions, which outrank ordinary statutes under Article 7 of the Constitution. Absent treaty withdrawal — which no major political actor is proposing — a future legislature cannot simply pass a legalization law, and no new recreational bill is advancing in the Asamblea Legislativa as of August 2026.

What This Means for Travelers

You will likely see and smell cannabis in Costa Rica's surf towns, and consumption itself is not an offense — but there is no legal way for a visitor to buy it. Every purchase funds an illegal seller who risks 8 to 15 years, and buyers holding more than a clearly personal amount can be detained while police assess intent to distribute. Officers routinely confiscate small quantities even when no charge follows. Smoking in public, around families, or in national parks invites police contact and, in hotels, eviction. Do not bring product into the country: importing cannabis — including products bought legally in a U.S. state or Canada — is trafficking at the border, and airport screening at SJO and LIR is real. Costa Rica does not recognize foreign medical cannabis cards; access requires a prescription from a Costa Rican physician filled at a local pharmacy. Hemp-derived CBD products are increasingly available under the Law 10113 framework, but check labels — anything with meaningful THC needs registration.

What This Means for Operators

Costa Rica is now genuinely investable on the medical and hemp side, with the caveat that the market is young. MAG cultivation licenses for psychoactive cannabis carry security, traceability, and reporting conditions; hemp licensing is lighter (Law 10113 defines hemp at up to 1% THC, a friendlier threshold than the EU's). The 2025 product-registration regulation gives manufacturers a route to market through the Regístrelo platform, and the Ministry has signaled a further therapeutic-products regulation is coming. Export ambitions center on hemp ingredients and, longer term, finished medicinal products. There is no pathway for adult-use investment, and the December 2024 constitutional ruling means none is coming without treaty-level change.

Frequently Asked Questions

Can tourists buy weed legally in Costa Rica?
No. There are no recreational dispensaries and no legal sales channel for visitors. Medical products require a Costa Rican prescription and are dispensed at pharmacies.

Is weed decriminalized in Costa Rica?
Effectively, for use: the law sets no penalty for personal consumption and courts have held it is not punishable. But there is no protected possession amount — police can confiscate, and quantities suggesting sale trigger trafficking charges.

What happens if I'm caught smoking on the beach?
Most commonly, police confiscate the cannabis and move you along; there is no fine for personal use. Larger amounts, scales, or multiple bags change the conversation to Law 8204 trafficking exposure.

Can I bring my medical marijuana from the US or Canada?
No. Foreign cards and prescriptions carry no weight at the border, and importing any cannabis product is a trafficking offense. Leave it at home.

Is CBD legal in Costa Rica?
Hemp and hemp-derived products are legal under Law 10113 (hemp defined at up to 1% THC), and CBD products are appearing in the retail market. Products with higher THC require sanitary registration as medicinal products.

Will Costa Rica legalize recreational cannabis?
Not soon. The Constitutional Chamber struck down the recreational bill in December 2024 on UN treaty grounds, a barrier that would require denouncing the drug conventions to clear. No new bill is advancing as of August 2026.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Costa Rican enforcement leaves substantial discretion to police and prosecutors, and the medical framework is still maturing. Travelers and operators should verify current requirements with Costa Rican counsel. Find one in our Cannabis Lawyer Directory.