Hoban Law: The Current State of Cannabis in Mexico

Hoban Law: The Current State of Cannabis in Mexico

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Is Cannabis legal in Mexico?

The short answer is that it depends on the use. Mexico is in the process of cannabis legalization. As of today, the harvesting, growing, transporting, and sale of adult use cannabis is expressly prohibited by law and sanctioned by the Federal Criminal Code. However, there are specific rules in place for medical use allowing such activities. Cannabis is expressly treated as a pharmacological product and excludes regulation of dietary or food supplements and herbal remedies (i.e. CBD oils and extracts). Also, adult use is allowed provided you have a judicial resolution known as an “amparo”, similar to an injunction in the U.S.

Is Hemp legal in Mexico?

Although current legislation does not differentiate cannabis from hemp, the current Cannabis Bill makes a distinction between cannabis and non-psychoactive cannabis or industrial hemp with a threshold at 1% THC. If and when the bill is approved, hemp will be regulated by the Ministry of Agriculture and Rural Development (SADER), and will have specific rules, different from those that will apply to psychoactive cannabis.

Are Cannabis medical products legal in Mexico?

Yes. Medical products have been fully authorized for its use in Mexico. Such products must comply with the requirements that apply for pharmacological products in addition to other sanitary control measures. Cultivation, manufacturing, sale, import and related activities do require a special authorization. Patients seeking cannabis medication must have a controlled prescription form an authorized medical professional.

If CBD is not legal in Mexico yet, why do I see people buying and selling products?
With very few exceptions, most CBD products currently sold through social media or online platforms do not have government authorizations and/or were illegally imported into Mexico. Law enforcement is increasingly taking action to seize and crack down on these activities.

Can I grow Cannabis in Mexico?

Cultivation is currently authorized only for medical use, provided certain conditions and special requirements are met. For adult or recreational use, an “amparo” may be obtained from a court for home grow. The current bill, if approved, will allow personal cultivation of up to eight plants per household and for commercial purposes.

Can I consume Cannabis in Mexico?

Cannabis consumption in Mexico exists within a gray area. An individual can have possession of no more than 5 grams of cannabis without being arrested. Notwithstanding the foregoing, administrative sanctions may apply (fines and detention under 72 hours). As mentioned above, an “amparo” may be obtained through a legal procedure that could take between 6-12 months based on the Supreme Court’s ruling in which total prohibition of its consumption was declared unconstitutional.

Can I export Cannabis products to Mexico?

Only medical products are authorized for customs entrance into Mexico. Such products may have special authorization from the Federal Commission for the Protection against Sanitary Risks (COFEPRIS).

When should I be able to invest in the Cannabis industry in Mexico?

It is uncertain if or when the Cannabis Bill will be approved. We expect certain changes to be implemented in the short and medium-term for a gradual legalization. This said, the industry for medical and scientific research is open and opportunities are available to participate throughout the value chain.

If you have any questions, please contact Hoban.Law today!

By |May 5th, 2021|HLG Global

New

Cannabis Law Journal – Editorial Board Members

Editor – Sean Hocking

Author Bios

Canada
Matt Maurer – Minden Gross
Jeff Hergot – Wildboer Dellelce LLP

Costa Rica
Tim Morales – The Cannabis Industry Association Costa Rica

Nicaragua
Elvin Rodríguez Fabilena

USA

General
Julie Godard
Carl L Rowley -Thompson Coburn LLP

Arizona
Jerry Chesler – Chesler Consulting

California
Ian Stewart – Wilson Elser Moskowitz Edelman & Dicker LLP
Otis Felder – Wilson Elser Moskowitz Edelman & Dicker LLP
Lance Rogers – Greenspoon Marder – San Diego
Jessica McElfresh -McElfresh Law – San Diego
Tracy Gallegos – Partner – Fox Rothschild

Colorado
Adam Detsky – Knight Nicastro
Dave Rodman – Dave Rodman Law Group
Peter Fendel – CMR Real Estate Network
Nate Reed – CMR Real Estate Network

Florida
Matthew Ginder – Greenspoon Marder
David C. Kotler – Cohen Kotler

Illinois
William Bogot – Fox Rothschild

Massachusetts
Valerio Romano, Attorney – VGR Law Firm, PC

Nevada
Neal Gidvani – Snr Assoc: Greenspoon Marder
Phillip Silvestri – Snr Assoc: Greenspoon Marder

Tracy Gallegos – Associate Fox Rothschild

New Jersey

Matthew G. Miller – MG Miller Intellectual Property Law LLC
Daniel T. McKillop – Scarinci Hollenbeck, LLC

New York
Gregory J. Ryan, Esq. Tesser, Ryan & Rochman, LLP
Tim Nolen Tesser, Ryan & Rochman, LLP
Cadwalader, Wickersham & Taft LLP

Oregon
Paul Loney & Kristie Cromwell – Loney Law Group
William Stewart – Half Baked Labs

Pennsylvania
Andrew B. Sacks – Managing Partner Sacks Weston Diamond
William Roark – Principal Hamburg, Rubin, Mullin, Maxwell & Lupin
Joshua Horn – Partner Fox Rothschild

Washington DC
Teddy Eynon – Partner Fox Rothschild