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This guide explains how cannabis law applies to people living in or visiting San Gil - a municipality in the department of Santander, Colombia. Cannabis regulation in Colombia operates mainly at the national level, but enforcement and certain administrative matters occur locally. National reforms over the past decade have created legal pathways for medical and scientific uses, and Constitutional Court decisions have recognized limited rights for personal consumption in private. At the same time, commercial production, processing and sale require permits and regulatory compliance. Local authorities in San Gil enforce public-order rules and municipal ordinances that affect possession, cultivation and public consumption.
Cannabis matters can involve criminal, administrative, regulatory and civil-law issues. A lawyer can help if you face any of the following situations:
- Criminal charges for possession, trafficking or cultivation - to assess defenses, negotiate outcomes and represent you in court.
- Administrative seizures - to challenge seizures of plants, harvests or products and seek return or compensation.
- Starting a cannabis business - to obtain licenses, prepare corporate documents, draft contracts and ensure regulatory compliance with health and agricultural rules.
- Medical access - to secure a legal prescription or administrative authorization for therapeutic cannabis, or to challenge a denial.
- Employment or housing disputes - where workplace drug tests, disciplinary measures or tenancy issues arise because of cannabis use.
- Record clearing - to explore options for overturning convictions or removing records affected by legal changes.
- Police interactions - to defend rights during stops, searches and seizures, and to advise on immediate steps after an incident.
Key points to understand about how cannabis is treated in San Gil and Colombia generally:
- National framework - Medical and scientific uses of cannabis are regulated by national legislation and decrees. Law 1787 of 2016 created legal possibilities for therapeutic cannabis, and government regulations lay out licensing and control rules for production, manufacture and distribution.
- Personal use - Constitutional Court decisions have recognized protections for private consumption and permitted limited self-cultivation for personal use in specific circumstances. Practical treatment of possession may vary - police and prosecutors retain discretion, especially when quantities or context suggest distribution or public disturbance.
- Commercial activity - Selling cannabis for recreational use remains illegal. Legal commercial activities - such as cultivation for medical use, industrial hemp and manufacture of approved products - require licenses from national authorities and health approval for products intended for therapeutic use.
- Health regulation - INVIMA and the Ministry of Health regulate medicinal and health-related cannabis products. Products intended to be marketed as medications or therapeutic goods generally require registration or authorization.
- Agricultural and plant health rules - institutions such as the Corporacion Colombiana de Investigacion Agropecuaria and agricultural authorities may require registrations or compliance for cultivation, even for hemp varieties.
- Local enforcement - San Gil municipal authorities and the National Police can apply municipal ordinances and public-order rules - for example banning consumption in public spaces or imposing fines for public nuisance related to drugs.
Recreational sale and distribution of cannabis remain illegal at the national level. Some Constitutional Court decisions protect private personal consumption in specific circumstances, but public use and unlicensed commercial activity can lead to police action or administrative sanctions. Recreational activities that affect public order or indicate trafficking are enforceable offenses.
Some rulings have allowed limited self-cultivation for personal use under narrow conditions. However, cultivation remains a legally sensitive area - quantity, visibility to the public and evidence of commercialization can trigger criminal or administrative charges. If you consider cultivation, consult a lawyer first to understand current legal interpretation and local enforcement practices.
Medical cannabis is legal under national rules. Access typically requires a medical prescription or authorization from a qualified health professional and compliance with regulatory requirements for the product. Products intended for therapeutic use may need INVIMA authorization. A lawyer or health-law specialist can help you navigate administrative requirements and obtain the necessary documentation.
If police stop you, remain calm and cooperate. You have the right to know the reason for the stop and to request evidence of any alleged offense. You may also request legal representation. If police seize cannabis or make an arrest, document the interaction - names, badge numbers and a record of the events - and contact a lawyer promptly to protect your rights and prepare a defense.
Large quantities, packaging that suggests distribution, evidence of sales or possession with significant sums of money can lead to trafficking or manufacturing charges. Whether charges are filed depends on facts and prosecutorial discretion. A lawyer can evaluate the circumstances, challenge the evidence and advise on defenses or plea options.
CBD products fall into different legal categories depending on composition and intended use. Products with therapeutic claims may require regulation or approval. Over-the-counter CBD products without controlled cannabinoids may be treated differently, but local enforcement and health authorities may still inspect and regulate sale and labeling. Check product status with a specialist before selling or using them for medical purposes.
Legal cannabis businesses require multiple permits and registrations - including cultivation licenses, manufacturing authorizations and health registrations for therapeutic products. Requirements vary by activity - cultivation, processing, dispensing or export. National authorities issue most permits, and compliance with environmental, agricultural and health rules is typically mandatory. A lawyer with regulatory experience can map required permits and guide applications.
Legal changes and court decisions have created avenues to challenge past convictions in some cases, especially where conduct is now treated differently by the courts. Remedies depend on the specific facts and the conviction record. A lawyer can review your case, identify procedural options and file motions or appeals when appropriate.
Employers may have policies prohibiting workplace consumption and subject employees to drug testing. Employment law, workplace safety obligations and anti-discrimination rules all interact. If you face discipline or termination related to cannabis use - medicinal or otherwise - seek legal advice to evaluate contractual protections, disability accommodations for medical use and possible remedies.
Do not resist. Ask for the reason, ask the officers to identify themselves and request a written record of the seizure. Take photos and note witnesses if possible. Do not delete evidence or make admissions. Contact a lawyer as soon as you can to review the legality of the search and to challenge any unlawful seizure or detention.
Useful authorities and organizations to consult when you need reliable information or to start administrative procedures:
- Ministerio de Justicia y del Derecho - for national legal frameworks and programs.
- Ministerio de Salud y Proteccion Social - for medical and public-health regulations.
- Instituto Nacional de Vigilancia de Medicamentos y Alimentos - INVIMA - for authorizations related to therapeutic products.
- Policia Nacional - Direccion de Antinarcoticos - enforcement and seizure procedures.
- Fiscalía General de la Nación - for criminal case information and prosecution processes.
- Superintendencia de Industria y Comercio - for trademarks, consumer protection and certain commercial matters.
- Alcaldia de San Gil - Secretaria de Gobierno - for local ordinances, permits and public-order rules.
- Colegio de Abogados de Santander or local bar associations - to find accredited lawyers who specialize in criminal, administrative and regulatory law.
- Patient groups, academic centers and NGOs that work on drug policy or medical cannabis - for community support and practical guidance.
If you need legal assistance in San Gil for a cannabis-related matter, follow these practical steps:
- Gather documents - identification, medical records, receipts, photos, police reports or any administrative papers related to your situation.
- Take notes - write a factual timeline of events, list witnesses and preserve physical evidence when safe to do so.
- Seek an initial consultation - contact a lawyer experienced in cannabis, criminal or administrative law. Ask about experience, fees, likely timelines and case strategy. Request a written engagement letter before work begins.
- Ask targeted questions during the consultation - what legal risks you face, immediate actions to protect your rights, potential defenses, licensing pathways if you plan to start a business and probable costs.
- Consider urgent filings - your lawyer may advise immediate steps such as motions to return seized property, habeas corpus or complaints to oversight agencies if rights were violated.
- Plan compliance for businesses - if you aim to operate legally, create a compliance checklist with licensing, health approvals, environmental permits and business registration before starting activities.
- Stay informed - laws and regulations can change. Maintain communication with your lawyer and monitor guidance from national authorities and the San Gil municipal government.
If you are unsure where to start, contacting the local bar association or a legal clinic can connect you with qualified counsel. Early legal advice often improves outcomes - whether you need defense, administrative relief or help launching a compliant enterprise.
