The Frustratingly Vague Legal Status of Marijuana in Mexico
There is no other way to put it: Marijuana legislation in Mexico is a confusing mess. Over the past several years, the country has moved from strict prohibition toward a model stuck between the dominance of black or gray markets and decriminalization.
Instead of the steady progress witnessed in other countries like Canada, Uruguay, and the United States, the status quo in Mexico could best be characterized as erratic fits and starts.
Though exact numbers on marijuana use in Mexico are impossible to come by, according to the Mexican government, nearly 28% of adult citizens and residents have tried the drug at least once, likely influenced by global legalization trends and domestic policy debates.
From total prohibition to ambiguity
For decades, Mexico maintained a firm prohibitionist stance on marijuana, influenced by international drug control treaties and pressure from the United States. However, the early 2000s saw the beginnings of change as activists and civil society organizations began challenging the constitutionality of marijuana bans. A pivotal moment came in 2015, when the Mexican Supreme Court ruled in favor of four plaintiffs seeking the right to grow and consume cannabis for personal use. The court determined that prohibiting recreational marijuana use violated the constitutional rights of Mexicans, setting a crucial legal precedent.
This decision did not immediately legalize marijuana nationwide but opened the door for individuals to seek permits for personal cultivation and consumption through legal injunctions (amparos). Over the following years, thousands of citizens applied for and obtained these permits, gradually pressuring the government to reconsider its approach.
In 2018, Mexico took another major step when it legalized medical cannabis, allowing for the production and sale of pharmaceutical products containing THC. Yet, full recreational legalization remained pending. A key turning point came in 2021, when the Supreme Court declared the absolute prohibition of recreational marijuana unconstitutional for a second time, nullifying all federal, state, and municipal laws. The decision went even further and ordered Congress to pass new legislation.
Despite the Supreme Court’s mandate, Mexico’s Congress and individual states have failed to pass legislation to legalize or regulate cannabis use, in part over disagreements regarding commercial regulation and licensing. As of now, personal use has been decriminalized (up to five grams), and because of this, a fully regulated market remains elusive.
Social movements and the push for legalization
The fight for marijuana legalization in Mexico has been strongly supported by activist groups, human rights organizations, and even some sectors of the business community. Collectives like México Unido Contra la Delincuencia (MUCD) and ReverdeSer have played key roles in advocating for reform, arguing that prohibition fuels violence, empowers cartels, and wastes law enforcement resources.
Even former President Vicente Fox has been an outspoken advocate for such legalization. In July 2018, he joined the Khiron Life Sciences Corp. board, one of several legitimate Canadian weed companies. Fox was already on the board of Hightimes Holding Corp., which owns High Times magazine and has invested heavily in the industry.
Additionally, the movement has drawn inspiration from global trends. Advocates argue that regulation could reduce drug-related violence, generate tax revenue, and shift the focus from criminalization to public health.
Obstacles
One major obstacle is political resistance. Conservative factions and anti-drug campaigners argue that legalization could lead to increased consumption among youth or further destabilize regions already affected by cartel activity. Under the current Morena government, little has been done to move the dial in either direction, with lawmakers seemingly preferring to ignore the issue, despite repeated rulings by the Supreme Court. Meanwhile, proponents stress that criminal organizations will continue to dominate the trade without a legal market.
Another challenge is ensuring equitable access to the emerging cannabis industry. Activists emphasize the need for policies that prioritize small farmers over large corporations, particularly in rural areas where illicit cultivation has been a livelihood for generations. Advocates of marijuana legalization also often point out that the possession of marijuana is frequently used as an excuse to arrest innocent protestors or political dissidents.
What does this all mean?
While the possession of up to five grams of marijuana is not criminalized, if you decide to indulge, it’s essential to be prudent. Police shakedowns and extortion are a danger, even if you don’t exceed the limit. This is especially true in resort towns like Playa del Carmen or Acapulco.
These days, weed use is common at parties or casual get-togethers with friends. But it is still wise to be discreet, especially if you are not a citizen, or don’t have a lawyer friend you can ring up on a moment’s notice.
Senior Editor Carlos Rosado van der Gracht is a Mexican expedition/Canadian photographer, adventure leader, and PhD candidate. Born in Mérida, Carlos holds multimedia, philosophy, and translation degrees from universities in Mexico, Canada and Norway.
