Is Weed Legal in Mexico?
May 29, 2026
Cannabis in Mexico is decriminalized for adult personal use under a 2021 Supreme Court ruling, with medical access via COFEPRIS. No commercial market exists in 2026.
Cannabis in Mexico is decriminalized for adult personal use under a 2021 Supreme Court ruling, with medical access via COFEPRIS. No commercial market exists in 2026.
Cannabis sits in a constitutionally protected legal gray zone in Mexico as of May 2026. Recreational adult use is decriminalized through Supreme Court jurisprudence, medical cannabis is legal under the 2021 federal regulation, but Congress has still not passed the long-promised Ley Federal para la Regulacion del Cannabis to establish a commercial market.
The Suprema Corte de Justicia de la Nacion (SCJN) issued its Declaratoria General de Inconstitucionalidad 1/2018 on 28 June 2021, striking down the absolute prohibition on recreational cannabis use in Articles 235, 237, 245 (section I), 247, and 248 of the Ley General de Salud as a violation of the constitutional right to the free development of personality. Adults 18+ may apply to COFEPRIS for a sanitary authorization to grow up to 6 plants and possess cannabis for personal use, though in practice applicants still must file an amparo because COFEPRIS has not issued blanket implementing guidelines.
Possession of up to 5 grams is not a criminal offense under Article 478 of the Ley General de Salud. Public consumption remains punishable (typically fines around MXN 5,000 under municipal civic ordinances). As of the 2024-2026 LXVI Legislature, the Federal Cannabis Regulation Law remains stalled in committee. President Claudia Sheinbaum has not prioritized cannabis reform.
Decriminalized
COFEPRIS
Greater than 1% THC is regulated as cannabis; products at or below 1% THC fall under industrial hemp under Article 245(V)
Ley General de Salud Arts. 235-248; SCJN Declaratoria General de Inconstitucionalidad 1/2018 (28 June 2021); DOF 12 Jan 2021
Import and export of cannabis raw material, pharmacological derivatives and finished medicines require prior COFEPRIS authorization under the 12 January 2021 Reglamento and Articles 290 and 291 of the Ley General de Salud. Importers must demonstrate foreign regulatory approvals, GMP certification and a Mexican sanitary registration (registro sanitario). The 11 June 2025 COFEPRIS modernization agreement introduced mandatory e-filing and aligned reliance pathways with PAHO and FDA. Travelers may not bring cannabis flower or THC products across the border.
