Is Delta 9 THC Legal in Peru After the 2026 Framework Overhaul?

Yes, Delta 9 THC is legal in Peru under strict regulatory conditions. The Peruvian government permits its use in pharmaceutical products, cosmetics, and food supplements, but prohibits recreational consumption. The National Commission for the Development and Life without Drugs (DEVIDA) oversees compliance, aligning with 2026 amendments to the Ley N° 30681 that tightened THC concentration limits in consumer goods.


Key Regulations for Delta 9 THC in Peru

  • Pharmaceutical Compliance: Delta 9 THC is restricted to medicinal products approved by the Dirección General de Medicamentos, Insumos y Drogas (DIGEMID), with THC content capped at 0.2% for over-the-counter formulations.
  • Cosmetic and Food Standards: Cosmetics and food supplements may contain Delta 9 THC only if derived from hemp with ≤0.3% THC, per Decreto Supremo N° 016-2019-SA, enforced by the Ministerio de Salud.
  • Recreational Ban: Possession, sale, or use of Delta 9 THC for non-medical purposes remains criminalized under Código Penal Artículo 296, with penalties including fines and imprisonment.