Is Marijuana Legal in Costa Rica (2025 Update)

Costa Rica’s stance on marijuana is nuanced and has evolved in recent years. While you typically won’t be arrested for personal cannabis use, it is not fully legal. Many visitors still ask, “Can you smoke marijuana in Costa Rica?”

Here’s the situation as of 2025: Recreational marijuana remains illegal, though enforcement for small private use is very lenient.

In early 2022, Costa Rica legalized medical marijuana for therapeutic purposes (along with industrial hemp), but using cannabis recreationally is still against the law. Efforts to legalize adult recreational use have so far been unsuccessful, and public consumption is strictly forbidden.

Key Takeaways

• Personal Use Decriminalized (in Practice): Cannabis consumption is technically illegal in Costa Rica, but personal use of small amounts is generally not criminally prosecuted. Having a joint or two in private usually won’t land you in jail.

• Sale and Trafficking Illegal: Selling or distributing marijuana is a serious criminal offense under Costa Rican law. Large-scale cultivation or trafficking can lead to arrest and imprisonment.

• Medical Cannabis is Legal (Since 2022): Medical cannabis was legalized in March 2022 under strict regulations, allowing cannabis for medicinal or therapeutic use. Patients must have a prescription and approved products – non-medical (recreational) use remains prohibited.

• Enforcement Thresholds: Police typically confiscate small quantities (roughly 1–8 grams) from individuals without further action. Possession above a small personal amount, or any indication of intent to sell, can result in arrest and charges.

• No Public Smoking: Public cannabis use (smoking in streets, parks, etc.) is illegal and not tolerated – even medical users cannot smoke in public places. Cannabis should only be used, if at all, discreetly in private settings.

Cannabis Laws Overview

Costa Rica’s lush landscape has drawn tourists for decades, but its cannabis laws remain restrictive despite a culture of tolerance for small personal use (conceptual illustration).

Cannabis laws in Costa Rica strike a balance between prohibition and practical tolerance. Recreational marijuana use and possession are against the law, but the law is vague about “small doses” for personal use. In practice, having a small amount for personal consumption is de facto decriminalized – there is no specific penalty for minor possession, and police usually just confiscate the cannabis if it’s a trivial amount. However, anything beyond a personal-use quantity or any commercial activity remains illegal and can trigger criminal prosecution.

Costa Rica’s Narcotics Law (Law No. 8204) prohibits the production, sale, and supply of marijuana. It’s illegal to cultivate or distribute cannabis without authorization, and no formal system of legal recreational sales exists. Notably, the law does not define how much cannabis counts as a “small dose,” which creates some ambiguity. Authorities and courts have generally interpreted this to tolerate personal amounts (often considered up to around 8 grams or so) for private use. Essentially, having a joint or a few grams for yourself is tolerated (not formally permitted, but not punished), while larger quantities could be treated as trafficking.

In March 2022, after years of debate, Costa Rica enacted a law legalizing medical cannabis and hemp for industrial purposes. This was a significant shift in the legal landscape: cannabis and its derivatives can now be used legally for medicinal or therapeutic purposes, under regulation by the Health Ministry. Industrial hemp (non-psychoactive cannabis with <1% THC) is also legal to cultivate and process with a license. These reforms have not extended to recreational use, which remains unlawful despite ongoing public discussions.

Recreational Use: Still Illegal (and Tightly Controlled)

Recreational marijuana use in Costa Rica remains illegal in 2025. There is no legal framework for buying or selling cannabis for fun – no dispensaries, no retail shops, and no legal cultivation for personal pleasure. If you are caught with marijuana in public, the police (Fuerza Pública) will seize it and could cite the law against you. In reality, for a small amount clearly meant for personal use, authorities are often lenient: they might take the weed away and let you go with a warning. But this tolerance has limits. Using cannabis openly in public or carrying large amounts can lead to trouble.

It’s worth noting that enforcement attitudes reflect an open secret: cannabis use is common and largely tolerated in private settings. Walking through San José or beach towns, one might occasionally smell or even see people discretely smoking weed. Police on patrol are often indifferent if it’s just someone quietly enjoying a small joint. Small-time users and casual smokers generally have little to fear from law enforcement in practice. The only people at significant legal risk are those involved in bigger operations – large-scale growers or dealers face raids and arrests (for example, illegal plantations hidden in rural areas are still routinely busted by authorities).

That said, visitors should not misinterpret tolerance as full legalization. Marijuana is not “legal” for recreational use, and the government has made that clear. In fact, there have been recent political debates on this issue. Attempts to legalize recreational cannabis for adults have so far failed. In August 2023, a special commission in the Legislative Assembly voted 5–3 against a bill that would have regulated adult-use cannabis. This proposal, backed by the Executive Branch and even President Rodrigo Chaves, aimed to control the production, sale, and consumption of recreational marijuana, but it was blocked amid concerns about youth and health impacts (and fears of “marijuana tourism”).

Again in late 2024, advocates tried a different route – a national referendum to let the public decide on legalization. However, Costa Rica’s Constitutional Court halted that effort, ruling that recreational legalization would conflict with international drug treaties that Costa Rica is party to. The court cited the 1961 U.N. Single Convention on Narcotic Drugs (which limits cannabis use to medical and scientific purposes) in striking down the referendum. So, for now, recreational marijuana remains against the law, even though top officials (including President Chaves) argue that regulating it could reduce crime and bring economic benefits. The public debate is ongoing, but any change in the law will take time and faces legal hurdles.

Bottom line for recreational users: If you smoke cannabis in Costa Rica, do it privately and very discreetly. There is no legal protection for you if you’re caught; you’re relying on the customary leniency of police. Never carry more than a few grams, and do not smoke in public places – that’s asking for legal trouble. And of course, buying or selling weed (or carrying anything beyond a personal stash) is strictly illegal and can lead to arrest.

Medical Marijuana: Legal and Regulated

Significant progress has been made on medical marijuana in Costa Rica. In March 2022, then-President Carlos Alvarado signed a law that legalized cannabis for medical and therapeutic use. This law also legalized industrial hemp, recognizing its economic potential for wellness products, textiles, and more. Since then, Costa Rica has been rolling out regulations to govern how patients can access medical cannabis and how businesses can produce it.

Under the medical cannabis program, patients with qualifying health conditions can obtain cannabis-based treatments with a doctor’s prescription. Qualifying conditions include chronic pain, cancer, epilepsy, multiple sclerosis, and other serious ailments. Essentially, if a licensed Costa Rican physician determines that a patient could benefit from cannabis, they can authorize its use. All medical cannabis products must be approved and regulated by the Ministry of Health, ensuring quality and safety. Even for medical patients, smoking cannabis in public or any form of public consumption is not allowed – treatment must be used in private.

The law also set up a licensing system for cultivation and production of medical cannabis. Only approved, licensed growers and processors can legally cultivate marijuana and manufacture cannabis-derived medicines. Progress has been gradual: the first license for medical marijuana cultivation was issued in mid-2023, and by late 2024, the government had granted dozens of licenses for cultivating hemp (non-psychoactive cannabis) for CBD products. As of September 2024, the Agriculture Ministry (MAG) had awarded 57 licenses to businesses for growing hemp and producing hemp derivatives, a sign of the burgeoning CBD industry in Costa Rica. These developments mean you’ll find an increasing number of CBD oils, creams, and supplements for sale in Costa Rica – those are legal as long as they comply with the THC limits (up to 1% THC in hemp products).

To further implement the medical cannabis law, in early 2025 the Ministry of Health approved new regulations to facilitate the sale of medical cannabis products safely and exclusively to patients with prescriptions. This regulatory framework is aimed at improving patient access (so pharmacies or authorized sellers can dispense cannabis medications), boosting the pharma and research sectors, and attracting investment by creating a legal market for medicinal cannabis.

Important for visitors: Costa Rica’s medical cannabis program is primarily for residents under a doctor’s care. Tourists cannot simply bring their own medical marijuana into the country, and foreign prescriptions are not recognized. If you have a medical marijuana card or prescription from your home country, you should leave your cannabis at home – importing marijuana (even for medical use) is illegal. There is currently no system for a visitor to legally obtain medical cannabis in Costa Rica either, since prescriptions must be issued by local licensed doctors and filled through local authorized providers. Essentially, the medical cannabis law is great news for Costa Ricans who need therapeutic cannabis, but it doesn’t create any legal exceptions for travelers.

Law Enforcement Attitude and Penalties

Law enforcement in Costa Rica takes a relatively relaxed approach toward individual cannabis use, especially when compared to many other countries. For small amounts intended clearly for personal consumption, the typical police response is confiscation with no further penalty. For example, if an officer finds you with a single joint or a few grams in your pocket, they will likely just seize it and perhaps give you a stern reminder that it’s illegal. Cases abound of locals and tourists caught with a bit of weed who are let off without arrest – this has effectively upheld a de facto decriminalization for minor possession.

However, it’s crucial to understand that this tolerance is not guaranteed, but rather at the discretion of the officers and the circumstances. If you were smoking in public, or causing a disturbance, the police might not be so lenient. Also, if you’re found with a larger quantity of cannabis – generally anything that suggests more than just casual personal use (often if you have more than about 8 grams, though the law doesn’t set a hard number) – authorities may interpret it as intent to distribute, which is a criminal offense. In that case, you could be arrested and charged under drug trafficking laws, facing possible fines or even imprisonment. Essentially, a few grams might be overlooked, but anything more can quickly escalate the situation. There’s a fine line between “personal stash” and “potential dealer” in the eyes of the law when no formal thresholds are defined.

Costa Rican police also continue to crack down on cultivation and sale networks. It’s common to see news of marijuana farms being raided or dealers arrested, particularly those who cultivate large plots in remote areas or run organized distribution. The authorities are especially vigilant about protecting the country from becoming a trafficking hub. So while an average user might rarely face jail, those involved in the supply chain (growing, selling, smuggling) face strict enforcement. Penalties for distribution offenses can include multi-year prison sentences, depending on the amount and circumstances.

Overall, the attitude of law enforcement can be summed up as: “If you’re discreet and only have a little, we don’t want to ruin your life over it. But don’t push your luck.” This unwritten policy has fostered a relatively peaceful coexistence – cannabis isn’t legal, but everyday consumers aren’t a priority target. Of course, individual experiences can vary. Some officers may be more old-school and less forgiving, and if you’re very unlucky or behave recklessly, you could still end up in legal trouble for even small-scale possession. It’s always wise to err on the side of caution and respect the fact that the law is the law.

Practical Advice for Visitors

If you’re visiting Costa Rica and wondering about using cannabis, here are some practical tips and realities:

• Do Not Smoke in Public: This point can’t be stressed enough. Lighting up a joint on a public beach, in a park, on the street, or any other public area is illegal and will draw unwanted attention. Police can and will intervene if they see or smell you using marijuana in public. Even Costa Rica’s medical cannabis law does not allow public smoking, so there are no exceptions. If you must partake, do it in a private, out-of-sight location (e.g., inside a private residence with permission).

• Be Discreet and Keep It Small: If you decide to use marijuana, keep only a very small personal amount on you – think one or two joints worth (a few grams at most). Having a small stash for personal use is generally tolerated, especially if you’re discreet and respectful about it. Avoid carrying anything that could suggest you intend to sell or distribute. It’s wise to store it securely and not flash it around. The old saying “out of sight, out of mind” applies – if nobody notices, you won’t have problems.

• No Legal Purchase Options: Remember that there are no legal weed dispensaries or shops for recreational cannabis in Costa Rica. Any marijuana you might acquire will be through the black market (unregulated sources). This comes with risks: quality and purity aren’t guaranteed, and buying from street dealers could potentially expose you to scams or crime. Tourists have reported that cannabis is “widely available” informally in some areas, but still illegal. Use common sense – asking around casually in surf towns or nightlife spots might connect you to someone selling, but always be cautious. Engaging in a drug deal itself carries legal risk.

• Don’t Bring Your Own: It’s illegal to bring cannabis into Costa Rica. Luggage scans at the airport will detect drugs, and you could face serious charges for attempting to import a controlled substance, even if it’s just personal stash. Costa Rican customs and police do enforce these laws. So leave any weed or cannabis-infused products at home. Likewise, don’t plan on taking any back with you when you depart – you’d be breaking laws in multiple jurisdictions. Just avoid international drug travel entirely.

• Medical Users – Plan Ahead: If you rely on medical marijuana for a health condition, talk to your doctor about legal alternatives while traveling. Costa Rica does allow certain CBD oil products that are THC-free or very low THC, which might be a legal alternative for you (since CBD products derived from hemp are legal as long as they meet the THC limit). Over-the-counter CBD supplements can be found in pharmacies and wellness stores in Costa Rica. However, any products with significant THC content will not be legally accessible to a tourist. You might need to bring other non-cannabis medications to manage your condition during your trip.

• Cannabis-Friendly Spots: Despite the strict laws, Costa Rica has a reputation for being laid-back. In some tourist enclaves – for instance, parts of the Caribbean coast (around Puerto Viejo) or surf towns like Tamarindo, Santa Teresa, Jacó – you’ll find a more relaxed vibe about cannabis. Some hostels or private hotels quietly permit smoking on their property (out of public view), and there are tour operators that advertise “420-friendly” services. Keep in mind, these are unofficial allowances. Even if a lodge owner doesn’t mind you smoking on the balcony, it’s still technically illegal. Use good judgment and always ensure you’re not bothering others or drawing attention.

• Stay Updated: Cannabis laws are actively being debated in Costa Rica. While no changes have passed yet for recreational use, the landscape could evolve. If you’re reading this much later than 2025 or planning a future trip, it’s smart to check the current laws (for example, via official government sites or reputable news outlets). What’s illegal today might become regulated tomorrow – or vice versa. Staying informed will help you avoid unwittingly breaking the law.

Regional Differences in Attitudes

Legally, cannabis laws are uniform nationwide in Costa Rica – the same national law applies whether you’re in San José, the Pacific coast, or the mountain towns. There are no provinces or cities with special cannabis ordinances (unlike some countries where local jurisdictions differ). However, enforcement and local attitudes can vary by region. Urban areas and popular tourist destinations tend to have a more relaxed atmosphere towards casual cannabis use, simply because it’s encountered more often. For example, on the Caribbean coast (which has Afro-Caribbean cultural influences), using ganja has a long tradition and you might find the community relatively tolerant. In these areas, police might be more accustomed to tourists and locals smelling of weed and as long as there’s no disorderly conduct, they often let it be.

Conversely, in more conservative or rural parts of the country where cannabis use is less common, people (and police) might react less kindly if they do encounter it. A small town with a strong family-values ethos might not look the other way if someone lights up. Always be respectful of the local norms. If you’re in a place where nobody seems to be using cannabis openly, that’s a clue that you definitely shouldn’t either.

One difference to note in the Central America region: Costa Rica’s approach is somewhat more tolerant than some of its neighbors. For instance, Costa Rica and Belize are known for effectively decriminalizing small-scale personal marijuana use (no jail for a few grams), whereas other countries in the region like Nicaragua or El Salvador maintain a zero-tolerance stance. Panama and Guatemala have strict anti-drug laws (despite Panama also legalizing medical cannabis recently). This regional context doesn’t change the law on the ground, but it explains why Costa Rica is sometimes perceived as “weed-friendly” – relatively speaking, it is, but it’s not Amsterdam or Canada. Always remember that tolerance exists by practice, not by an actual legal right.

Bottom Line

Marijuana is not outright legal in Costa Rica. The country maintains an official ban on recreational cannabis use, and there are no legal outlets for purchasing it. However, small-scale personal use is unofficially tolerated in private settings – if you’re discreet with a tiny amount, you’re unlikely to face serious consequences. In contrast, buying, selling, or carrying larger quantities is very much illegal and can get you arrested. Since March 2022, Costa Rica has embraced medical cannabis (and hemp) under regulated conditions, but even medical users must follow strict rules and cannot use it publicly.

For tourists and visitors: exercise caution and abide by local laws. Don’t assume you can smoke freely just because enforcement seems lax – you are taking a risk if you do. Enjoy Costa Rica’s Pura Vida lifestyle, but do so responsibly. If you choose to use cannabis, keep it low-key, in private, and in small amounts. And if you prefer to stay completely within the law, stick to legal alternatives (like a cold Imperial beer, perhaps) and the natural highs of Costa Rica’s beautiful beaches and rainforests. By understanding the current rules and respecting them, you can avoid issues and have a worry-free visit.