Is no secret that Mexico has suffered one of the most violent wars against drugs, so when Congress decided to pass a law that would allow the production, use and commercialisation of recreational marihuana the entire world started watching. We’re here to tell you, all the basics of this new law (not yet passed). We will also cover what is already allowed with medical marihuana so that you know what is legal and what could be legal in the following months.
The debate to decriminalize medical marihuana started getting traction around 2014 in Mexico when a group of parents appealed to the Supreme Court stating that their children would dramatically benefit from the use of medical marihuana. Around the same time, another group argued of their fundamental right to decide — without any interference — what kind of recreational activities they wished to carry out. The court ruled in their favour but no actions were taken until 2017 when the presidency proposed the use and commercialisation of medical marihuana across the country. However the actual specifications for the law were only published in January 2021. Production, medical research and medical applications are now only taking shape for the overall population.
At the moment medical recipes will need to have a specific bar code that will only be issued by certified physicians. Pharmacies will also need a specific permit to fulfil these orders and are required to keep a record of the patients. There will be no direct advertising to the consumer but only to the medical practitioners to keep the consumption under control.
Nowadays seems like everyone is selling CBD oils, rubs, soaps etc across the web, however, for the time being all these are unregulated products that might or might not be helpful for your headaches. Furthermore, these products are not precisely legal since the law was only put into effect January this year.
Now, What could be legal in the next couple of months?
Let’s face it, while there might be a population interested in the medical uses of marihuana, the vast majority is more interested in understanding what would be allowed if the recreational chapter goes through and is ratified by the president. We have some of your most pressing questions answered.
Is recreational marihuana already legal in Mexico?
No, the bill was ratified by Congress and sent back to the Senate. They will need to confirm it and then send it over to the president. Once he signs the new law it will need to be published, so we’re at least expecting this to be done sometime in May. Don’t worry, we’ll keep you updated.
Can I carry some weed outside my home?
Yes. Under the new law, anyone over the age of 18 in Mexico will be able to purchase and possess up to 28 grams of cannabis. A possession of a higher amount, but under 200 grams, is subject to a fine of over 4000MXN; and possession of more than 200 grams can land you in prison for six years. Do remember though, this is Mexico and street level police officers can be challenging at times, it is quite possible that if you’re searched by some unethical officers they might claim that you have more than the mandated limit, (to get some some money out of you). Proceed with caution and never ever smoke in public.
Can I smoke publicly?
Absolutely not. Like we mentioned before, there are unfortunately a lot of bad apples in the police system so why give them the excuse? You are also not allowed to smoke in front of minors or any area that already doesn’t allow smoking. Another funny point of the law is that if your neighbour complains about you, you could also incur in a penalty.
Can I grow my own plants?
Yes. You can have 6 plants in your home if you’re an individual smoker or up to 8 if another member of the family smokes as well.
My plants are amazing! Can I sell some marihuana to my friends/neighbours/on social media?
No. Informal commerce will not be legal. If you do want to create a business you will need to get a license from CONADIC, that carries certain restrictions on the packaging, sale outlets, among other requirements. Be careful, if they catch you with more than 5kgs of produce and no license you can spend 15 years in jail.
Is this a only applicable in Mexico City?
Nope this will be applicable in the whole country!
Some other important restrictions to note
Edibles are not legal so you might want to forgo the gummy bears and the space brownies.
It’s illegal for any minor (up to 17yo) to buy, sell or consume any weed.
You will not be able to drive under the influence of marihuana.
Stay tuned for when the legalisation does take place!