The Current State Of Cannabis In Mexico

This article was originally published on Hoban Law Group, and appears here with permission.

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!

Read the original Article on Hoban Law Group.

Benzinga's Related Links: 

Posted In: Cannabis ContributorsMexicoCannabisMarkets

Ad Disclosure: The rate information is obtained by Bankrate from the listed institutions. Bankrate cannot guaranty the accuracy or availability of any rates shown above. Institutions may have different rates on their own websites than those posted on Bankrate.com. The listings that appear on this page are from companies from which this website receives compensation, which may impact how, where, and in what order products appear. This table does not include all companies or all available products.

All rates are subject to change without notice and may vary depending on location. These quotes are from banks, thrifts, and credit unions, some of whom have paid for a link to their own Web site where you can find additional information. Those with a paid link are our Advertisers. Those without a paid link are listings we obtain to improve the consumer shopping experience and are not Advertisers. To receive the Bankrate.com rate from an Advertiser, please identify yourself as a Bankrate customer. Bank and thrift deposits are insured by the Federal Deposit Insurance Corp. Credit union deposits are insured by the National Credit Union Administration.

Consumer Satisfaction: Bankrate attempts to verify the accuracy and availability of its Advertisers' terms through its quality assurance process and requires Advertisers to agree to our Terms and Conditions and to adhere to our Quality Control Program. If you believe that you have received an inaccurate quote or are otherwise not satisfied with the services provided to you by the institution you choose, please click here.

Rate collection and criteria: Click here for more information on rate collection and criteria.