Cannabis in Mexico

History of Cannabis in Mexico

Cannabis arrived in Mexico with Spanish colonization in the 16th century, initially for its hemp fiber. It was then banned at the federal level in the early 20th century, amid a wave of harsh drug crackdowns, reinforced by the country’s international commitments. Over the decades, Mexico became one of the leading producers, a development that has permanently linked the issue to cartel violence.

The reform came from the judiciary rather than from Parliament. In 2015, the Supreme Court granted constitutional protection (amparo) to members of an association for the purpose of cultivating and consuming cannabis. Following several consistent rulings, these decisions establish binding precedent for all federal judges. In 2017, medical cannabis with a low THC content was legalized through an amendment to the General Health Act, but its implementing regulations were not published until January 2021. In June 2021, after Congress failed to pass a law by the April 30 deadline, the Supreme Court ruled, by a vote of eight to eleven, that the provisions of the health law prohibiting consumption are unconstitutional. Those who wish to use cannabis for recreational purposes can then apply for authorization from COFEPRIS, which cannot deny their request.

Cannabis Legislation in Mexico

Recreational cannabis: personal use permitted by the courts, but not by law

The law still does not permit the production, importation, or sale of recreational cannabis. This gap is filled by Supreme Court case law, which recognizes the right to consume cannabis for recreational purposes and to grow and prepare a reasonable amount for personal use. Possession and transportation are limited to 5 grams per person. These decisions do not automatically apply to the entire population. You must be at least 18 years old and submit an application for authorization to the COFEPRIS (the federal health agency), wait for the agency to deny the request (about 40 business days), and then file an appeal with amparo so that the judge will grant the authorization.

The permits apply solely to personal use. They do not grant any right to sell, supply, distribute, or import cannabis, as COFEPRIS reiterated in July 2026. Mexico has no legal dispensaries. On September 10, 2026, however, the Supreme Court clarified that a permit for personal use includes the preparation of cannabis-infused foods (such as cakes and gummies) for one’s own use, and COFEPRIS must amend its permits accordingly.

Medical cannabis: legal, regulated by COFEPRIS

Medical cannabis is permitted. The Ministry of Health’s January 2021 regulation allows for the cultivation, processing, export, import, prescription, and use of cannabis solely for medical and scientific research purposes. Cannabis-based medications follow the same regulatory process as other medications and require authorization from COFEPRIS (clinical trials, marketing authorization, import or export permits). Cultivation also requires a permit from the Ministry of Agriculture, and COFEPRIS-approved clinical trials are necessary to demonstrate research or medical use. Advertising is limited to healthcare professionals. Products must contain less than 1 % of THC, and adoption remains slow.

CBD and Industrial Hemp

CBD is defined in the medical cannabis regulations as a cannabinoid with no psychoactive properties, which allows for its use in medications. The General Health Act also stipulates that products containing cannabis derivatives with 1 % of THC or less, which have broad industrial applications (cosmetics, dietary supplements), may be marketed, exported, and imported provided they meet health requirements. However, in the absence of implementing regulations at the time of our sources, there was no legal means of obtaining the raw material, and sowing, cultivation, possession, and sale remained criminal offenses.

News and Outlook: Still No Cannabis Law

For legalization to be complete, Congress must pass a comprehensive cannabis law, and the Ministry of Health must issue the corresponding regulations. In March 2021, the Chamber of Deputies approved a bill (authorization by the National Commission Against Addictions, 6 plants per person, 28 grams of possession, commercial licenses), but the Senate never voted on it. Most of the bills have since been stalled in committee, and Claudia Sheinbaum’s administration has not made regulation a priority. Follow our News about cannabis in Mexico See below for updates to the law.