Over the past decade, Mexico has undergone significant changes in its approach to cannabis legislation. From initial decriminalization efforts to Supreme Court rulings, the country has been moving towards a more permissive stance on cannabis use. This article explores the key milestones, legislative developments, and underlying reasons for Mexico’s evolving cannabis policies.
Legislative Milestones
2009: Decriminalization of Small Possession
In August 2009, Mexico decriminalized the possession of small amounts of cannabis and other drugs. Under this reform, individuals found with up to five grams of cannabis were not subject to criminal prosecution but were encouraged to seek treatment if deemed necessary. This policy aimed to focus law enforcement efforts on major drug traffickers rather than individual users: Wikipedia
2015: Supreme Court Recognizes Personal Use Rights
On November 4, 2015, Mexico’s Supreme Court ruled that prohibiting individuals from growing and consuming cannabis for personal use was unconstitutional. This decision was based on the argument that such prohibitions violated the right to the free development of one’s personality. While the ruling applied specifically to the plaintiffs, it set a legal precedent for future cases: Time, NPR
2018: Binding Precedent Established
By October 31, 2018, the Supreme Court had issued five similar rulings, establishing a binding precedent that declared the prohibition of personal cannabis use unconstitutional. This compelled the Mexican Congress to legislate on the matter within 90 days. However, Congress failed to meet this deadline, leading to multiple extensions: Human Rights Watch
2021: Supreme Court Decriminalizes Recreational Use
On June 28, 2021, the Supreme Court voted 8–3 to decriminalize the recreational use of cannabis. This ruling invalidated laws that prohibited personal consumption and home cultivation, effectively legalizing these activities for adults. However, the decision did not establish a regulatory framework for the commercial sale or distribution of cannabis: Reddit, The Guardian
Current Legal Status
As of 2025, the legal landscape for cannabis in Mexico is as follows:
- Personal Use: Adults are permitted to possess up to 28 grams of cannabis and cultivate up to six plants for personal use.(Wikipedia)
- Medical Use: Medical cannabis with low THC content was legalized in 2017, allowing for the use of cannabis-based products for therapeutic purposes.
- Commercial Sale: Despite the Supreme Court’s rulings, there is still no comprehensive legislation regulating the commercial production and sale of cannabis. Efforts to pass such legislation have stalled in Congress, leaving a legal gray area for businesses and consumers.
Reasons Behind the Legislative Changes
Several factors have influenced Mexico’s shift towards decriminalizing cannabis:
1. Human Rights Considerations
The Supreme Court’s decisions emphasized the right to the free development of one’s personality, arguing that individuals should have the autonomy to decide on personal matters, including cannabis use, without undue government interference.
2. Reducing Drug-Related Violence
By decriminalizing personal use, the government aimed to reduce the burden on the criminal justice system and focus resources on combating organized crime and drug trafficking, which have been significant sources of violence in the country.
3. Public Health Approach
Shifting from a punitive to a public health approach, the decriminalization efforts sought to treat drug use as a health issue rather than a criminal one, promoting education and treatment over incarceration.
Conclusion
Mexico’s journey towards cannabis decriminalization reflects a broader trend of reevaluating drug policies through the lenses of human rights, public health, and social justice. While significant progress has been made, particularly through judicial rulings, the absence of comprehensive legislation regulating the commercial aspects of cannabis remains a challenge. As public opinion continues to evolve and pressure mounts on lawmakers, the future may hold further reforms to fully integrate cannabis into Mexico’s legal and economic frameworks.