Frequently Asked Questions about Hemp and Cannabis in Costa Rica

What is the difference between hemp and psychoactive cannabis according to Costa Rican regulations?

In Costa Rica, Law No. 10113 defines hemp and psychoactive cannabis as two substances derived from plants of the cannabis genus, with the fundamental difference being the proportion of psychoactive content.

Hemp is, by definition, classified as non-psychoactive. Hemp refers to any plant of the cannabis genus (or its derivatives and extracts), whose psychoactive content, when measured in dry weight, is less than 1%. If the psychoactive component of the plant or its derivatives exceeds 1% in dry weight, it is classified as psychoactive cannabis.

Is the consumption of hemp and psychoactive cannabis legal in Costa Rica?

While Costa Rican regulations establish various penalties for unauthorized distribution of hemp and psychoactive cannabis, personal consumption of these substances is decriminalized.

Recently, with the enactment of Law No. 10113 in March 2022, Costa Rica regulated the production, industrialization, and commercialization of these substances, provided that prior authorization or a license is obtained, and in the case of psychoactive cannabis, the purposes stipulated by the law are met. Failure to have the corresponding authorization, in accordance with Law No. 10113, not only leads to penalties but also empowers authorities to seize and destroy the specified substances.

For what purposes can hemp or psychoactive cannabis be produced, industrialized, and commercialized in Costa Rica?

Law No. 10113 does not impose any specific purpose limitations on carrying out activities involving hemp utilization. Its cultivation, production, industrialization, and commercialization, even for end consumption, only require prior authorization from the relevant authority.

However, there are limitations on activities related to the utilization of psychoactive cannabis. It can only be imported, produced, industrialized, and commercialized for medicinal and therapeutic purposes. In other words, the production and industrialization of psychoactive cannabis must be geared towards creating products for treating diseases or alleviating their symptoms. Likewise, derivatives of psychoactive cannabis can only be imported if they will be used for these purposes.

Each of these activities involving the utilization of psychoactive cannabis requires a special license, which is processed through the Ministry of Agriculture and Livestock or the Ministry of Health, depending on the case.

Is prior authorization required to import and commercialize finished hemp products ready for consumption?

Finished hemp products are those that are already in their final packaging and ready for human or veterinary consumption. Costa Rican authorities have stated that these finished products do not require prior authorization as regulated by Law No. 10113.

However, it is necessary to have the sanitary registration for each product that will be imported and commercialized. The sanitary registration certifies that the imported products have been examined by the Ministry of Health or the Animal Health Service and are suitable for human or veterinary consumption, respectively.

If you have any other questions about permits and requirements regarding hemp and cannabis, contact us and we will be happy to assist you.

By Diego Castillo, specialist in Hemp and Cannabis Regulation.