Mexico is continuously the source of news stories and speculation circling cannabis and cannabis laws. Don’t worry! We have designed this insider guide to explain everything you need to know about cannabis in Mexico. We will break down everything from consuming cannabis to buying cannabis seeds in Mexico, so read on to discover more!
Let’s begin with the role of cannabis in the history of Mexico!
Marijuana in the Depiction of Mexican History
Mexico has had a rich and complex relationship with marijuana during its past. People grew marijuana in Mexico since as early as the 16th century. At the same time, hemp was famous for rope and textiles. In 1920, the government banned the production of cannabis.
After seven years, the government also prohibited exports in 1927. Soon after, marijuana was criminalized everywhere in the country.
In many ways, the anti-marijuana movement that was prevailing at the same time in the United States influenced and shaped Mexican marijuana laws and policies.
But not always!
Mexico completely reshaped its drug policies in 1940. The Federal Regulation of Drug Addiction decriminalized the sale and usage of small quantities of weed, heroin, and cocaine and released small-time drug offenders from prisons for six months.
Instead of forcing disciplinary measures, the law permitted doctors to set outpatient clinics and medicines and prescribe narcotics to addicts.
Despite generally supporting early reports, including the illicit drug trade cratering, the government reversed the law.
Citing wartime deficiencies in morphine and cocaine and facing U.S. embargoes’ warnings due to the course, the government threw out the law and replaced the earlier punishments.
By December 1940, a new government took over in Mexico and launched military operations against provincial marijuana producers. With U.S. support, the authorities made a few failed attempts to destroy crops of weed and poppy farms in the 1970s with aerial spraying of herbicides.
Mexican Drug Cartels
On Dec. 11, 2006, Mexico initiated its “war on drugs“ when the legislative authorities dispersed the troops throughout the nation in an attempt to stop drug cartels and their black market activities.
It has been a bloody and expensive operation. Estimations extended into the hundreds of thousands of dead, plus tens of thousands missing and kidnaped. The price has been staggering, corruption remains prevalent, and the cartels continue to run without any hurdle.
Changing a Page
The higher authorities decriminalized the possession of small quantities of recreational marijuana in August 2009. Between 2015 and 2018, the Supreme Court consigned to a series of laws relaxing constraints on the use of weed for recreational objectives.
The previous laws which the Mexican government posed presented the complete prohibition for medical marijuana. They consider it as unconstitutional since it did not preserve the right to health.
In October 2018, the high court extended the limitations of the rules. It incorporates recreational weed, claiming that the ban violated free expression.
The court’s latest decision is the fifth on the subject, making it obligatory for all the courts in Mexico. While recreational marijuana continues to be illegal, the court’s decision could further create a potential roadmap for future legislation to define marijuana laws and build a legal cannabis market in Mexico.
Cannabis Legalization In Mexico
Mexico legalized medical marijuana in June 2017, but the definitive rule only approved the use of imported marijuana derivatives with low-THC content, and medical products are still not easily accessible to patients.
The government has not legalized cannabis for adult-use in Mexico. However, possession of small quantities of marijuana for recreational usage was decriminalized in 2009.
The nation has continued to crawl closer toward full-scale legalization, but possession and consumption of recreational cannabis remain illegal as of August 2019.
Overall, it isn’t a wonder that COVID-19 has affected weed legalization efforts. Many U.S. states have discontinued their marijuana campaigns not to gather enough signatures for the November ballot. In Mexico, deadline delays have been going on for a while.
Mexican Laws and Penalties Regarding Possession And Consumption
In 2009, the government of Mexico launched a new law on possession and personal use of marijuana. If the police catch any offender with five grams or less of the weed, they cannot consider it a criminal offense.
However, if the quantity is beyond this limit, the offender might get a jail order.
If the amount is below five grams, the police will see proof that cannabis is for immediate, personal consumption. There are some other constraints in place. For instance, the offender must not be outside a school or jail.
At the beginning of 2019, the government made a few more changes to the law, ordering that all federal judges must allow ‘Amparo‘ (exceptional or extraordinary) legal appeals for the use of recreational weed. However, here’s where things get problematic.
Steps to Follow to Use Recreational Cannabis in Mexico
- They must apply for a license from the Federal Commission for the Protection Against Sanitary Risks, which will allow them to grow cannabis seeds in Mexico.
- As General Health Law bans this request, their application will be rejected.
- The person must then apply to a Federal Appeal Judge to request the case law to be applied in court.
- District Judge, who can grant the request, will resolve the indirect appeal lawsuit. This insists on the Federal Commission for the Protection Against Sanitary Risks to assign the permit.
This basically means that judges must review adult recreational marijuana usage as a right, not a violation.
The rules associating with the recreational usage of weed look set to improve further. In 2018, Andres Manuel Lopez Obrador (then-president-elect) and his internal minister Olga Sanchez Cordero put ahead a bill to legalize marijuana.
If legislated, the new law will allow people to possess up to 20 plants for personal usage. The law would also include the regulation and monitoring of the sale, production, and use of the plant.
It comes in the wake of five prior court cases, where the supreme court of Mexico ruled in favor of residents suing for the right to use marijuana recreationally.
Cultivating Marijuana In Mexico – Legal Or Illegal?
Recent changes to the Federal Criminal Code indicated that the government reduced the prison sentences for growing cannabis. This is particularly the situation for those who develop the plants for individual consumption only. The higher authorities have decriminalized it effectively. In a substantial shift from the earlier law, the Act states that:
proceedings will not be initiated against a person who is not a drug addict and who is detained for the first time in possession of a quantity of narcotics included in Article 193. When the quantity is determined to be for personal consumption [and], no penalty will be applied to drug addicts who possess narcotics listed in Article 193 strictly for personal consumption.
What About Medical Marijuana and CBD?
President Enrique Pena Nieto passed a law In 2017, legalizing the production, farming, and use of medical marijuana products in Mexico.
The products must include less than 1% THC. You might know that THC is the substance liable for giving the ‘high.’ With the bill 347-7 passing earlier in the year, the Senate and Lower House of Congress of Mexico supported this verdict.
The new law allows the breeding, harvesting, production, purchasing, and supplying of marijuana for curative purposes or scientific experimentation.
Although the government supported the new law, other parties in Mexico were not so fascinated. The Catholic Church, in particular, has expressed its objection.
It stated in an editorial: “A drug is a drug, even if it’s sold as a soft medicinal balm.”
The Mexican government legalized CBD products for medicinal use in 2017. The condition behind legalizing it was that the THC level should not exceed 1%.
Experts consider that the law indicates that CBD will soon be accessible as a daily health product.
“A good point about this regulation in Mexico is that any product with a THC concentration higher than 1% can still be registered with the government, and sold as a prescription,” Elizalde commented by phone.
“But the best part is that [cannabinoids] with below 1% THC content can be in medicine, supplements, lotions, food, anything. This is very, very good for our country, and I think we’re one of the very first in the world to take that path.”
Mexican Market For Cannabis
The import, export, sale, or supply of recreational marijuana is illegal in Mexico. Offenders may get a jail sentence if the policemen catch them supplying the drug to others.
Following the Federal Criminal Code, imprisonment is between 10 and 25 years.
Historically, the nation has had critical concerns with drug trafficking, and the approach of the government in the past may have aggravated the problem, rather than fixed it.
According to the Drug Policy Alliance, the ‘drug war‘ first began during Felipe Calderon’s presidency in Mexico in 2006, ending in tens of thousands of tombs.
The government’s attempt to reduce the drug trade by taking out key cartel personalities only ended in a bloody potential struggle.
Statistics from this time note that most retentions for drug-related violations didn’t end in a conviction. Throughout Calderon’s presidency, the total figure of arrests was 226,667. Of these, the authority convicted only 33,500.
This implies that the police have wrongly detained a large number of innocent people.
According to The Motley Fool, legal marijuana in Mexico would create the global market to improve to around $104 billion by 2024. It is an improvement of over 850% on today’s figures!
Mexico can anticipate to earn $1.2 billion in tax revenue per annum and keep $200 million in law enforcement costs. Of course, we must examine other factors, apart from economic influence.
How To Buy High-quality Cannabis Seeds In Mexico
Suprema Corte de Justicia de la Nación: SCJN (The Second Chamber of the Supreme Court of Justice of the Nation) confirmed that the reform to authorize marijuana for medicinal purposes might also help those who want to use it recreationally.
Since then, people could legally buy cannabis seeds in Mexico for recreational usage after asking for special permission from (FCPASR) the Federal Commission for Protection Against Sanitary Risks.
Though, this method presently includes court applications and seeking a District Judge’s permission and could be a long process.
You can buy cannabis seeds in Mexico from any local shop or seed banks if you can’t wait for that long. But if you’re after cultivating cannabis seeds in Mexico, you need somewhere reliable that can guarantee quality.
Local seed banks are not always the best alternative since the government is still in the process of improving the laws. Luckily, there are plenty of excellent seed banks like MSNL and Crop King that ship to Mexico.
Want to know more? Click here!
People’s Opinion On Cannabis in Mexico
Mexico has embraced a far more lenient attitude to marijuana laws in the previous years. The last president, Vicente Fox Quesada, has been frank about his support for legalization.
Together with Fernando Belaunzaran (a former congressman), he has been forcing for marijuana legalization in the country since he put forward a bill in 2012.
Although the use of cannabis is relatively popular in the country, Mexico is a conventional country, with 81 percent of the residents self-identifying as Catholic.
The Catholic Church has come out in opposition to the legalization, therapeutic, or otherwise. One of their primary debates against legalization is that it will inspire youngsters to start toking up.
Quite the opposite scenario can be seen in Colorado, where ending prohibition reduced weed usage among teenagers instead.
The most prominent Catholic newspaper in the country, Desde La Fe (From the Faith), issued a couple of op-eds defending legalization, pretending marijuana has no medicinal advantages and that the government says so “confuses the public.”
The main argument for dropping marijuana prohibition in Mexico is to help control narcotraficante (drug cartel) violence.
Yet the Catholic Church thinks legalization will do exactly the opposite. They ended a 2017 editorial with the words, “In our sad horizon appears a sick and violent country,” indicating to Mexico with legal weed.
It is a mystery of ‘when’ and not ‘if.’ The Mexican Supreme Court has already made a majestic law. You can THEORATICALLY purchase, possess, and consume cannabis in Mexico now.
Anyone who gets caught can mention the court’s decision. That said, it is apparently not a great idea to go down south and try that theory!
Marijuana legalization in Mexico looks vague this year. While the nation planned to legalize cannabis in October 2019, problems came up. After many deadline delays, the country was willing to legalize marijuana by the end of April 2020.
However, the Mexican Supreme Court has prolonged the deadline again. The new deadline is somewhat due to the COVID-19 pandemic. So, marijuana legalization presumably isn’t in the tickets for Mexico in 2020!
We hope you would enjoy reading this article, and it’ll be of use when you think of buying cannabis seeds in Mexico next time. Click here to read more about the world of marijuana!
- 1 Marijuana in the Depiction of Mexican History
- 2 Cannabis Legalization In Mexico
- 3 Mexican Market For Cannabis
- 4 How To Buy High-quality Cannabis Seeds In Mexico
- 5 People’s Opinion On Cannabis in Mexico
- 6 Last Thoughts