How legal is Cannabis in Mexico?

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Aug

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2023

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How legal is Cannabis in Mexico?

Cannabis in Mexico is 100% legal; however, it is surrounded by a very complex regulation, making it difficult to work with this substance.

Pablo Esteban Chavez Garcia

Director of Administrative Law.

p.garcia@rmgsc.com

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How legal is Cannabis in Mexico?

Cannabis, or better known as “marijuana”, has been highly stigmatized for decades; however, that has not influenced its increasing consumption. Whether purely recreational or for therapeutic uses, marijuana is here to stay.

To know how legal cannabis is in Mexico, we need to know a little more about it. This plant is made up of many molecules called cannabinoids, including cannabidiol “CBD” and tetrahydrocannabinol “THC”, which have many benefits, such as: reducing stress, helping sleep, alleviating symptoms of many diseases, reducing the feeling of pain, combating migraines, and others. And that's why the cannabis industry is growing more and more, because we have finally begun to realize all these virtues.

But this time we'll focus on CBD.

Well, despite the wonders of the CBD, the government has decided to make it difficult, as there is currently little regulation and certainty surrounding cannabis and the way in which it can be worked with. The Ministry of Health, through the Federal Commission for Protection against Health Risks (COFEPRIS), has maintained its position that it has no power to authorize the use of cannabis for industrial purposes, even though it does.

And you'll wonder why you've seen products such as gummies or “CBD” drops on display cases and shelves; because this is because the “CBD” is 100% legal in Mexico, a premise that stems mainly from the last paragraph of article 245 of the General Health Act, which literally reads:

“[...] Products containing cannabis derivatives in concentrations of 1% or less of THC and that have extensive industrial uses, may be marketed, exported and imported in compliance with the requirements established in the regulation sanitary.”

Exactly, when the raw material used to make your product contains concentrations of 1% or lower of THC, it will be legal and marketable. EYE, and you must get your respective authorization issued by the Ministry of Health, from where, as I told you, the complicated thing comes from.

The reality is that the government has been very reluctant to accept this situation, so if you request an authorization for planting, cultivation, harvesting, preparation, packaging, acquisition, marketing, transport, etc., it is almost a fact that they will deny it to you, so you will have to use the adequate means of defense to compel the authority to issue that authorization because, I repeat, IT'S LEGAL, only that it is highly recommended to do so accompanied by a team of experts to advise you on the subject, since the lack of clear regulation can lead to deception.

So now you know, YES, you can work completely legally with cannabis in Mexico. Reach out to us and we'll help you do it.

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