Medical Marijuana and Hemp Legalized in Costa Rica

by Daniel Oses Ivankovich

Costa Rica has legalized hemp production and commercialization, as well as cannabis for medicinal and therapeutic purposes. This article provides an overview of what this means and the steps involved for those eligible.

In March 2022, the congress approved the law N° 10113, “Ley del cannabis para uso medicinal y terapéutico y del cáñamo para uso alimentario e industrial.” The new law was published in La Gaceta number 46 on March 9, 2022.

Hemp and marijuana plants have some general similarities as a species of the cannabis genus. Some crucial differences between them are as follows.

• Non-psychoactive: Hemp has a minimal percentage of tetrahydrocannabinol (THC), the central molecule related to marijuana’s neuronal effects. Hemp plants contain around 0.3% of THC, while marijuana’s THC content ranges from 5% to 35%, depending on the strain.

• Growth height: Hemp plants can reach a height of 4 meters, while marijuana plants can grow up to 2 meters.

• Growing cycle: Hemp crops take around 120 days to grow, compared to 90 days for marijuana.

• Usage: Hemp can be used in the construction, food, health, and clothing industries. Marijuana is commonly used for medical, therapeutic and recreational purposes.

How is the legalization of marijuana and hemp going to work in Costa Rica?

The Costa Rican government will issue licenses to authorize the cultivation, harvesting, processing, storage and transport of medical marijuana and hemp. In addition, permits can be issued to import and distribute products made of hemp or marijuana.

License applicants must have no criminal background records related to drug dealing, corruption, or money laundering, and shall comply with sections 8, 9, and 10 of Law N° 10.113 and its regulation. The basic steps and requirements for license applicants are outlined below.

• Legal capacity: Individuals of legal age may act on their own or represent a corporation, with proof of the corporation's legal existence and good standing.

• Description of the project: A detailed description of the project and its financing sources must be provided, subject to a background check performed by the appropriate authorities.

• CCSS: License applicants must be registered as employers in the Caja Costarricense de Seguro Social (social security) and be up to date in all municipal and tax obligations.

• Government institutions' periodic inspections: All authorized projects will be subject to regular checks performed by the Instituto Costarricense Sobre Drogras (Costa Rican National Drugs Institute), Ministerio de Agricultura y Ganadería (Agriculture Ministry), and/ or Ministerio de Salud (Health Ministry). These institutions can take samples of the crop or the product that is being commercialized.

After the documents mentioned are submitted, the government will have up to 30 days to review them and give a formal resolution.