The Evolution of Recreational Cannabis Laws in Mexico

 

A person wearing gloves holding marijuana leaves in their hand

Did you know the Mexican government declared the prohibition of marijuana unconstitutional last year? Mexico is home to many indigenous people hailing from cultures like the Otomi who use cannabis in their rituals. An outright ban on recreational cannabis use breaches the rights of these cultures, so the government decided to legalize it. But what were recreational cannabis laws like before it was legalized, and what brought about the change?

Here's a look at how recreational cannabis laws in Mexico have evolved.

2009: Cannabis is Decriminalized

A cannabis plant

The Mexican government ruled to decriminalize cannabis in 2009. Under the new law, any adult caught by legal authorities with cannabis on their person was asked to enroll in a drug rehabilitation program. Before the law was introduced, the penalties for cannabis possession included a fine and possible arrest.

Ex-president Felipe Calderon introduced this law to free up time for law enforcement agencies to try and catch drug traffickers. In other words, the law was passed to shift the emphasis from individuals to large-scale drug operations run by Mexico’s infamous cartels.

2015: Supreme Court Permits Growing and Consuming Your Own Cannabis

Cannabis buds in a Tupperware container

Cannabis decriminalization meant lower incarceration rates for those possessing cannabis for recreational use. However, it didn’t change the fact that many Mexicans had to buy their cannabis from unlawful suppliers. Some of these dealers worked for cartels, creating more work for law enforcement agencies.

In response, the Mexican government allowed four adults from the Mexican Society for Responsible and Tolerant Use to grow and consume cannabis recreationally in 2015. This was the first time the government acknowledged that the prohibition of marijuana was potentially unconstitutional.

2021: Recreational Cannabis Use is Legalized

A woman using a lighter to light a cannabis joint

In 2018, the Supreme Court of Mexico officially acknowledged that cannabis prohibition is unconstitutional under the watch of newly elected president Andrés Manuel López Obrador. This set a cannabis legalization bill into motion that was met with a 319-219 vote in favor when it was brought to the lower house of the Mexican Congress in March 2021.

By June 2021, the Supreme Court of Mexico had legalized adult cannabis use but refused to amend current legislation outlawing the sale of cannabis in Mexico. Currently, the Mexican government is still in the process of amending the Federal Penal Code and has yet to advise law enforcement on how to approach recreational cannabis users.

2022 Onwards: It’s Still Illegal to Bring Cannabis Across the Border

Despite the numerous legislative changes on cannabis in Mexico, bringing cannabis across the US-Mexico border remains illegal. If you forget this and accidentally bring cannabis to Mexico, we recommend getting in touch with an experienced marijuana crimes lawyer like Fabian Meneses of Meneses Legal as soon as possible.

Fabian and his team at Meneses Legal are some of the best criminal defense lawyers in Mexico. They specialize in defending clients charged withdrug-related crimes such as possessing or selling cannabis, as well as those embroiled in contraband smuggling, sex crimes, firearms-related crimes, or homicide cases. They publish informative content on their website on topics related to their services and provide answers to several frequently asked questions.

If you’re eager to find out why Fabian and his team of criminal defense lawyers at Meneses Legal are regularly lauded by their clients, contact them by emailing info@meneseslegal.com today. Alternatively, you can message them on their website or dial 619-777-8627 (USA).

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