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Is weed legal in Mexico? Understanding the legal status of cannabis can be a bit of a puzzle, especially with varying laws in different places.
If you’re in the United States, for instance, the situation can be quite confusing, as cannabis laws are constantly evolving. While national legalization is still on the horizon, cannabis use remains illegal at the federal level. However, some US states allow its medicinal use.
But what about our neighbor to the south? Is it okay to grow, possess, and use weed in Mexico, or is it just decriminalized? In this article about cannabis legalization in Mexico, we’ll explore the different legal scenarios surrounding cannabis, helping you prepare if you plan to travel to Mexico and enjoy your cannabis products there.
Cannabis legalization in Mexico is a complex issue. While it’s no longer strictly illegal, it doesn’t enjoy all the benefits of full legalization. However, positive changes are on the horizon as Mexico is slowly moving towards comprehensive cannabis legalization.
Marijuana has been grown in Mexico since the time of the Spanish colonists, who brought the hemp plant to the region. There’s even a Spanish slang term for marijuana, ‘mota.’ But by 1920, Mexico banned its use.
Mexico’s Supreme Court has declared cannabis prohibition to be unconstitutional. That aside, full legalization is still not established but is currently being addressed in 2023. So, although cannabis possession and use were decriminalized, there’s been plodding progress in finalizing the last legal steps.
The law currently still stipulates that individuals caught purchasing or possessing more than 5 grams of cannabis may face prosecution and a potential prison sentence. Possessing less than this amount is not considered illegal.
In fact, having less than 5 grams of cannabis in your possession has not been illegal since 2009. However, you may still find yourself pressured into paying fines by some law enforcement officers. This coercion often stems from an individual’s lack of awareness, which corrupt police officers exploit.
The prohibition of personal cannabis use over 5 grams has now been declared unconstitutional, and adults may now possess up to 28 grams (approximately an ounce) of cannabis and cultivate up to 6 marijuana plants at home.
This significant change is a result of the June 2021 Supreme Court ruling that granted legal status to adult cannabis use. However, final legislation in line with this ruling is still in progress.
Possession of up to 5 grams of cannabis, for any use including recreation, has technically been legal since 2009, although a better term would be decriminalized. However different regions may have their own rules.
Thanks to ongoing changes to the laws surrounding cannabis consumption, public consumption has been tolerated to an extent. Although still deemed illegal, many establishments allowed it in their outdoor spaces.
A recommendation suggested permitting the smoking of cannabis in private spaces where everyone present consents. However, the clause requiring physical barriers for indoor use to prevent the circulation of marijuana smoke has sparked controversy.
Medical Marijuana is the area of cannabis use that is the most promising since medical cannabis (with less than 1% THC) was legalized by decree in 2017.
However, there is no proper procedure in place to obtain a medical prescription for it and, therefore, to prove your legal medical marijuana status. So, although medical cannabis is technically legal in Mexico, it is still in the process of being regulated.
The federal government decriminalized personal possession of up to 5 grams of cannabis in 2009. In 2021, the Supreme Court further clarified this to include a much higher amount of cannabis (up to 28 grams). However, the official laws to enact this change are not yet in place.
In the years since Mexican lawmakers have been under mounting pressure to finalize the cannabis legalization issue. At the time of writing, this is being addressed so that personal use of recreation will be fully legal.
In 2021, the nation’s highest court overturned the laws that prohibited private cultivation and use of cannabis at home. Up to 6 marijuana plants could now be grown at home for personal use (see above).
This means that a Mexican citizen or resident can grow a small crop of cannabis on their private property for recreational or medical use in their home. But there’s a difference between being allowed to grow a few plants at home for personal use and growing them for sale and distribution.
So, while small- to medium-size growers were also pleased with this ruling, they’re still waiting for cannabis cultivation to be fully legalized.
Thanks to these new cannabis laws in Mexico, pharmacies may soon start selling cannabis products legally. However, this situation is still evolving, and right now, people have to buy expensive creams and tinctures from unofficial sources.
Once the new laws are fully in place, medical dispensaries will be able to provide cannabis products to patients with valid medical marijuana prescriptions.
While you won’t find many recreational dispensaries in Mexico just yet, that’s expected to change as the government establishes clear regulations for selling cannabis.
As these regulations develop, more people will likely have access to cannabis products. Whether using it for medical reasons or recreation, this could make it more affordable and safer for consumers.
Marijuana, thanks to its cannabinoid content, has been found to help with pain, inflammation, and various other physical disorders. It can also help with the symptoms of depression and anxiety. That’s probably why more than 30 countries have passed medical cannabis legislation in one form or another.
So, is there a demand for therapeutic cannabis use in Mexico? Yes, there is, both locally and for medical cannabis tourism. The use of cannabis for medical purposes is now allowed, and this has opened the door to better access to medical marijuana.
There is also no prohibition on patenting a cannabis-based pharmaceutical product in Mexico. The petitioner must, however, present evidence that the composition provides the claimed therapeutic activity and does not infringe any laws.
The non-medical, recreational use of cannabis in Mexico is also promising.
Mexico was already a popular tourist destination, with its beautiful beaches, rich culture, cheap transport, and tasty food. With recreational use decriminalized and evolving to give cannabis use full legal status, Mexico has become an even more attractive option for cannabis enthusiasts.
When Mexico joins the ranks of other countries where cannabis is officially legal, more people will visit there and enjoy their cannabis freely. Take note, though, that the path to full legalization is slow.
If you’re planning a trip to Mexico, check with the local authorities regarding their stance on cannabis before you visit. Smaller villages may be more tolerant of its use in outdoor spaces, but the local police may not always agree.
The evolving state of cannabis legalization in Mexico brings some important considerations for individuals. While getting caught with a zip of weed may get you arrested, understanding the nuances of the law is crucial.
Possessing less than 5 grams of cannabis is not considered illegal, but local authorities may attempt to impose fines, particularly if they believe you are unaware of the new laws. Until final legislation on the new legal amount of cannabis is passed, more than 5 grams of cannabis on your person remains legally problematic, and it may result in potential fines or possibly even some jail time.
For those traveling with medical marijuana products, having a certificate from a physician stating the medical necessity of these products can be beneficial. However, it’s important to note that there may still be restrictions on the quantity of cannabis allowed in these products.
As Mexico’s cannabis laws continue to evolve, staying informed and following regulations is key to avoiding legal complications.
Since 2021, laws have been in place to regulate cannabis cultivation for pharmaceutical and research applications. The legal medicinal cannabis market in Mexico was valued at USD 4.8 million in 2022 and is forecast to expand at a compound annual growth rate of 20% from 2023 to 2030.
Medical marijuana has the potential to significantly contribute to the country’s economy, while recreational use could boost tourism. Tourists who enjoy recreational cannabis may be more inclined to choose Mexico as a vacation destination if they can freely partake.
There’s been considerable discussion about how cannabis legalization affects drug cartels, a persistent issue for the Mexican government. However, these cartels are likely to shift their focus to other profitable illegal activities, such as various illicit drug trades.
Strangely, the growing tolerance of smoking marijuana comes at a time when tobacco use is being discouraged. A new anti-tobacco law prohibits smoking in restaurants, bars, and similar public areas. Media advertising of cigarettes and tobacco products is also prohibited.
The legalization of non-medical cannabis use may reduce resistance to these anti-smoking regulations. Perhaps this shift reflects a more realistic approach, acknowledging that cannabis use is deeply embedded in Mexican culture, whether it’s legal or not.
The influence of cannabis legalization on Mexican society cannot be denied. It’s an issue that many average Mexicans are eager to see resolved, as it will no longer be necessary to hide marijuana growing indoors or buy it from dealers on the streets.
Cannabis legalization in Mexico remains a complex issue, but the light at the end of the tunnel is in sight.
Thanks to years of demand for legalization, this is currently being addressed, albeit slowly. Cannabis use for any purpose, including recreational or medicinal, has been decriminalized. The full legal status is eventually being realized. And everyone from the average Mexican to the Mexican economy will benefit.
Fortunately, you don’t have to worry about how to purchase your legal cannabis when you visit an Embarc store. We stock a wide range of cannabis products to suit your every need, from recreation to health.
