by Donald Wood
Last updated: 7:00 PM ET, Tue April 16, 2024
Whether it’s during the April 20 holiday or to have a little
extra fun during a vacation to Mexico, more and more travelers are asking about
the legality of purchasing and using recreational marijuana when south of the
border.
As with most aspects of law and enforcement in Mexico, the
answer is complicated.
The Mexican Supreme Court ruled in June 2021 that the prohibition
of personal cannabis use was unconstitutional by a vote of 8-3, legalizing
recreational marijuana use for adults and possession of up to 28 grams.
The Supreme Court left the task of developing a legal
structure and licensing process for medical and recreational marijuana to the
country’s congressional representatives. Still, no plan has been put in place
for the legal sale, commercial growth, or production of weed.
Is marijuana legal in Mexico? (Photo Credit: kittyfly)
Can You Buy Weed in Mexico?
The lack of a proper legal framework is bad news for
travelers, as the changes only apply to Mexican citizens, and the rules for
international visitors remain unclear.
According to Mexico
News Daily, “tourists could face stricter consequences” if caught with
marijuana.
As part of an effort to protect American’s heading south of
the border for Spring Break, the United States Embassy and Consulates in
Mexico’s official
website unveiled more details in February about recreational marijuana and
other drugs.
“Drug possession and use, including medical marijuana, is
illegal in Mexico and may result in a lengthy jail sentence,” the statement
said. “U.S. citizens have become seriously ill or died in Mexico after using
synthetic drugs or adulterated prescription pills.”
Resorts in Cancun already make travelers sign a paper about no drug use, and earlier this month it was revealed Tulum may also consider having travelers sign a document stating they understand buying and consuming drugs while in Mexico is illegal.
Add in rampant reports of police
extortion—officers taking a payoff to let people go with their weed—and
tourists visiting Mexico would be wise to avoid buying or consuming
recreational marijuana until returning to a destination in the U.S. where it is
legal.
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