Law 42 and Regulation 9038:
In Puerto Rico, cannabis is a controlled substance that requires a special permit for use.
The Department of Health approved a regulation that reclassified cannabis as a Schedule II drug, meaning that instead of being a prohibited drug, it may now be used like any other controlled medication.
The Constitution of Puerto Rico (Article IV), the law that created the Department of Health (Law 81 of May 14, 1912, as amended), and the Controlled Substances Act (Law 4 of 1971) delegate authority to the Secretary of Health, granting the power to classify drugs and authorize those for medical use.
The Controlled Substances Act establishes that it is the Secretary of Health who regulates the manufacture, distribution, and disposal of controlled substances (Law 4 of June 23, 1971, “Controlled Substances Act”).
Article 201 specifically authorizes the Secretary of Health to reclassify controlled substances, move them up or down in category, and even “remove any drug or substance” included in the law.
In the case of cannabis, the substance was reclassified as Schedule II, meaning it has medical use but requires “severe restrictions” (Art. 202(b)). Its use is carried out in accordance with Law 42-2017, known as the “Law to Manage the Study, Development, and Research of Cannabis for Innovation, Applicable Standards, and Limits (Medical Law),” approved on July 7, 2018. This Law 42 created the Medical Cannabis Regulatory Board, which was tasked with developing a regulation establishing the rules governing all procedures related to medical cannabis. This regulation is known as Regulation 9038 and was approved on July 2, 2018.
To read these regulations, please visit the Department of Health website: www.salud.gov.pr
