Is Caffeine legal in Costa Rica?
- Legal status
- Not handled through the drug control model. Article 1 of Ley 7786, as integrally reformed by Ley 8204, fixes the scope by reference to the substances included in the 1961 and 1971 Conventions and the 1988 Convention, and the Ministerio de Salud reproduces those listas in Spanish in its national fiscalizacion list and adds a short Otros agregados section of national additions. No entry for caffeine appears in any of the three sections of the national list and caffeine is in neither Convention schedule, while article 1 expressly preserves the separate operation of the Ley general de salud, N 5395, so food law is where this row sits. [Certain] for the absence as at 10 September 2026, which does not rule out a later list.
- Consequences if caught
- Capital exposure: none. Article 21 of the Constitution provides "La vida humana es inviolable", the human life is inviolable, and the word "muerte" appears zero times across the 81 pages of the consolidated Act. Both of those were measured in this pass and together they are what carries the heading. Costa Rica is an abolitionist state of long standing, [Likely] on the nineteenth century date, which was not re-derived here. Costa Rica publishes penalties for drug trafficking in articles 58 and 77 of Ley 7786, eight to fifteen years and eight to twenty years on an enumerated aggravation. Those are the country's penalties for the substances the Act covers and they are not this row's exposure, because caffeine is not one of them. The second paragraph of article 58 reaches possession only "para cualquiera de los fines expresados", that is possession for one of those trafficking purposes. Ley 7786 creates no offence of consumption and no offence of simple possession for personal use. Article 79 answers a person consuming in a public place with voluntary and free treatment in a public or private health centre, not with a penalty.
- If prescribed or medical
- Caffeine is regulated as an ordinary product rather than through the psychotropic prescription form, and age, licensing and advertising rules apply instead of the controls in Ley 7786.
- Documentation
- Consolidation read: Ley 7786 of 30 April 1998 as integrally reformed by Ley 8204, in the Texto Completo Norma 8204 print published by the Instituto Costarricense sobre Drogas, which carries its own generation date of 19 November 2018. The same ranges, ocho a quince anos in article 58 and de ocho a veinte anos in article 77, were independently read on 18 September 2026 against the later Sinalevi record of Ley 7786, version 13 of 13, so the 2018 print is corroborated rather than assumed current. Control model, re derived from the statute in this pass. Costa Rica prints no annex of controlled substances in its drug Act: across the 81 pages the only drug names anywhere are in article 96, on the disposal of seized marihuana, cocaina and heroina. Article 1 regulates "estupefacientes, psicotropicos, sustancias inhalables y demas drogas y farmacos susceptibles de producir dependencias fisicas o psiquicas, incluidos en la Convencion Unica sobre Estupefacientes... de 1961... asi como en el Convenio de Viena sobre Sustancias Psicotropicas, de 21 de febrero de 1971... asimismo, en la Convencion... de 1988". Its second paragraph is a different thing and is often misread as the control annex: it has the Ministerio de Salud and the MAG draw up and publish in La Gaceta "las listas de estupefacientes, psicotropicos y similares Licitos", the licit ones, which is the authorisation side. The incorporation is ambulatory: article 36 defines precursors as Cuadro I of the 1988 Convention "y sus anexos, asi como los que se le incorporen en el futuro", and article 100 gives the Instituto Costarricense sobre Drogas a mandate framed by the conventions and by "los listados oficiales, publicados periodicamente en La Gaceta". The second limb, measured. The national list is the Lista de sustancias sometidas a fiscalizacion nacional, incluidos los medicamentos psicotropicos y estupefacientes, Direccion de Drogas y Estupefacientes of the Ministerio de Salud, updated 10 September 2026 and signed that day by Dra. Mariela Alfaro Segura. It runs to 27 pages in three sections, estupefacientes, psicotropicos and Otros agregados, and it names its own legal basis as the Reglamento para el control de drogas, estupefacientes y psicotropicas N. 45161-S, the instrument cited elsewhere as Decreto 45161-S of 17 June 2025. The two titles are the same text. A reading of 18 September 2026 records that the decree gives the competent body the function "Elaborar y actualizar la lista de sustancias oficialmente consideradas estupefacientes o psicotropicos y similares de uso regulado" and that its five annexes are forms rather than a substance schedule; that quotation is carried from that reading and was not re derived here. The whole of Otros agregados is twelve entries: metilfenidato, tapentadol and the synthetic cannabinoid JWH-073 among the estupefacientes, and ketamina, esketamina, mexazolam, zaleplon, zopiclona and the piperazines mCPP, CPP, TFMPP and 1,4 dibencilpiperazina among the psicotropicos. Amending Act in force between that list and this reading, read in the official gazette in this pass. Ley 10961 of 9 June 2026, published in Alcance 78 to La Gaceta 113 of 19 June 2026, provides "Rige tres meses a partir de su publicacion" and so took effect on 19 September 2026. It runs to four articles: it adds article 15 quater to Ley 7786 on the anti-money-laundering duties of virtual asset service providers, carries that cross reference into articles 16, 16 bis, 25, 33, 33 bis, 86 and 123, reforms the article 81 administrative fines, and allows three months for regulations. Every Ley 7786 article it touches is money laundering machinery, and it leaves articles 1, 2, 36, 58, 73, 74, 77, 77 bis and 79 untouched, so it moves no row in this batch. Method note. The 2026-09-20 Costa Rica dossier was used only as the slug list and as one of the two term list sources. Its outcome column, its instrument column and its quotation column were not treated as evidence and no placement in this batch rests on them; every placement is the entry read in the list the statute incorporates. Two of its readings were not adopted: it treated ergometrina and ergina as one row when they are separate substances on separate limbs, and it left dextrometorfano unresolved when the instrument excludes it in terms. Sibling name traps were checked rather than assumed. Anchored matching correctly did not return bencilmorfina, desomorfina, dihidromorfina, metildihidromorfina, mirofina or diacetilmorfina for the morfina row, isometadona, normetadona or the metadona intermediario for the metadona row, metcatinona or 4-metiletcatinona for the catinona row, MMDA or N-etil MDA for the MDA row, beta-ceto-MDMA for the MDMA row, levometanfetamina for the metanfetamina row, PCPY for the PCP row, brolanfetamina for the anfetamina row, or norpseudoefedrina for the efedrina row. Two extraction zeroes were false and were recovered by re interrogation: hexahidrocannabinol and 2-fluorodescloroketamina are both line wrapped in the source and a column based read missed both. Routes run for the instrument in this pass. pgrweb.go.cr/scij is a JavaScript shell: the Ley 8204 and Ley 7786 records and the sinalevi.go.cr record each returned about 25 KB that renders to 1,159 characters of site chrome and no statutory text, so a size threshold would have cleared all three. imprentanacional.go.cr served the official gazette carrying Ley 10961. The institutional reproduction at icd.go.cr served the consolidated Act, and ministeriodesalud.go.cr served the national list and the circulars. The schedule pages were checked for hidden content: the list PDF holds one image object repeated on all 27 pages, which is the ministry letterhead, and its byte size is accounted for by that banner, so no entry is carried in an image. Search run for this row: caffeine returned no entry across the estupefacientes, psicotropicos and Otros agregados sections of the national list as at 10 September 2026, and none in the Green List or the Yellow List. A later list than the one read does not rule out a change. Carry any prescription and its dispensing label, and treat the position as open rather than settled. Sourcing, re derived in this pass and not carried: the two Junta de Vigilancia de Drogas urls cited by this row are DIRECTORIES and not documents. The listing page names the national fiscalisation list but does not carry it; the list is a separate PDF behind a numbered link, and that PDF is what the placement in this row actually rests on. Both documents are now fetched and cited by their own urls: "Lista de sustancias sometidas a fiscalizacion nacional, incluidos los medicamentos psicotropicos y estupefacientes", and "Lista de Estupefacientes y Sustancias Psicotropicas Sometidas a Fiscalizacion Nacional". The first carries the Otros agregados section this row's reasoning refers to [Certain, read from the fetched PDF]. The circulars page cited alongside them exposes no document at all.
- Ley 7786 of 30 April 1998 as integrally reformed by Ley 8204, arts 1, 2, 36, 58, 73, 74, 77, 77 bis, 79, 96 and 100
- icd.go.cr
- Ley 10961 of 9 June 2026, Alcance 78 a La Gaceta 113 of 19 June 2026, in force 19 September 2026
- imprentanacional.go.cr
- Lista de sustancias sometidas a fiscalizacion nacional, incluidos los medicamentos psicotropicos y estupefacientes, Ministerio de Salud, updated 10 September 2026, made under Reglamento 45161-S
- ministeriodesalud.go.cr
- Circular JVD-002-2015 of 14 December 2015, Junta de Vigilancia de Drogas Estupefacientes
- ministeriodesalud.go.cr
- Constitucion Politica de Costa Rica art 21
- constituteproject.org
- Incb Green List, 36th edition, 2025
- incb.org
- Incb Yellow List, 65th edition, July 2026
- incb.org
- Incb Red List, 23rd edition, July 2025
- swissmedic.ch
- read as at 2026-09-21
- ministeriodesalud.go.cr
- ministeriodesalud.go.cr
Court records
We have not yet assessed whether court records are publicly available for this jurisdiction.
Other substances confirmed in Costa Rica
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