Cannabis in Chile

History of Cannabis Law in Chile

Chile has one of the most nuanced cannabis legal landscapes in Latin America. The country has been at the forefront of cannabis reform since at least 2005, when a constitutional challenge to the country's primary drug law — Law 20.000 — began reshaping how courts and legislators approach personal consumption. Enacted in 2005 to replace the older Law 19.366, Law 20.000 drew a distinction between personal use and trafficking for the first time, laying the groundwork for future decriminalization measures.

The pivotal moment came in 2015, when Chile's Constitutional Tribunal issued landmark rulings that effectively decriminalized personal cannabis use and, critically, personal home cultivation. The Tribunal held that prosecuting individuals for cultivating small numbers of plants for strictly private consumption was an unconstitutional infringement on personal autonomy. This judicial interpretation did not create a written law permitting home growing, but it established a strong precedent that lower courts have consistently followed. As a result, Chile became one of the first countries in Latin America where a citizen could argue — and often successfully — that their home cannabis garden was constitutionally protected.

Also in 2015, the Chilean Congress amended Law 20.000 to explicitly distinguish between microtráfico (small-scale trafficking) and personal use possession. Under the reformed framework, possession of amounts consistent with personal use — generally interpreted as up to 10 grams of cannabis flower — is treated as a civil rather than criminal matter. Police retain discretionary authority, and individuals may be required to attend drug awareness programs or pay a fine, but they face no criminal record for small-quantity possession.

Medical Cannabis in Chile

Medical cannabis was legalized in Chile alongside the 2015 reforms. The country passed legislation permitting the cultivation, import, and use of cannabis for therapeutic and scientific purposes. In 2020, Chile significantly expanded its medical cannabis framework, creating clearer regulations for licensed producers, importers, and distributors. The Instituto de Salud Pública (ISP) — Chile’s Institute of Public Health — serves as the primary regulatory authority, overseeing the registration of cannabis-derived medicines, quality standards for cultivation, and the licensing of pharmaceutical products.

Chilean patients with qualifying conditions — including chronic pain, epilepsy, multiple sclerosis, and anxiety disorders — can obtain a prescription from a licensed physician and fill it at an authorized pharmacy. Chile has also authorized a small number of domestic companies to cultivate cannabis for medicinal export, making the country a minor but growing player in the global medical cannabis supply chain. Several Chilean universities have conducted ISP-approved research programs, and the government has publicly stated ambitions to develop a legal cannabis export industry.

CBD-only products with low or no THC content are treated separately from medicinal cannabis regulation and are freely available in pharmacies, health food stores, and wellness boutiques throughout Santiago, Valparaíso, and other major cities. These products require no prescription and are widely used by Chileans for stress, sleep, and general wellness.

Cannabis Social Clubs in Santiago

Santiago has a well-developed, if legally informal, cannabis social club scene. Inspired by the Spanish cannabis club model, Chilean organizations began establishing membership-based clubs in the early 2010s. Members collectively cultivate cannabis, share costs, and consume within the private club environment. The Constitutional Tribunal’s rulings on personal cultivation provided these clubs with a degree of judicial cover, and Chilean prosecutors have generally declined to pursue club operators as long as activities remain private and non-commercial.

There are estimated to be dozens of registered cannabis clubs in Santiago alone, with smaller scenes in Valparaíso, Concepción, and other cities. The clubs are typically member-run cooperatives rather than commercial businesses. They do not advertise publicly, and new members generally gain access through personal referrals. While these clubs operate in a genuine legal grey zone — there is no statute explicitly authorizing them — they have become an accepted feature of Chilean cannabis culture and have hosted public cannabis marches, advocacy events, and policy discussions.

Possession & Penalty Reference