Is Marijuana Legal in Bolivia?
Marijuana and its derivatives are illegal for recreational and medical use in the Andean nation of Bolivia. Individuals found cultivating, selling, or distributing marijuana may face penalties such as fines or imprisonment.
The Latin American country also sometimes requires individuals found with small quantities of cannabis for personal use to undergo rehabilitation, though this doesn’t often happen in practice.
Marijuana Laws in Bolivia
Bolivia’s anti-drug law, Law 1008, was passed in 1988. Law 1008 focuses mainly on coca (the leaf from which cocaine is derived) but also outlines regulations and sanctions related to other controlled substances, such as cannabis.
Law 1008 stipulates that those who manufacture controlled substances will be punished with imprisonment for five to 15 years and may also receive a fine. The trafficking of controlled substances carries even higher penalties, with 10 to 25 years in prison and a fine. Trafficking large volumes of controlled substances carries even harsher penalties.
Law 1008 was influenced by anti-narcotics strategies taken from the United States, but critics point out that the law’s implementation resulted in human rights abuses and arbitrary arrests. Individuals charged with drug offenses, even minor crimes, were often imprisoned without the possibility of pretrial release. Reaching a trial sometimes took years, with prisoners in overcrowded prisons awaiting a court date.
In 2017, Law 1008 was updated with the passage of Law 913, or Bolivia’s Controlled Substances Law. This update re-establishes Bolivian sovereignty in determining its drug law, rejects the influence of the American DEA, asserts respect for human rights, and replaces mandatory treatment of drug users with a focus on public health instead.
Law 913 does not outline any changes to cannabis-related sentences or sanctions. However, these will be determined when Bolivia finalizes its new penal code.
What to Know About About Cannabis in Bolivia
Bolivia is currently focused on re-asserting its national sovereignty with respect to its controlled substances law. While cannabis use for any purpose remains illegal, recent events suggest attitudes to cannabis are shifting.
Bolivia Is Revising Its Once Punitive Stance on Controlled Substances
Many commentators acknowledge that the reality of how Law 1008 was implemented dramatically differed from how it was enshrined in law. A shortage of public rehabilitation infrastructure saw very few individuals charged with personal possession subjected to rehabilitation treatment.
Drug control officers often complained that it was challenging to distinguish between personal use crimes and drug dealers without specific quantities outlined. Anecdotal reports also suggest that cannabis continues to be cultivated illicitly throughout Bolivia and that authorities often turn a blind eye to weed held or used in small quantities.
Law 913 rejects a draconian approach to cannabis and outlines a policy approach focused on human rights, education, prevention, public health, and social issues.
Cannabis Is Used Illicitly in Bolivia
Several years ago, Bolivian Congresswoman Brigida Quiroga supported establishing a medical cannabis program. According to Quiroga, Bolivians are already using medicinal cannabis in secret. Quiroga acknowledges that people in regions like Cochabamba, La Paz, and Santa Cruz use cannabis oil imported from Chile to treat illnesses.
Anecdotal reports suggest that recreational cannabis is also available in Bolivia, although it is illicit and often sourced from nearby South American nations.
Can You Grow Cannabis in Bolivia?
It’s illegal to cultivate cannabis in Bolivia.
According to Law 1008, individuals who sow, harvest, cultivate or gather controlled substances (including cannabis) may receive a fine or be imprisoned for one to two years, with longer sentences for repeat offenders. However, these sanctions may be updated when Bolivia revises its penal code.
What’s more, cannabis is suited to growing in temperate climates. Parts of Bolivia are located at high elevations with freezing temperatures at night.
When the ground becomes too cold, the plant has trouble extracting water and nutrients from the soil. Bolivia is better known for its cultivation of coca leaves than cannabis.
The Bottom Line
Cannabis is illegal in Bolivia for personal or medical use. Until recently, Bolivia adhered to a strict stance on cannabis and other controlled substances that were draconian and punitive.
A recent policy change has seen the Andean country embrace a position more focused on public health and well-being than punishing or rehabilitating recreational users. However, the sanctions associated with this new policy are yet to be decided.
Frequently Asked Questions
In which South American countries is marijuana legal?
Recreational marijuana has been legalized in the South American nation of Uruguay. In Central America, Mexico has also legalized recreational marijuana. Chile, Argentina, Brazil, Colombia, Ecuador, and Paraguay have decriminalized small amounts of cannabis, though it remains illegal.
Concerning medical marijuana legalization, the following Latin American countries allow cannabis for medicinal use: Brazil, Panama, Puerto Rico, Costa Rica, Colombia, Argentina, Chile, Ecuador, Paraguay, and Peru.
Is hemp legal in Bolivia?
Bolivia’s narcotics law mentions controlled substances and does not presently differentiate between hemp and cannabis products. CBD products are prohibited in Bolivia, although some may be sold on the black market.