Hoban Law: The Current State of Cannabis in Mexico

The Current State of Cannabis in Mexico


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
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

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

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!

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Cannabis Law Journal – Contributing Authors

Editor – Sean Hocking

Author Bios

Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Elvin Rodríguez Fabilena


Julie Godard
Carl L Rowley -Thompson Coburn LLP

Jerry Chesler – Chesler Consulting

Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

William Bogot – Fox Rothschild

Valerio Romano, Attorney – VGR Law Firm, PC

Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild