Is Marijuana Legal in Mexico?

Is Marijuana Legal in Mexico?

Short Answer:  Not yet.  But soon.

Long Answer:   There have been major earthquakes in Mexico recently in regard to legalizing cannabis.  Currently, being high on marijuana is legal in mexico, and possession of less than 5 grams is decriminalized, meaning you won’t go to prison for holding the equivalent of about two joints, but you can still be forced into an addiction treatment program.  Smoking in public places, cultivation, sales, possession of more than 5 grams are all still strictly forbidden and carry harsh prison sentences.

In 2017, the Mexican Supreme Court ruled in favor of medicinal cannabis, but the laws that followed the ruling were extremely restrictive, permitting importation of CBD products free of THC, and only after an elaborate application process through COFEPRIS, the Mexican health authority.

In 2018, two major events have made true legalization of cannabis likely in Mexico in the near future.  First, the Supreme Court made an even more liberal decision than the medicinal cannabis ruling in 2017, this time declaring marijuana prohibition unconstitutional.  Once again, the Supreme Court ruling kicks the matter over to the legislature to create new cannabis law.  However, in contrast to 2017, in 2018 the legislature is far friendlier to cannabis legalization.  Andres Manuel Lopez Obrador, the incoming president of Mexico commonly referred to as AMLO, has made drug legalization the first priority of his administration.  His Secretary of State presented an exceedingly liberal plan to the Senate recently.  AMLO’s plan permits for personal cultivation of up to 20 plants for recreational use and permission to consume cannabis in public spaces.  So far, no legislation has passed congress, but new developments are expected in the coming year.  Stay tuned to the Gold Leaf blog for the latest info!