Like most other countries undergoing cannabis decriminalization in Latin America, Colombia has strict regulations governing the cultivation, distribution, sale, and consumption of cannabis within its borders. Failure to comply with these laws often leads to varying levels of legal consequences. In this article, we will identify the major violations to Colombia’s cannabis laws and the different penalties ascribed to each violation.
Disclaimer: This article is for educational purposes only. Neither the website, its owners, its partners, nor the writer of this post, support nor encourage the breaking of Colombian laws or the participation of any illegal activity. The information provided in the content below is solely to keep cannabis consumers aware and educated on relevant subject matters.
Different Violations of Colombia’s Cannabis Laws and Their Ascribed Penalties
As of the writing of this post, Colombia’s cannabis laws follow the regulatory framework provided by Law 1787 of 2015 and subsequent decrees like Decree 613 of 2017 and Decree 811 of 2021. Along with establishing guidelines for the legal use, production, and distribution of cannabis for medical and recreational purposes, these laws also specify penalties for their violation. However, these penalties would often depend on what part of the law is being broken and the extent of the violation.
Below are the most common violations of Colombia’s cannabis laws and their penalties:
Possession Violations
Colombia’s cannabis laws restrict the possession of recreational marijuana to no more than 20 grams. Individuals caught with more than 20g of recreational cannabis are liable to be subject to any or a combination of the following penalties:
- Confiscation of the cannabis.
- Fines.
- Legal charges that might lead to imprisonment.
Self-Cultivation Violations
Just like with possession, there is also a limit to how much cannabis an individual can grow in Colombia for recreational purposes; 20 plants. Anyone caught in violation is liable to be subject to any or a combination of the following penalties:
- Confiscation of the excess plants.
- Fines.
- Legal charges that might lead to imprisonment.
Individuals might also be liable for these penalties if they are found cultivating cannabis on property they don’t legally own or have permission to use.
Commercialization of Recreational Cannabis
In Colombia, the commercialization of recreational cannabis within the country remains prohibited. However, there are laws for the exportation of Cannabis commercially to other countries. While individuals may self-cultivate and have (small amounts of) cannabis in their possession for recreational purposes, buying and selling recreational cannabis remains illegal in the country. Individuals found in violation of this law may be subject to any or a combination of the following penalties:
- Heavy fines.
- Charges of illegal trafficking which could lead to imprisonment for (6 to 15 years) in a not-so-nice prison.
Procurement of Medical Cannabis without a Prescription
In Colombia, individuals looking to purchase medical cannabis must have a prescription from a certified medical cannabis expert. Without such a prescription, the possession of medical cannabis would be considered illegal and individuals found in violation of this law might be subject to any or a combination of the following penalties:
- Confiscation.
- Fines.
- Charges.
- Legal charges that might lead to imprisonment.
Licensing Violations
In Colombia, individuals and organizations looking to cultivate or purchase cannabis for industrial purposes require government-issued cannabis licenses to function legally within the country. Such licensed parties are governed by strict regulatory frameworks that outline the permissible activities, quantities, and compliance standards. Parties found in violation of these laws may be subject to any or a combination of the following penalties:
- Revocation of licenses.
- High monetary fines and legal sanctions.
- Bans.
- Confiscation of all cannabis-related assets.
- Legal charges that might lead to imprisonment.
How the Penalties Are Chosen
Typically, the choice of penalty would greatly be determined by the level of violation. For possession, self-cultivation, and commercialization violations, this would often depend on how much cannabis is found in the possession of the culprit and the intended use; for personal consumption or sale. Legal charges are an extreme penalty in these cases, often reserved for severe violations involving large amounts of cannabis.
For licensing violations—which often involve businesses and large organizations—heavy fines and legal sanctions are a more common penalty, though depending on the extent of the violation, revocation of licenses and the confiscation of all cannabis-related assets may apply. In extreme cases, legal charges and prison terms may apply.
See many other blog articles from Is Weed Legal in Colombia for more information on everything cannabis related in Colombia (both recreationally and medical)!
