Is Marijuana Legal In Mexico?

When going on vacation, everyone has a bucket list of fun and exciting stuff to do. Chances are, though, getting arrested isn’t one of them! With different countries treating marijuana use differently, it’s in your best interest to know the local laws governing weed before traveling.

Mexico, with its beautiful sandy beaches and fabulous resorts, is a popular destination for visitors from the United States and further afield. Which leads us to the question: is marijuana legal in Mexico

Well, it’s a little bit of a grey area…

Weed Laws in CaboYou won’t, and shouldn’t technically, get arrested for carrying less than 5 grams in your possession. However, federal and local police don’t really respect that law. You could still be taken into custody and have to pay the police to get released.

Not an ideal situation to find yourself in.

Regarding trips abroad and legal ‘grey areas,’ it always pays to err on caution. This article will give you more background on the Do’s and Don’ts of marijuana usage in Mexico so that you can make your own educated decision.

History of Marijuana in Mexico

Marijuana has grown in Mexico since the 1500s, as Spanish colonists brought different hemp seeds and plants to make ropes and textiles. However, the indigenous people within the region (as they did around the world) soon found other uses for the plants.

Looking at the present day, on August 21, 2009, you were allowed to have small amounts of cannabis without getting into legal trouble. It became further decriminalized in 2015, but in 2021, the Supreme Court ruled against its recreational use.

Can Medical Marijuana Be Taken into Mexico? 

Another tricky scenario: Marijuana is used for many medical purposes, so you want to ensure you won’t get into legal trouble for a drug that is aiding your health.  

Is There a Legal Framework in Place to Obtain a Prescription or Prove One’s Own Legal Medical Status of Marijuana?

Unfortunately, there is no proper framework. You technically won’t get into trouble for carrying along less than 5 grams, but at the same time, there are very few legal routes you can take to prove and avoid trouble, even if it is a medical necessity. There are written provisions that supposedly allow you to import the low-THC- cannabinoid compound, but that in itself can be a tricky one to navigate.

The only exception you might find is one such as the case of epileptic children, where all other forms of treatments had failed. Anyone else needing to obtain marijuana legally will have to wait for the pharmacies to release the licensed products. 

What are the Rules for Controlled Substances at a Mexican Airport? 

Caution has to be practiced when bringing medical substances into a different country. For one, it is illegal to bring over-the-counter medicines commonly used in America to Mexico, whether it be sinus medications, inhalers, or even some simple allergy pills. Specifically, items that contain Vicks inhalers, Actifed, Sudafed-as well, as codeine-are very much illegal. 

Can I bring weed into Cabo Airport?

If you need to bring medication with you through Los Cabos Airport but want to play it safe, visit the list regarding controlled substances within Mexico. With any necessary substances, you must have a medical prescription issued by a relevant and competent authority. You need to make sure that on the prescription, there is:

  • Contact details
  • The doctor who authorized the prescription
  • Doctor’s signature
  • Professional registration
  • The amount being brought into the country (must not exceed a required period of 30 days of use)
  • The daily dose

You should only carry the amount that you will need during our stay in Mexico, and it should also be translated into Spanish. Be sure to place all the medications in transparent bags or their specific boxes and inside your hand luggage. 

What Are the Laws Governing Smoking in Public? 

Mexico has one of the world’s strictest anti-tobacco laws, with a complete and total ban on smoking in public places. It started with a ban in 2021 on tobacco advertising, then moved to create smoke-free public places, and now has finalized with an outright ban. This includes: 

  • Beaches
  • Parks
  • Hotels
  • Offices
  • Restaurants 
Final Weed Laws Tips and Advice

Unlike tobacco, the legislation on Marijuana is softening. Be sure to double-check the rules and updates before you leave to ensure you stay on the right side of their laws. 

However, always play it safe when it comes to following the laws of a place you visit. Getting into legal trouble isn’t fun at home, and even less so in foreign countries. Local police tend to have little sympathy for travelers with flagrant disregard for their laws and customs.

Whatever you do, don’t risk taking any of it back home with you, as the transport of marijuana is a federal crime, and all weed laws should be followed to the letter.

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