Cannabis Laws in Mexico

The short version

Cannabis in Mexico exists in a unique limbo. The Supreme Court of Justice of the Nation (SCJN) has ruled multiple times that the absolute prohibition of adult personal use violates the constitutional right to free development of personality ^[1][2]. But the Congress of the Union has repeatedly failed to enact a recreational regulatory law, despite court-imposed deadlines ^[3][4].

What that means in practice:

• Adults can legally possess and consume cannabis for personal use, but only after obtaining an individual permit from COFEPRIS (the federal health regulator) via an amparo (constitutional protection) lawsuit, or in line with the SCJN's general declaration of unconstitutionality issued in 2021 ^[2].
• Possession of up to 5 grams is not criminally prosecuted under the General Health Law (Ley General de Salud), Article 479 ^[5].
• Medical cannabis is legal and was given implementing regulations in January 2021 ^[6].
• There is no legal recreational retail market. Buying or selling cannabis commercially remains illegal.

This article is informational only and is not legal advice. Laws change; enforcement varies by state and municipality. Consult a licensed Mexican attorney for any specific situation.

How Mexico got here

Mexico criminalized cannabis in the early 20th century, and prohibition was tightened during the U.S.-led war on drugs. The modern reform arc began in 2009, when Congress passed the narcomenudeo reform, decriminalizing possession of small quantities for personal use (5 g for cannabis) ^[5] Strong evidence.

In 2015, the SCJN issued its first major ruling (the SMART case, Amparo en Revisión 237/2014), holding that prohibiting an adult from growing and consuming cannabis for personal recreational use violates the right to free development of personality under Article 1 of the Constitution ^[1] Strong evidence. Mexican courts work on jurisprudence by repetition — five consistent rulings create binding precedent.

By 2018, the SCJN had issued the fifth such ruling, establishing binding jurisprudence and ordering COFEPRIS to grant personal-use permits to plaintiffs who sued ^[2] Strong evidence.

In 2017, Congress legalized medical cannabis by amending the General Health Law ^[7]. Implementing regulations were finally published by the executive in January 2021 ^[6].

In June 2021, after Congress had blown several deadlines to pass a recreational law, the SCJN issued a Declaratoria General de Inconstitucionalidad striking down the specific articles of the General Health Law that prohibit personal recreational use ^[2] Strong evidence. As of this article's last-verified date, Congress still has not passed a comprehensive recreational regulation.

Personal use and possession

Possession threshold. Article 479 of the General Health Law lists 5 grams of cannabis as the maximum amount considered for strictly personal and immediate consumption ^[5]. Below that amount, the Ministerio Público (prosecutor) is not supposed to pursue criminal charges, though authorities may still detain, identify, and refer the person to treatment services.

Above 5 grams. Possession above the threshold can be charged as simple possession or — at higher quantities — possession with intent to supply, which carries prison time. There is no clean upper limit before charges escalate; prosecutors have discretion based on circumstances.

Public consumption. Even after the SCJN's ruling, smoking cannabis in public spaces is regulated by the Ley General para el Control del Tabaco and local ordinances. Mexico City and several states treat cannabis smoke under the same smoke-free rules as tobacco [evidence:weak — enforcement varies].

Driving. Driving under the influence of cannabis is illegal nationwide and is generally enforced under state traffic codes.

Personal cultivation and the COFEPRIS permit

Because Congress has not legislated, the legal pathway for personal cultivation runs through individual constitutional litigation. A person files an amparo against COFEPRIS, the federal courts grant it citing the SCJN's jurisprudence, and COFEPRIS issues a permit allowing the holder to grow, possess, transport, and consume cannabis for strictly personal use — without buying or selling ^[2][8].

Permits are individual, non-transferable, and do not authorize commercial activity, sharing with minors, or use in public. The number of plants and grams allowed has varied case to case; early permits typically authorized a modest personal grow ^[8][evidence:weak — no consolidated public registry].

Following the 2021 general declaration of unconstitutionality, COFEPRIS is technically obligated to grant such permits without requiring each applicant to litigate, but reporting indicates the agency has been slow and inconsistent in processing them ^[4] Weak / limited.

Medical cannabis

Medical cannabis was legalized at the federal level in June 2017 through amendments to the General Health Law and the Federal Penal Code ^[7]. The amendments removed THC concentrations up to 1% from the most-restricted schedule and allowed medical, scientific, and industrial uses of cannabis derivatives.

Implementing regulations — the Reglamento de la Ley General de Salud en Materia de Control Sanitario para la Producción, Investigación y Uso Medicinal de la Cannabis — were published on 12 January 2021 ^[6]. The framework covers cultivation for medical/scientific purposes, manufacturing, importation, and prescription of cannabis-based medicines, all under COFEPRIS oversight.

In practice, the market for pharmaceutical cannabis products in Mexico has developed slowly. Most legal products are CBD-dominant; few THC-containing medicines have completed registration ^[9] Weak / limited.

Hemp and CBD

Mexico does not have a separate hemp statute analogous to the U.S. 2018 Farm Bill. CBD products are regulated under the medical cannabis framework when they make health claims, and as supplements or cosmetics in other cases. COFEPRIS has authorized a small number of CBD products for sale ^[9] Weak / limited. Imported CBD products technically require COFEPRIS authorization, though enforcement against unregistered products is inconsistent.

Travel and foreign visitors

Bringing cannabis into Mexico is illegal, regardless of medical authorization in another country. Mexican customs does not recognize foreign medical cannabis cards.

Foreign visitors are subject to the same 5-gram possession threshold under Article 479 ^[5]. The COFEPRIS personal-use permit pathway has been used primarily by Mexican nationals and residents; it is not a tourist-friendly mechanism.

There is no legal recreational dispensary system for tourists. Anything sold as a 'cannabis club' or 'dispensary' to visitors is operating in a gray or illegal zone, regardless of how openly it advertises [evidence:anecdote — widely reported but legally unclear].

What's pending

A comprehensive Ley Federal para la Regulación del Cannabis passed the Chamber of Deputies in March 2021 but stalled in the Senate, and the version that returned for reconciliation never received final approval ^[3][4]. The political appetite for finalizing it has fluctuated with each legislative session.

Until Congress acts, the situation is unlikely to change in substance: courts will continue protecting personal use, COFEPRIS will continue issuing permits (slowly), and there will be no legal recreational market.

---

Not legal advice. This article describes the state of Mexican law for general informational purposes only. Cannabis law in Mexico is unsettled and changes frequently. Consult a qualified Mexican attorney before relying on any of the above. Last verified: June 2024.

Sources

How this page was made