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Legality · 2C-E

Is 2C-E legal in Peru?

Confirmed against a primary sourceVerified October 3, 2026
Legal status
This substance is carried by Peru's controlling schedule through the list of nuevas sustancias psicoactivas approved by Resolucion Ministerial 0804-2026-IN, rather than by Anexo N. 2. The annex prints it at item 47 as "2C-E", with the chemical name 4-etil-2,5-dimetoxifeniletilamina. Article 14.3 of Decreto Legislativo 1241, as replaced by article 2 of Decreto Legislativo 1592 published on 14 December 2023, provides that "La lista de Nuevas Sustancias Psicoactivas se aprueba mediante Resolución Ministerial del Ministerio del Interior" and that "Las actividades ilegales relacionadas con las citadas sustancias, se encuentran sancionadas". Resolucion Ministerial 0804-2026-IN of 17 June 2026, published in El Peruano on 18 June 2026, approves the "Lista de Nuevas Sustancias Psicoactivas (NSP)" as its annex, which runs to 736 numbered items followed by three named groups: alkyl nitrites, the genera of hallucinogenic mushrooms, and three plant species. Section I of the annex provides that the list "incluye sus análogos, sales, isómeros, ésteres, éteres, precursores, mezclas entre ellas o con otro tipo de sustancias, incluyendo los compuestos derivados", and it calls its detailed list its own Anexo 2; that is not Anexo N. 2 of the Reglamento, which is what Anexo N. 2 means everywhere in this cell. Anexo N. 2 of the Reglamento approved by Decreto Supremo 023-2001-SA runs to 244 numbered entries across Listas I A, I B, II A, II B, III A, III B, III C, IV A, IV B, V and VI and carries no entry for this substance: the search was run over Anexo N. 2 under 2C-E, 2-CE and 4-etil-2,5-dimetoxifenetilamina. The convention limb, under article 2 of the Reglamento and article 14.1 of Decreto Legislativo 1241, was run again in this run and does not reach it: the substance is named in neither the 1971 Convention schedules, read in the INCB Green List 36th edition of 2025, nor the 1961 Convention schedules, read in the INCB Yellow List 65th edition of July 2026, both searched with line breaks and hyphens collapsed so that a name split across two lines is still found. Article 2 of the Reglamento approved by Decreto Supremo 023-2001-SA, read in this run, comprises the substances in the Listas of Decreto Ley 22095, the "Listas conexas de Convenios Internacionales sobre la materia incorporados al derecho interno", and the substances that may be included under article 86 of that Decreto Ley and article 61 of the Ley General de Salud, and says that "Los listados correspondientes aparecen en el Anexo N° 2". The Anexo N. 2 listing read is the Catalogo de Sustancias Controladas published by the Direccion General de Medicamentos, Insumos y Drogas and marked NOVIEMBRE_2024_V1. DIGEMID refused this run's direct requests with a 403, so it was read in the Wayback Machine capture of 9 March 2026, whose sha256 matches the copy the previous cell was settled against on 21 September 2026. Article 86 of Decreto Ley 22095 and the closing provisions of that Decreto Ley let the annexed lists be altered by Resolucion Suprema, and article 14.3 of Decreto Legislativo 1241 says the list of nuevas sustancias psicoactivas is updated by the same procedure that approved it, so reading both lists as at 3 October 2026 does not rule out a later list.
Consequences if caught
Capital exposure: none. This is not a flat abolition. Article 140 of the 1993 Constitution, read in the official text in this run, provides that "La pena de muerte sólo puede aplicarse por el delito de traición a la patria en caso de guerra, y el de terrorismo, conforme a las leyes y a los tratados de los que el Perú es parte obligada". The penalty therefore exists in Peruvian constitutional law and reaches two offences, neither of which is a drug offence. Read against the articles themselves, every offence among Codigo Penal articles 296 to 302 states pena privativa de libertad with a numeric range, article 299 declares a possession not punishable and sets no penalty, article 303 provides expulsion, article 296-D is derogated, and none of them states death. The offence that reaches this row is article 296 of the Codigo Penal in the wording given it by article 3 of Decreto Legislativo 1592, published on 14 December 2023, which names "drogas tóxicas, sean estupefacientes, sustancias psicotrópicas o nuevas sustancias psicoactivas", so a substance on the list of nuevas sustancias psicoactivas is inside the trafficking offence by the article's own words. Article 296 first paragraph sets 8 to 15 years, 180 to 365 dias-multa and disqualification for promoting, favouring or facilitating illegal consumption by acts of manufacture or trafficking; its second paragraph sets 6 to 12 years and 120 to 180 dias-multa for possession "para usos ilegales", the words Decreto Legislativo 1592 put in place of the earlier "para su tráfico ilícito", so the possession limb no longer turns on proof of an intent to traffic; its third paragraph sets 5 to 10 years for supplying raw materials or chemical substances, controlled or not, destined for the illegal elaboration of those drugs; and its fourth paragraph sets 5 to 10 years for a conspiracy of two or more persons. Article 297 raises the range to 15 to 25 years for its listed aggravations, among them commission by three or more persons or inside a criminal organisation, sale to minors, and commission in or near a school, health centre, sports venue or place of detention. The ceiling that does run is 25 to 35 years under article 297, which reaches the agent who acts as jefe, dirigente o cabecilla of an organisation dedicated to illicit drug trafficking or to the inputs for its elaboration, applies the same range where a person uses illicit drug trafficking to finance terrorist activity, and, in the final paragraph Ley 32250 added on 19 January 2025, applies it again where drug trafficking activity violates or seeks to violate the life, physical or mental integrity, liberty or property of one or more persons. Article 297 numeral 7, as reworded by Ley 32250, sets the quantity aggravation at 20 kg of pasta basica de cocaina, 10 kg of clorhidrato de cocaina, 5 kg of latex de opio or 500 g of its derivatives, 100 kg of marihuana or 2 kg of its derivatives, 15 g of extasis, or three milligrams of fentanilo or its analogues. Article 298, retitled by Decreto Legislativo 1592 as the formas atenuadas and reworded again by Ley 32250, sets 3 to 7 years where the toxic drug elaborated, manufactured, prepared, traded, handed to others or possessed para usos ilegales does not exceed 50 g of pasta basica de cocaina, 25 g of clorhidrato de cocaina, 5 g of latex de opio or 1 g of its derivatives, 100 g of marihuana or 10 g of its derivatives, 2 g of extasis, or up to one milligram of fentanilo, rising to 6 to 10 years where the conduct also answers aggravations 2, 3, 4, 5 or 6 of article 297. Article 299, in the wording given it by Decreto Legislativo 1592, makes possession of a toxic drug destined for the holder's own and immediate consumption not punishable in a quantity not exceeding five grams of pasta basica de cocaina, two grams of clorhidrato de cocaina, eight grams of marihuana or two grams of its derivatives, one gram of latex de opio or two hundred milligrams of its derivatives, or two hundred and fifty milligrams of extasis, and its second paragraph excludes from that protection the possession of two or more kinds of toxic drugs, "sean estupefacientes, sustancias psicotrópicas o nuevas sustancias psicoactivas". None of articles 297, 298 and 299 names this substance. Each of them prints its éxtasis figure for éxtasis containing MDA, MDMA, metanfetamina "o sustancias análogas", and whether a court would treat this substance as such an analogue is not settled by anything read in this run; if it did, the 2 g attenuated band of article 298, the 250 milligram non punishable figure of article 299 and the 15 g aggravation of article 297 would be the figures in play. Otherwise the three articles have no stated quantity to offer this row, and holding it together with any other drug is outside the article 299 protection in any case. The lineage of these articles, kept so that nothing sourced is lost: Ley 28002 of 17 June 2003 derogated article 296-D; Decreto Legislativo 982 of 22 July 2007 replaced articles 296, 296-A, 297, 298 and 299; Decreto Legislativo 1237 of 26 September 2015 replaced articles 296, 296-B and 297, the wording of 296 and 297 the previous cell quoted as current; Decreto Legislativo 1592 of 14 December 2023 replaced articles 296, 298 and 299; and Ley 32250 of 19 January 2025 replaced article 297 numeral 7, added its final paragraph and replaced article 298 numeral 1. The last two are the current text read in this run. Articles 297 numerals 1 to 6 and 300 to 303 were read in the Congreso compendio. Article 303, as replaced by the second complementary modifying provision of Ley 30219 of 8 July 2014, provides that a foreign national who has served the custodial sentence imposed, or who is granted a penitentiary benefit, is expelled from the country and barred from returning. Article 15 letter d of Decreto Legislativo 1241, read in the consolidated text in this run, lets the Policia Nacional detain a person caught in flagrante for up to fifteen calendar days. Carried from the previous cell and not re-derived in this run: about 60 per cent of drug detentions in Peru are for use or possession, and police frequently treat a possessor as a trafficker. Article 89 numeral 13 of Decreto Ley 22095, defining droga, closes by providing that "para los efectos de la represión penal, se considera únicamente las listas I y II A". This substance is in neither of those lists, so that 1978 definition does not carry it, and the offence set out above does not depend on it: article 296 as worded in 2023 names nuevas sustancias psicoactivas itself, and article 14.3 of Decreto Legislativo 1241 declares the illegal activities connected with the listed substances sanctioned. How a court reconciles the 1978 definition with the 2023 wording is not settled by anything read in this run.
If prescribed or medical
The country level rule in Peru is that the Reglamento approved by Decreto Supremo 023-2001-SA governs prescription and dispensing by the list a substance sits in: article 23 requires the special numbered prescription forms distributed by the Ministerio de Salud for Listas II A, III A, III B and III C, and article 27 allows an ordinary medical prescription for Listas II B, IV A, IV B and VI, both read in this run; article 300 of the Codigo Penal punishes a health professional who improperly prescribes, administers or dispenses a medicine containing a toxic drug with 2 to 5 years and disqualification. Attached to this substance: it has no Anexo N. 2 placement, so the Reglamento gives no list from which the form of the receta could be read, and the list approved by Resolucion Ministerial 0804-2026-IN is a criminal law list issued by the Ministerio del Interior that provides no prescribing or carriage route of its own. Whether any product containing it holds a sanitary registration in Peru is a medicines registration question that was not examined in this run, so no carriage rule is stated for it, and a traveller should treat it as controlled.
Documentation
Provenance: the placement relied on is item 47, "2C-E", of the annex to Resolucion Ministerial 0804-2026-IN. The annex to Resolucion Ministerial 0804-2026-IN was read on 3 October 2026 in the gob.pe publication the resolution's article 2 orders, with every annex entry relied on checked against the page image rather than against extracted text. The offence articles are Codigo Penal article 296 and articles 298 and 299 as worded by Decreto Legislativo 1592, article 297 as reworded by Ley 32250, and articles 297 numerals 1 to 6 and 300 to 303 as read in the Congreso compendio. Personal use possession of a single kind of drug below its article 299 figure is not a crime, while possessing two or more kinds at once is, because the second paragraph of article 299 withdraws the protection, and that paragraph now names nuevas sustancias psicoactivas among the kinds. Carried from the previous cell and not re-derived in this run: medical cannabis is lawful under Ley 30681 of 2017, whose Reglamento was approved by Decreto Supremo 005-2019-SA and is cited in the catalogue's own footnote to the Lista II A cannabis entries, items 12 and 13; hemp is regulated under Ley 32195 of 2024, carried from the previous cell and not re-derived here. The coca leaf has a status of its own, carried from the cell settled on 21 September 2026 and not re-read in this run: no entry among the 244 in Anexo N. 2 is the leaf, the only coca entries being Cocaina at Lista II A item 1 and Lista IV A item 10, and article 89 numeral 6 of Decreto Ley 22095 defines Cocaina as the alkaloids extracted from the leaves of the coca bush or synthesised from ecgonina, while numeral 4 defines the arbusto de coca separately as the plant of the genus erythroxilon. The leaf is therefore outside the drug schedule altogether and sits instead under a state monopoly and cultivation regime: article 31 prohibits cultivation in new areas, article 32 puts all coca varieties under state fiscalisation, and article 41, as replaced by article 1 of Ley 27634 published on 16 January 2002, gives the industrialisation and commercialisation of leaf from registered holdings to the state company ENACO S.A. The previous cell gave article 60 as substituted by article 1 of Decreto Legislativo 122, which is right, but described under it the 1978 text that Decreto Legislativo 122 repealed, as Decreto Ley 22095, read in this run, shows. Article 60 as enacted in 1978 set 2 to 5 years for cultivating coca without registration or beyond the registered extent, for paying for personal services in coca leaf, for an owner, tenant, administrator, guard or person in charge who consents to the distribution or consumption of drugs on premises in their charge, and for selling leaf in unauthorised zones or without an ENACO licence. Article 1 of Decreto Legislativo 122, published on 15 June 1981, repealed that text and put in its place an offence of shielding a person from prosecution or punishment for drug trafficking, 5 to 8 years, or 10 to 15 years where the one who shields is an official charged with the investigation of the offence or the custody of the offender, and the consolidated text refers the reader to Section II, Chapter III of the Codigo Penal approved by Decreto Legislativo 635. The premises offence the previous cell called the one most likely to reach a visitor is therefore the repealed 1978 text and is not stated here as law; permitting drug use on premises is not shown by anything read in this run to be an offence of its own, and article 296 reaches promoting, favouring or facilitating illegal consumption only through acts of manufacture or trafficking. Nothing read in the 21 September 2026 pass makes possession or traditional chewing of the leaf an offence, which is why it is not treated here as one. Carry any controlled medicine in its original labelled packaging with the prescription, and confirm the position with your embassy before travelling.
Primary sources
  • Peru, Resolucion Ministerial 0804-2026-IN of the Ministerio del Interior approving the Lista de Nuevas Sustancias Psicoactivas (NSP), in El Peruano at https://busquedas.elperuano.pe/dispositivo/NL/2526706-1 and on gob.pe at https://www.gob.pe/institucion/mininter/normas-legales/8278257-0804-2026-in, resolution https://cdn.www.gob.pe/uploads/document/file/10174756/8278257-0804-2026-in.pdf and annex https://cdn.www.gob.pe/uploads/document/file/10174757/8278257-anexo-0804-2026-in.pdf
  • Decreto Legislativo 1241 as consolidated by the Congreso, with article 14 as replaced by Decreto Legislativo 1592, at https://www2.congreso.gob.pe/sicr/cendocbib/con6_uibd.nsf/DEEDF5BA81015EF805258AB40052BA3C/$FILE/dec_leg_1241.pdf
  • Decreto Legislativo 1592, article 3 on Codigo Penal articles 296, 298 and 299, at https://busquedas.elperuano.pe/dispositivo/NL/2244234-2
  • Ley 32250 on Codigo Penal articles 297 and 298 at https://busquedas.elperuano.pe/dispositivo/NL/2363369-3
  • Codigo Penal articles 296 to 303 in the Compendio Normativo sobre Trafico Ilicito de Drogas of the Congreso at https://www2.congreso.gob.pe/sicr/cendocbib/con4_uibd.nsf/99D85DBA6D67749605257F540070950B/$FILE/Compendio-Normativo-TID.pdf
  • Decreto Legislativo 982 at https://www2.congreso.gob.pe/sicr/cendocbib/con4_uibd.nsf/448FEBA50C50F63B05257A6E005C3C8C/$FILE/DL_982.pdf
  • Anexo N. 2 of the Reglamento approved by Decreto Supremo 023-2001-SA in the DIGEMID Catalogo de Sustancias Controladas NOVIEMBRE_2024_V1, https://www.digemid.minsa.gob.pe/Archivos/PortalWeb/Informativo/Catalogacion/SUSTANCIA_CONTROLADA_NOVIEMBRE_2024.pdf, read in the capture https://web.archive.org/web/20260309092330/https://www.digemid.minsa.gob.pe/Archivos/PortalWeb/Informativo/Catalogacion/SUSTANCIA_CONTROLADA_NOVIEMBRE_2024.pdf
  • the Reglamento itself on gob.pe at https://www.gob.pe/institucion/minsa/normas-legales/255646-023-2001-sa
  • Decreto Ley 22095 at https://www2.congreso.gob.pe/sicr/cendocbib/con6_uibd.nsf/1AC694FF39FA6B7105258AB40050EAB2/$FILE/decreto_ley_22095.pdf
  • the Constitution, articles 55 and 140, at https://cdn.www.gob.pe/uploads/document/file/198518/Constitucion_Politica_del_Peru_1993.pdf
  • the 1971 Convention schedules in the INCB Green List 36th edition of 2025 at https://www.incb.org/incb/uploads/documents/Psychotropics/forms/greenlist/2026/2510307E.pdf and the 1961 Convention schedules in the INCB Yellow List 65th edition of July 2026 at https://www.incb.org/incb/uploads/documents/Narcotic-Drugs/Yellow_List/65th_Edition/YL_65th_EN_unedited.pdf, with the editions the previous cell read, the Green List 35th edition at https://www.incb.org/documents/Psychotropics/forms/greenlist/2025/2412193E.pdf and the Yellow List 64th edition at https://www.incb.org/documents/Narcotic-Drugs/Yellow_List/64th_edition/YL_64th_E.pdf, fetched as well
  • all fetched on 3 October 2026.

Court records

We have not yet assessed whether court records are publicly available for this jurisdiction.

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