Marijuana in Mexico exists in legal limbo. A 2018 Supreme Court ruling declared prohibition unconstitutional, but full legalization hasn’t followed. Possession of up to 5 grams is decriminalized, yet permits from COFEPRIS are technically required. Home cultivation is allowed—with the right paperwork. Commercial sales? Still illegal. Enforcement varies wildly by region. Multiple legalization bills have stalled in Congress since 2018. The regulatory chaos continues to baffle citizens and visitors alike.
Exactly how legal is marijuana in Mexico? It’s complicated. Despite a landmark Supreme Court ruling in 2018 declaring cannabis prohibition unconstitutional, Mexico hasn’t fully legalized recreational marijuana. The country exists in a legal limbo where personal use is technically allowed, but buying it remains illegal. Make sense? Didn’t think so.
Personal possession has been decriminalized—you can carry up to 5 grams without legal consequences. Some proposals have suggested raising this limit to 28 grams. But here’s the catch: you need a permit from COFEPRIS, Mexico’s health agency, to possess marijuana legally. Good luck with that paperwork.
While technically allowed, Mexico’s marijuana rules are a bureaucratic maze—5 grams legal, but only with permits nearly impossible to obtain.
Home cultivation? Technically permitted with the right permit. The Supreme Court ruled it’s your constitutional right under the “Free Development of Personality” doctrine. Fancy legal talk for “it’s your life.” But there’s no clear limit on how many plants you can grow.
And commercial-scale growing? Absolutely forbidden.
The commercial side is where things really fall apart. Production, import, and sales of recreational cannabis remain illegal. No dispensaries. No cannabis cafes. Nothing. Congress has repeatedly failed to enact a regulatory framework despite introducing at least 13 different legalization initiatives since 2018. Deadlines come and go. April 2021 was supposed to be the big moment. Spoiler alert: nothing happened.
Meanwhile, the Mexican people wait in a cloud of confusion. Enforcement varies wildly across regions. Some police officers might look the other way; others might still arrest you regardless of the Supreme Court ruling. It’s a mess.
Former Senator Novelo Osuna tried pushing a thorough framework. It stalled like all the others. The Supreme Court even issued a General Declaration of Unconstitutionality in June 2021. Still nothing.
On the industrial front, products containing ≤1% THC can be commercialized if they meet proper sanitary requirements, though regulations for these cannabis derivatives remain unclear. Medical marijuana was officially legalized in 2017, primarily focusing on cannabis products with low THC content for therapeutic purposes.
Frequently Asked Questions
What Are the Penalties for Marijuana Possession in Mexico?
Mexico’s penalties for marijuana possession depend on quantity.
Got less than 28 grams? You’re in the clear—decriminalized for personal use.
Exceed that limit? Prison time up to 10 years awaits.
Selling without a license? Illegal, period.
The system targets traffickers, not casual users.
Penalties skyrocket for repeat offenders or cartel connections.
And heads up—enforcement varies wildly by region.
Carrying near schools? Extra trouble, regardless of amount.
Can Tourists Purchase Cannabis Legally in Mexico?
No, tourists cannot legally purchase cannabis in Mexico.
Despite recreational use being technically legal since 2021, there’s a massive catch—no legal dispensaries exist. The system requires permits from COFEPRIS, which aren’t available to visitors.
While locals can possess up to 5 grams, tourists have no legitimate way to buy it.
Black market options? Still illegal.
Mexico’s cannabis situation remains half-baked for foreigners.
Are There Medical Marijuana Exceptions in Mexican Law?
Yes, medical marijuana exceptions exist in Mexican law.
Since 2017, the General Health Law allows legal manufacturing of cannabis-based medications. Patients need permits from COFEPRIS to access medical cannabis—bureaucracy at its finest.
The system? Complex and restrictive. Few compliant operators exist. Mexico’s regulatory landscape trails behind countries like Canada.
Medical cannabis has clearer legal pathways than recreational use, but it’s still a maze of regulations. Access remains limited.
How Much Marijuana Can You Legally Possess in Mexico?
In Mexico, you can legally possess up to 5 grams of marijuana without a permit.
That’s it. No questions asked.
Want more? You’ll need special permission from COFEPRIS.
Recent Supreme Court rulings have pushed for a higher limit of 28 grams, but implementation remains spotty at best.
Adults with permits can grow their own plants too.
Tourists? Good luck getting that paperwork approved.
Enforcement varies wildly between regions.
When Did Mexico’s Marijuana Laws Most Recently Change?
Mexico’s marijuana laws last changed markedly on June 10, 2021. The Supreme Court dropped a bombshell, issuing a “General Declaration of Unconstitutionality” against recreational cannabis prohibition.
Missed legislative deadlines forced the Court’s hand. They ruled cannabis bans violated citizens’ rights to “Free Development of Personality.”
Just like that—personal use, possession, and home cultivation became decriminalized.
Commercial production and sales? Still illegal. The legislature has done zilch since then.
