Mexico has undergone significant changes in its cannabis regulations in recent years, moving towards a more liberal stance on cannabis use, particularly for medical and personal use. Here’s a detailed overview of the current regulations, recent legislative changes, and the status of inhalable CBD products in Mexico:
Cannabis and Hemp Regulations
- Medical Cannabis:
- Legalization Date: Medical cannabis was legalized in June 2017. This change allowed for the use of cannabis and its derivatives for medical purposes, following regulations issued by the Mexican Ministry of Health. The law specifies that THC content in medical cannabis must not exceed 1%.
- Regulations: The regulations for medical cannabis require importers, manufacturers, and growers to obtain licenses from the Mexican health authority, COFEPRIS (Federal Commission for the Protection against Sanitary Risk).
- Decriminalization and Recreational Use:
- Decriminalization: In 2009, Mexico decriminalized the possession of small amounts of cannabis and other drugs. Specifically, the possession of up to 5 grams of cannabis is not subject to prosecution.
- Supreme Court Rulings: Between 2015 and 2018, the Mexican Supreme Court issued several landmark decisions declaring the prohibition of recreational cannabis use unconstitutional. The Court ruled that adults have a fundamental right to personal development which includes the freedom to engage in recreational activities, including the consumption of cannabis.
- Legislation Attempts: Despite the Supreme Court’s mandate to regulate recreational cannabis, the Mexican Congress has struggled to pass comprehensive legislation. Various bills have been proposed and debated, but as of early 2024, a final, comprehensive law regulating recreational cannabis use has not been enacted.
Recent Legislative Attempts
- Failed Legalization Bills: In 2021, legislation to legalize and regulate recreational cannabis use was passed by the Senate but ultimately stalled in the lower house of Congress. The bill would have established regulations for the commercial production and sale of cannabis, allowing adults to possess and cultivate larger amounts for personal use.
- Ongoing Discussions: Legislative efforts continue, with ongoing discussions and proposals aimed at creating a regulated cannabis market. The goal is to reduce drug-related violence and provide economic opportunities through legal channels.
Inhalable CBD Products
- CBD Regulations: Mexico allows the sale of CBD products, including those for inhalation, as long as they contain less than 1% THC. These products are subject to regulation by COFEPRIS.
- Market for CBD: There is a growing market for CBD products in Mexico, including tinctures, oils, and inhalable products like vaporizers. The legal framework for these products is still developing, but they are increasingly available both in stores and online.
In summary, while Mexico has made significant strides toward liberalizing its cannabis laws, particularly for medical and personal use, the full legalization and regulation of recreational cannabis remain a work in progress. The country continues to face challenges in balancing public health concerns, economic opportunities, and legislative action.
