Lately, the issue of marijuana use is being discussed more than ever, and last week the Senate approved an opinion regarding this issue, but does this mean that marijuana is legal in Mexico?

The answer is “NO”.

So what did the Senate approve?

The majority of the Senate approved on Thursday, November 19th, a ruling that endorses the recreational consumption of cannabis or marijuana, increases the limit of personal possession and establishes the way of regulation for self-cultivation and the sale of the plant and its derivatives.

With this approval of the opinion, we can mention certain key points:

  • The opinion is a project of “regularization” not of legalization or decriminalization, since there will continue to be certain assumptions where penalties will be maintained for cases of possession of this plant;
  • The Federal Law for the Regulation of Cannabis is issued and the Mexican Institute for the Regulation and Control of Cannabis is created.
  • Several articles of the General Health Law and the Federal Penal Code are modified, added and reformed (so much so, that the Competent Authority within 6 months from the entry into force of the Decree, must eliminate criminal record records on the possession of cannabis).
  • Each person can carry up to 28 grams of marijuana (up from 5 grams). If the person carries more grams, between 29 and 200, fines will be applied, and above 200 g, they could be penalized.
  • People can acquire marijuana in these ways:
    • Self-cultivation: An adult can have 6 plants at home (or eight if another adult consumer lives) without the need for registration and following measures.
    • Associations: Groups of between 2 to 20 people, supervised by the Regulatory Institute.
    • Points of Sale: Regulated companies that sell specific doses.
  • It will be prohibited: Consumption by minors (except for medical use), consumption in public areas, driving vehicles under the influence of cannabis and marketing without a corresponding license.
  • The proposed “Federal Law for the Regulation of Cannabis” does not speak of recreational or recreational consumption, but only of “adult consumption”.
  • It should be remembered that this opinion was only approved by the Chamber of Senators, so for it to have legal and official validity, it must be subsequently approved by the Chamber of Deputies, and then, if applicable, be approved and sanctioned by the Executive of Mexico and thus be able to be published in the Official Gazette.

A path of few steps awaits, but the time to be taken is still undetermined.

If you have any questions, please send a message here to contact our labor law experts.

The content of this page is not and should not be considered legal advice, the information is for informational purposes only.

Eumir Quintero

Eumir Quintero

Associate at GD Legal, specialized in Labor, Intellectual Property, Corporate and Administrative Law.