Is Cocaine legal in Guatemala?
- Legal status
- Illegal under the Ley contra la Narcoactividad (Decreto 48-92) — no personal-use carve-out; possession 4 months–2 years (Art 39), trafficking 12–20 years (Art 38); no fixed statutory quantity (judicial discretion); death penalty only where the offence causes death (Art 52), NOT quantity-based
- Consequences if caught
- Cocaine is illegal under Guatemala's Ley contra la Narcoactividad (Decreto 48-92, 1992), with no personal-use carve-out. Guatemala has NOT decriminalized any drug (Ley contra la Narcoactividad, Decreto 48-92): there are no drug-specific quantity thresholds — a judge decides personal use versus trafficking case-by-case ('reasonable quantity for immediate consumption', Art 39), so there is no fixed statutory quantity. Personal-use possession (Art 39) draws 4 months–2 years plus a Q200–10,000 fine; trafficking, commerce or storage (Art 38) draws 12–20 years plus a Q50,000–1,000,000 fine; cultivation or manufacture up to about 20–25 years. The death penalty (Art 52) applies ONLY where a drug offence under this law results in the death of one or more persons (death or 30 years depending on circumstances) — there is NO quantity-based trafficking death penalty.
- If prescribed or medical
- Not a prescribed traveller medicine in this form.
- Documentation
- Guatemala has NOT decriminalized any drug: under the Ley contra la Narcoactividad (Decreto 48-92, 1992) there are no drug-specific quantity thresholds — a judge decides personal use versus trafficking case-by-case ('reasonable quantity for immediate consumption', Art 39). Personal-use possession (Art 39) draws 4 months–2 years in prison plus a Q200–10,000 fine. Trafficking, commerce or storage (Art 38) draws 12–20 years plus a Q50,000–1,000,000 fine, and cultivation or manufacture up to about 20–25 years. Death penalty (Art 52): it applies ONLY where a drug offence under this law results in the death of one or more persons (death or 30 years depending on circumstances) — there is NO quantity-based trafficking death penalty. There is no medical cannabis (a 2016 bill was rejected), and extradition to the US is possible (1940 treaty). No fixed statutory quantity exists for any drug — the personal-versus-trafficking line is judicial discretion. Carry any controlled medicine with its prescription and confirm requirements with your embassy before travel.
- Ley contra la Narcoactividad (Decreto 48-92, 1992), Arts 38/39/52
- sherloc.unodc.org
- oas.org
Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Guatemala’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.
Before you travel
Verify current rules with the destination country’s official drug authority and your own country’s embassy before traveling. Find the destination’s U.S. embassy & official country guidance →
Non-U.S. travelers: check your own government’s travel advisory and embassy.
If you’re detained or arrested abroad
Contact your own country’s embassy or consulate in the destination immediately — not the destination’s authorities. U.S. citizens: contact the nearest U.S. embassy/consulate and the U.S. State Department at +1-202-501-4444 (from abroad). If a U.S. citizen is arrested or detained abroad →
