Current Legal Status ⚖️
Cannabis in Mexico is legal for medicinal purposes and decriminalized for recreational use. It was decriminalized for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. However, the legal landscape remains complex and somewhat fragmented.
Personal Use (Decriminalized) 🏠
- Adults 18 and over can possess up to 28 grams of cannabis and grow up to six marijuana plants on their property
- Personal use has been decriminalized (up to five grams) without requiring permits
- Individuals can now obtain a personal permit from COFEPRIS – Mexico's federal agency responsible for supervising and regulating products, services, and activities that pose sanitary risks – to cultivate, possess, and transport marijuana for personal and nonprofit use
Commercial Cannabis (Still Illegal) 🚫
No, commercial purposes of cannabis are strictly illegal in Mexico. Currently, no person or company is authorized to sell or distribute any cannabis product containing THC for recreational purposes. This creates a significant gap between personal decriminalization and commercial regulation.
Medical Cannabis 🏥
Medical cannabis has been legal since 2017, but with strict limitations:
- Growth, process, export, import, prescription and use of cannabis is now legal for medical use and scientific research only
- Products must contain less than 1% THC for general medical use
- The approval of compounded medicines containing cannabis, known as medicamentos magistrales in Spanish, has paved the way for limited access
- All medical cannabis products require COFEPRIS authorization
How to Obtain Legal Cannabis Permits 📋
For Personal Recreational Use 🌿
The process is complex and requires legal action:
- Submit Application to COFEPRIS 📝: Submit an application before Federal Commission for the Protection against Sanitary Risk (COFEPRIS)
- Wait for Denial ⏳: Wait for a negative response from the authority against this act (which takes about 40 working days), as this is still a forbidden activity
- File Constitutional Protection (Amparo) ⚖️: On getting the permit, the interested person must file a constitutional protection trial (amparo indirecto)
- Obtain Court Ruling 🏛️: The judge must issue a sentence to grant the permit for the recreational use of cannabis
For Medical/Research Purposes 🔬
Medicines with cannabis shall follow the same path as any other medicine and must be granted authorisations from COFEPRIS: clinical trials, premarket approval and import or export permit if required
Key Regulatory Bodies 🏛️
- COFEPRIS 🛡️: Federal Commission for the Protection Against Health Risks - main regulatory authority
- SENASICA 🌱: National Service of Health, Safety and Agri-Food Quality - oversees cultivation applications
- Ministry of Agriculture 🚜: Issues permits for hemp cultivation (less than 1% THC)
Current Challenges in 2025 ⚠️
Legislative Vacuum 🕳️
Despite the Supreme Court's mandate, Mexico's Congress and individual states have failed to pass legislation to legalize or regulate cannabis use, in part over disagreements regarding commercial regulation and licensing. As of now, personal use has been decriminalized (up to five grams), and because of this, a fully regulated market remains elusive.
Medical Cannabis Limitations 🔒
The industry remains constrained by a lack of standardized protocols, limited prescribers, and uneven availability of products. The medical market operates within strict boundaries with few compliant players.
Enforcement Issues 👮♂️
While the possession of up to five grams of marijuana is not criminalized, if you decide to indulge, it's essential to be prudent. Police shakedowns and extortion are a danger, even if you don't exceed the limit.
What's Allowed vs. What's Prohibited ✅❌
✅ Currently Legal
- Medical cannabis (with prescription and COFEPRIS approval) 💊
- Personal possession up to 5g (no permit needed) or 28g (with permit) ⚖️
- Home cultivation up to 6 plants (with permit) 🌱
- Hemp products with less than 1% THC 🌾
- CBD products with less than 1% THC 🧴
❌ Still Prohibited
- Commercial sale of recreational cannabis 🛒
- Cannabis commerce without proper licenses 💼
- Importing cannabis products without permits ✈️
- Public consumption in many areas 🚫
Future Outlook 🔮
As we look to 2025, the opportunities for growth in Mexico's medical cannabis industry are as many as its challenges. The industry awaits comprehensive federal legislation that would create a regulated commercial market, but political progress remains slow under the current administration.
The ongoing legislative vacuum means that Mexico, despite its progressive stance on individual rights regarding cannabis, is still missing out on the substantial economic and social benefits that a fully regulated recreational market could provide.
Practical Advice for 2025 💡
- For Personal Use 🏠: Small amounts (under 5g) are decriminalized, but discretion is advised
- For Medical Needs 🏥: Obtain proper prescriptions and COFEPRIS authorization
- For Business 💼: Focus on hemp (under 1% THC) or medical applications with proper licensing
- For Travel ✈️: Be extremely cautious bringing any cannabis products across borders
The legal landscape continues to evolve 🔄, with advocates pushing for comprehensive reform while conservative forces maintain resistance. Mexico remains in a transitional phase between prohibition and full legalization 🌅.