Cannabis legalisation in South America: 2026 overview

In December 2013, Uruguay became the first country in the world to fully legalise the production, sale and consumption of cannabis, through law 19.172. Pharmacy sales began in 2017, under strict state control, with mandatory registration of buyers on a national register. This model remains unique in South America for the degree of direct state oversight of sales.

Colombia decriminalised personal possession as early as 1994 through a decision of its Constitutional Court, then legalised medical cannabis in 2016 with law 1787, before opening up the export of dried flower in 2021. Argentina adopted its medical cannabis law in 2017 (law 27.350), supplemented in 2020 by a decree authorising home growing for registered patients. Chile has tolerated home growing for personal use since several court decisions, and has regulated medical cannabis since 2015. Peru legalised medical cannabis in 2017 with law 30681.

In June 2024, the Federal Supreme Court (STF) decriminalised personal possession of cannabis below defined thresholds, distinguishing the user from the trafficker. This decision follows the 2019 authorisation of pharmacy sales of cannabis-based products on prescription, regulated by the health agency Anvisa. Brazil nevertheless still has no legal recreational market comparable to Uruguay's.

These South American developments have no effect on the framework applicable in France, where CBD remains authorised subject to a THC level at or below 0.30% in the finished product. A product bought legally in Uruguay or Colombia cannot be freely imported into France: French customs apply national law, regardless of the product's status in its country of origin.

Which South American country legalised cannabis first?

Uruguay, in December 2013, with law 19.172. Pharmacy sales began in 2017.

Has Brazil legalised recreational cannabis?

No. The Federal Supreme Court decriminalised personal possession in June 2024, which remains different from full legalisation of sales.

Can cannabis bought in Uruguay be imported into France?

No. French law applies at the border, regardless of the product's legality in the country of purchase. Only CBD products compliant with the French framework can circulate legally.

Does Colombia allow recreational use?

Personal possession has been decriminalised since 1994, but the structured legal framework concerns medical cannabis, regulated since 2016, and the export of dried flower since 2021.