How Legal is Marijuana in Mexico?

Mexico and Cannabis is a complicated business. Marijuana users in Mexico expressed their happiness and relief after the decriminalisation law passed in 2021.

However, there is still no clarity about the regulations regarding the cultivation and storing or selling quantity.

You can read the blog ‘Is weed legal in Mexico’ on the Marijuana Index Newsletter. You get to know about the future development of cannabis production and commercial sales on this blog.

The journey of weed legalization

• The journey started in 2009, where it was legal to possess a small amount of Cannabis for personal use.
• In 2015, the Supreme Court legalized cultivation of Marijuana for personal use only by adults.
• In June 2021, the Supreme Court ruled that the prohibition of recreational use was illegal.

The 2021 legislature’s vital points

• Recreational use– The Chamber of Deputies passed a bill legalizing recreational marijuana in March 2021 and presented to the Senate for approval.
• Legalization by Supreme Court– On June 28th 2021, the Supreme Court of Mexico backed an 8-3 voting decision to legalize adult use of marijuana.
• Medical Use– Medical Cannabis was legalized in June 2017. Initially, the use of purchased cannabis derivatives with low THC levels was allowed.
• Decriminalization– In 2009, possession of > 5 grams of weed for recreational use was decriminalized.
• Legislative approval– The recreational marijuana legalizing bill that the Chamber of Deputies passed got its approval in the Senate. After, which the bill was sent to the President for signing. President Lopez Obrador signed a bill, which allows the adults over 18 –

– To possess up to 28 grams

– To grow up to six plants at home for personal use

The current challenge

While possession and cultivation for personal use are legal, the framework for commercial production, distribution and sale is yet to be established by Congress. It means you cannot buy weed legally in a store or dispensary in Mexico.

The ruling of the Supreme Court mandated Congress to address these inconsistencies. Nevertheless, deadlines for new legislation have come and gone leaving a legal grey area.

While possessing a small amount of weed will not send you to jail, the lack of regulations creates uncertainty for potential consumers and businesses.

Impact and repercussions

The situation has several consequences.

• Consumers cannot find any legal avenues to buy weeds, so they indulge in black market purchase, which fuels violence and gang activities.
• The potential economic benefits from job creation and taxation from legal cultivation and sales is overlooked.
• The legal haziness discourages responsible production and quality control.

What is next?

The Mexican government has conveyed its commitment to create a legal cannabis market, but the legislation is under debate. The key issues include licensing procedures, quality control measures, and taxation structures.

Mexico’s cannabis legalization is an on-going project. The Supreme Court’s decision was a progressive step, but the lack of a regulatory framework delays its progress in full potential. When Congress acts, Mexico can become a prominent player in the cannabis industry.

The weed situation in Mexico is ‘legal but limited’. Possessing a small weed amount will not get you arrested, but buying and selling it legally stays unclear. The wait for weed legalization in Mexico continues!