In an opinion piece for Microjuris, attorney Gabriel Antonio Sifre Ortega, MPA, of Earthleaf Medical LLC, examines federal changes to medical cannabis regulation and argues Puerto Rico must harmonize its local regulatory framework and guide operators on state and federal compliance requirements. He notes medical cannabis is now economically significant for Puerto Rico, being cultivated, processed and manufactured locally, generating government revenue through dispensary sales, licensing fees and compliance penalties, and sustaining thousands of jobs, while remaining one of the most heavily regulated industries yet legally marginalized.
He recalls that federal policy prompted Puerto Rico to adopt Law No. 42-2017 (the MEDICINAL Law), authorizing and regulating medical cannabis use, cultivation, manufacture and dispensing on the island. He states that on April 28, 2026, the federal government published Rule No. 6754-2026 in the Federal Register, reclassifying FDA-approved cannabis products regulated under state medical programs from Schedule I to Schedule III controlled substances, marking the first formal federal recognition of medical cannabis use.
The rule also created an expedited DEA registration mechanism under 21 C.F.R. § 1301.13(k)(7), letting those who apply within 60 days keep operating under their state license while the application is pending.