Is medical marijuana legal in this jurisdiction?
No, medical or recreational marijuana is strictly prohibited in the Guatemalan jurisdiction.
Important Concepts –DRSA–:
- Indian Hemp: A herb of the Cannabaceae family cultivated for the utility of its fiber, its narcotic and therapeutic properties, or for the oil obtained from its seeds.
- Marijuana:
- Indian Hemp
- A preparation based on one or more parts of the Indian hemp which, when consumed in various ways—especially smoked—exhibits narcotic or therapeutic properties.
Furthermore, in accordance with the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs of 1961, to which Guatemala is a party, it is established that “Cannabis – the tops, whether flowering or fruiting, of the cannabis plant (except the seeds and leaves which are not attached to the tops) from which resin has not been extracted, whatever name may be given to them”; “Cannabis plant – any plant of the genus Cannabis”; “Cannabis resin – the separated, crude or purified resin obtained from the cannabis plant.”
In this regard, pursuant to Article 2 – Definitions – of the Law Against Narcotrafficking (LAN), Decree Number 48-92, “Drugs” are defined as “any substance or pharmacological agent that, when introduced into the body of a living person, alters its physiological functions and transforms states of consciousness; drugs also include seeds, flowering tops, plants or parts thereof and any other substance from which they may be extracted […]”; it also defines “Narcotics and psychotropic substances” as “any natural or synthetic drug, as considered in treaties or international conventions of obligatory observance in the Republic of Guatemala, the Health Code, and other provisions issued to determine drugs whose use is prohibited […]”.
Therefore, the definition of Indian hemp-marijuana is framed within the provisions set forth in Article 2 of the Law Against Narcotrafficking.
Likewise, this law regulates matters relating to sowing and cultivation, categorizing them as criminal activities, and states that “any person who, without legal authorization, sows, cultivates, or harvests seeds, flowering tops, plants or parts thereof, from which drugs that cause physical or psychic dependence may be obtained by natural means or any other method, shall be punished with imprisonment of five to twenty years and a fine of Q.10,000.00 (USD$1,250.00) to Q.100,000.00 (USD12,500.00)” (Art. 36 LAN). Similarly, it penalizes the manufacturing or transformation: “Any person who, without legal authorization, manufactures, fabricates, transforms, extracts or obtains drugs shall be punished with imprisonment of eight to twenty years and a fine of Q.50,000.00 (USD$6,250.00) to Q.1,000,000.00 (Q.125,000.00)” (Art. 37 LAN).
Now, specifically related to medical marijuana—which is understood to be for personal consumption—the law provides two important provisions in this regard:
First, it criminalizes commerce, trafficking, and illicit storage and establishes that “any person who, without legal authorization, acquires, transfers by any title, imports, exports, stores, transports, distributes, supplies, sells, dispenses or engages in any other trafficking activity involving seeds, leaves, plants, flowering tops, or substances or products classified as drugs, narcotics, psychotropics, or precursors, shall be punished with imprisonment of twelve to twenty years and a fine of Q.50,000.00 (USD$6,250.00) to Q.1,000,000.00 (Q.125,000.00); the same penalty shall apply to anyone who provides the means, facilitates, or allows the landing of aircraft used for illicit trafficking.”
Second, it addresses possession for consumption by stating that “any person who, for personal consumption, acquires or possesses any of the drugs referred to in this law, shall be punished with imprisonment of four months to two years and a fine of Q.200.00 (USD$25.00) to Q.10,000.00 (USD$1,250.00). It is understood to be for personal consumption when the seized drug does not exceed the quantity reasonably required for immediate consumption, provided that the other circumstances of the act lead to the conviction that the drug is for personal use.”
Therefore, under the current Guatemalan legal framework, the distribution and consumption of marijuana—including that for medicinal purposes—is prohibited.