Cannabis law and legislation in Chile

It is permitted to grow, sell and import cannabis for medical use in Chile.

The Agricultural and Livestock Service (state agency in charge of the control of flora and fauna in Chile) must provide an authorisation for any initiative that seeks to plant cannabis.

In relation to medical use, is the Institute of Public Health (state agency in charge of the surveillance, authorisation and supervision of the development of activities in the area of public health) issues the authorisation and sets the conditions of use.

Patients who have a prescription can purchase medical cannabis in authorised places.

For doctors who prescribe cannabis without adequate justification, the sanction is imprisonment in its minimum to medium grades (five years and one day to 15 years) and a fine of approximately USD 2,800 to USD 28,000. For the supplier, the same penalties apply, in addition to the closure or temporary closure of the establishment.

The sale or import of cannabis for recreational purposes is not allowed.

Self-cultivation is however allowed, so that each person can produce cannabis, but it must be exclusively for personal use.

There is no legal authorisation for industrial use. Only cultivation for medicinal use or personal use is regulated.

No reference is made to CBD in the relevant statutes.

There is no specific prohibition on cannabis, but the intellectual property legislation states that patents may not be granted for inventions whose commercial exploitation must necessarily be prevented to protect public order, state security, morality or proper practice, the health or life of persons or animals, or to preserve plants or the environment. However, such exclusions do not arise solely due to a legal or administrative provision that prohibits or regulates such exploitation.

In 2015, the regulations for narcotic drugs and psychotropic substances were modified in order to facilitate access to treatments and medicaments derived from cannabis. The Institute of Public Health proposed adjustments to the current regulations in order to allow the use of cannabis and its derivatives for scientific or medical research purposes and in medical treatments.