Puerto Rico House targets mislabeled cannabis products
Lawmakers seek to restrict the products sold as hemp in unregulated locations.
The Puerto Rico House of Representatives’ Health Committee has begun reviewing legislation aimed at curbing the sale of cannabis-related products falsely labeled as industrial hemp in establishments not authorized to sell them.
House Bill 223, introduced by Health Committee Chairman Gabriel Rodríguez-Aguiló, targets products containing more than 0.3% tetrahydrocannabinol (THC) that are being sold in locations such as gas stations, smoke shops and health food stores. These items are often misleadingly marketed as legal hemp, despite exceeding the legal THC threshold.
“We’re facing the reality of recreational cannabis being sold without legal approval,” Rodríguez-Aguiló said. “It’s being sold in pharmacies, gas stations, bakeries and grocery stores, right under our noses. This is a matter we must address.”
Originally, the bill proposed that Puerto Rico’s Department of Consumer Affairs (DACO, in Spanish) oversee advertising and enforcement. However, DACO officials said the agency lacks the personnel and funding to carry out such duties.
Instead, Marjorie Tolentino, director of the Medical Cannabis Regulatory Board, offered the agency’s support in overseeing compliance with public policy prohibiting recreational cannabis.
Health Secretary Víctor Ramos-Otero reminded lawmakers that while industrial hemp with 0.3% THC or less is federally legal, products exceeding this limit — particularly those with synthetic modifications — are considered illegal in both Puerto Rico and the mainland U.S.
Ramos-Otero emphasized that the Medical Cannabis Regulatory Board already enforces strict regulations under Act 42-2017 and Regulation 9038.
He also noted that the Office for Hemp Licensing and Inspection (OLIC, in Spanish), part of the Agriculture Department, regulates hemp in Puerto Rico. OLIC requires lab testing for THC content and proper documentation for imported hemp-derived products.
Nevertheless, Ramos-Otero acknowledged the widespread nature of mislabeled synthetic products and recommended amending Act 42 to impose a general ban on them.
