Cannabis law and legislation in Mexico

Medical use is allowed. In January 2021 the Rules of Medical Cannabis were issued by the Ministry of Health. 

While CBD is not addressed in the General Health Law, it is defined in the Rules for Medical Cannabis as a cannabinoid without psychoactive properties, allowing its use in medicines.

Growth, process, export, import, prescription and use of cannabis is now legal for medical use and scientific research only.

Medicines with cannabis shall follow the same path as any other medicine and must be granted authorisations from COFEPRIS (Mexico Food and Drugs Agency): clinical trials, premarket approval and import or export permit if required.

Growth of cannabis requires a permit from the Ministry of Agriculture. Approved clinical trials by COFEPRIS are required to prove the research or medical use destination.

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In Mexico the law does not permit the production, import or sale of recreational cannabis.

This problem, however, has been overcome by constitutional trials. The Supreme Court of Justice has recognised the right to consume cannabis recreationally. The Court considered that recreational use of cannabis is a human right allowing citizens to grow and prepare cannabis within a reasonable amount for one individual. However, possession and transport have a limit of 5 grams per person. These rulings are not for the entire population. In order to have the rights to grow and consume cannabis, individuals must be at least 18 years old, file a constitutional trial and receive a favourable sentence and permit from the authorities.

This precedent has risen to a level of binding jurisprudence, so all federal Judges are obligated to apply it in all cases. As there is no regulation for the use of cannabis, to get a permit for recreational use, it is necessary to: (i) submit an application before Federal Commission for the Protection against Sanitary Risk ( COFEPRIS); (i) wait for a negative response from the authority against this act (which takes about 40 working days), as this is still a forbidden activity; (iii) on getting the permit, the interested person must file a constitutional protection trial (amparo indirecto); and finally (iv) the judge must issue a sentence to grant the permit for the recreational use of cannabis.

The Mexican General Health Law provides that products containing derivatives of cannabis with concentrations of 1% or less of THC and that have wide industrial uses (cosmetic and dietary supplements), may be commercialized, exported and imported if they fulfil sanitary requirements. However, as these regulations have not been issued yet, there is no way to acquire raw material in a legal way. Therefore, to this date the seeding, growth, possession, and commercialization of cannabis are still considered a crime and are severely punished under Mexican law.

There is no prohibition on patenting a cannabis-based product in Mexico, although the petitioner must present evidence that the composition has the claimed therapeutic activity, and the invention does not infringe any law and is not contrary to public order.

To fully implement cannabis legalization in Mexico, the Congress will have to issue the Cannabis General Law and the Ministry of Health must issue the Rules for the Cannabis General Law. 

In March 2021, the Chamber of Deputies approved the project of the Cannabis General Law and sent it to the Senate for the final approval. This project intends to legalize research, recreational use for personal consumption and industrial use for commercial purposes. 

Personal use will require a permit by the National Commission for Addictions. This permit may allow the growth of 6 plants for personal use and 8 plants for households with more than 2 adults. The possession and transport of cannabis limit will grow from 5 to 28 grams. Commercial growth and sale of cannabis will require a license from the National Commission for Addictions. 

CBD is also defined in this project as a non-psychoactive cannabinoid. It can be used both in recreational and industrial use. 

Hemp must not have more than 1% of THC, and its industrial use requires a licence from the Ministry of Agriculture and the products must need to follow the legal requirements set forth for each classification of products (ex. Cosmetics, Dietary supplements, etc.). However, to date there is no law project approved by the Congress related to the use of Cannabis. 

In the judicial sphere, the Supreme Court of Justice has resolved in several rulings that those legal entities that can prove their legal interest in the amparo trial can get a favourable sentence that allows them to commercialize products derived from Cannabis with the established permits and legal guidelines for the specific category of their products.