Is Cannabis legal in Mexico?

The short answer is that it depends on the use. Mexico is in the process of cannabis legalization. As of today, the harvesting, growing, transporting, and sale of adult use cannabis is expressly prohibited by law and sanctioned by the Federal Criminal Code. However, there are specific rules in place for medical use allowing such activities. Cannabis is expressly treated as a pharmacological product and excludes regulation of dietary or food supplements and herbal remedies (i.e. CBD oils and extracts). Also, adult use is allowed provided you have a judicial resolution known as an “amparo”, similar to an injunction in the U.S.

Is Hemp legal in Mexico?

Although current legislation does not differentiate cannabis from hemp, the current Cannabis Bill makes a distinction between cannabis and non-psychoactive cannabis or industrial hemp with a threshold at 1% THC. If and when the bill is approved, hemp will be regulated by the Ministry of Agriculture and Rural Development (SADER), and will have specific rules, different from those that will apply to psychoactive cannabis.

Are Cannabis medical products legal in Mexico?

Yes. Medical products have been fully authorized for its use in Mexico. Such products must comply with the requirements that apply for pharmacological products in addition to other sanitary control measures. Cultivation, manufacturing, sale, import and related activities do require a special authorization. Patients seeking cannabis medication must have a controlled prescription form an authorized medical professional.

If CBD is not legal in Mexico yet, why do I see people buying and selling products?
With very few exceptions, most CBD products currently sold through social media or online platforms do not have government authorizations and/or were illegally imported into Mexico. Law enforcement is increasingly taking action to seize and crack down on these activities.

Can I grow Cannabis in Mexico?

Cultivation is currently authorized only for medical use, provided certain conditions and special requirements are met. For adult or recreational use, an “amparo” may be obtained from a court for home grow. The current bill, if approved, will allow personal cultivation of up to eight plants per household and for commercial purposes.

Can I consume Cannabis in Mexico?

Cannabis consumption in Mexico exists within a gray area. An individual can have possession of no more than 5 grams of cannabis without being arrested. Notwithstanding the foregoing, administrative sanctions may apply (fines and detention under 72 hours). As mentioned above, an “amparo” may be obtained through a legal procedure that could take between 6-12 months based on the Supreme Court’s ruling in which total prohibition of its consumption was declared unconstitutional.

Can I export Cannabis products to Mexico?

Only medical products are authorized for customs entrance into Mexico. Such products may have special authorization from the Federal Commission for the Protection against Sanitary Risks (COFEPRIS).

When should I be able to invest in the Cannabis industry in Mexico?

It is uncertain if or when the Cannabis Bill will be approved. We expect certain changes to be implemented in the short and medium-term for a gradual legalization. This said, the industry for medical and scientific research is open and opportunities are available to participate throughout the value chain.

If you have any questions, please contact Hoban.Law today!