Recreational Marijuana in Mexico

Cannabis in Mexico is technically illegal but the law prohibiting its use was declared unconstitutional by the Supreme Court of Mexico on October 31, 2018. The effect of the ruling is that the law was generally made unenforceable and that the government of Mexico must act to formally legalize cannabis within a period of 90 days. Cannabis was illegal since 1920, personal possession of small amounts were decriminalized in 2009, and medical use for THC content less than one percent was legalized in 2017.



On 21 August 2009, Mexico decriminalized the possession of small amounts of cannabis and other drugs in order to reduce the illicit drug activity. Maximum amounts which could be considered "personal use" were established. Under the new law, anyone caught with up to five grams of cannabis will be advised to seek a drug rehabilitation center rather than arrested or fined. President Felipe Calderon claimed the change would allow law enforcement to focus on major traffickers rather than minor consumers. In practice, minor drug possession was already widely tolerated by police.

On Oct. 17, 2019, a number of Mexican Senate committees unveiled draft legislation that would make our neighbor to the south the third country worldwide, after Uruguay and Canada, to legalize recreational marijuana. As reported by Canamo Mexico and Marijuana Moment, the 74 article, 42-page draft is similar to a bill proposed last year by Interior Secretary Olga Sanchez Cordero, who was then serving as a senator. However, the current legislation also incorporates bits and pieces of numerous other legislative proposals, and may be further modified by input received from the public.

Mexico's Supreme Court ruled last year that a ban on the recreational use and possession of cannabis was unconstitutional. This was the fifth time that Mexico's highest court had reached a similar verdict. In Mexico, when the Supreme Court reaches a similar verdict five time, it becomes the set standard. Thus, recreational marijuana has already, in theory, been legalized by the Mexican Supreme Court. It's simply a matter of lawmakers drawing up the rules and regulations that'll govern the industry by putting pen to paper.

As should be little surprise, the initial draft calls for the consumption of recreational marijuana to occur only in private spaces. This is consistent with pretty much every U.S. state and Canada. Although the first cannabis café opened in West Hollywood, Calif., just three weeks ago, pot cafes and other non-private places of consumption are a rarity, and it's likely to remain that way for the foreseeable future throughout North America.



Similar to the setup in Canada, a central agency, known as the Cannabis Institute, will be responsible for overseeing Mexico's marijuana industry. The Cannabis Institute would be delegated with setting potency limits for recreational weed, implementing whatever legislation is passed, and issuing cultivation and/or sales licenses. Surprisingly, Health Canada has proven to be more of a crutch than an aide in the early going for the Canadian pot industry, so it'll be interesting to see how well the Cannabis Institute performs, assuming this is, indeed, the legislation that becomes law in Mexico.

Finally, understand that while the Mexican Supreme Court set a deadline on lawmakers to pass a recreational cannabis bill, it's possible that, even with this legislation in hand, passage is delayed. Even though lawmakers are aiming for approval this week, they may need to appeal to their country's Supreme Court for an extension. Without any precedent, it's unclear whether the high court would grant one.

Sources and content © for excerpts used: Wikipedia and The Motley Fool