Laws and Regulations

Is CBD Legal in Mexico?

Written by Robert Hammell

Mexico has been disproportionately affected by the War on Drugs, and because of that cannabis legalization is a constantly evolving topic.[1] For some, cannabis use is stigmatized as It is a means to support Mexican drug cartels.[2] For others, it is emerging as the most potent weapon to stop drug crimes. The question is, where does a cannabinoid like CBD and other hemp derived products fit into this spectrum.

Hemp and CBD in Mexico
Currently, hemp in its flower form is illegal in Mexico.[3] This is because, to the naked eye, it is almost indistinguishable from THC flowered cannabis. Chemically, there is a large difference between these plants, but it requires complex lab equipment and procedures to confirm those differences.[4] For most of the law enforcement community in Mexico, it is impractical to separate the difference, hence the reliance on how the plant looks. However, according to the Mexican General Health Law, CBD is permitted in Mexico if it contains less than 1 percent THC and is used for either dietary or cosmetic purposes.[5] These uses are heavily regulated, though, and it is difficult for any CBD product to reach the market.

Regulations Governing CBD in Mexico
CBD has been regulated in Mexico since 2017, but there are strict controls in place to manage the supply and distribution.[6] Manufacturers must prove the source, the quality, the destination, and the procedures being used on the hemp before they are eligible for a license from the Mexican Department of Health (COFEPRIS).[7] This is meant to ensure that the product is not only safe for consumers, but that manufacturers are sourcing their CBD from legal suppliers. All of this may be subject to change, though, as both the judicial and legislative branches of government have pushed for more open cannabis regulations.[8][9] Until then, the question of CBD’s legality in Mexico will remain in flux.


Reference List

1. Vatican News. (2021, April 9). Mexico marks grim death toll in long-running drug war.
https://www.vaticannews.va/en/world/news/2021-04/mexico-drug-war-85000-victims-governement-report.html

2. Agoff, C., Fondevila, G., & Sandberg, S. (2021). Cultural stigmatization and police corruption: cannabis, gender, and legalization in Mexico. Drugs: Education, Prevention and Policy, 29(4), 373–381.
https://doi.org/10.1080/09687637.2021.2004089

3. Mexico: Hemp Regulation and Trade in Mexico. (2022, February 28). USDA Foreign Agricultural Service.
https://www.fas.usda.gov/data/mexico-hemp-regulation-and-trade-mexico

4. Study Will Help Labs Distinguish Between Hemp and Marijuana. (2021, January 21). NIST.
https://www.nist.gov/news-events/news/2021/01/nist-study-will-help-labs-distinguish-between-hemp-and-marijuana

5. Mexico’s General Health Law Regulations for the Production, Investigation, and Medicinal Use of Cannabis and Derivatives. (n.d.). The National Law Review.
https://www.natlawreview.com/article/mexico-s-general-health-law-regulations-production-investigation-and-medicinal-use

6. CMS Law. (2021, April 15). CANNABIS LAW AND LEGISLATION IN MEXICO. Retrieved December 7, 2022, from https://cms.law/en/int/expert-guides/cms-expert-guide-to-a-legal-roadmap-to-cannabis/mexico#:~:text=The%20Mexican%20General%20Health%20Law,if%20they%20fulfil%20sanitary%20requirements.

7. nutraingredients-latam.com. (2019, May 22). Mexico’s cannabis future? Right now it’s a “standby situation”, says expert. https://www.nutraingredients-latam.com/Article/2019/05/22/Mexico-cannabis-regulation-CBD-law-food-and-
supplements-COFEPRIS

8. Agren, D. (2021b, June 29). Mexico supreme court strikes down laws that ban use of recreational marijuana. The Guardian.
https://www.theguardian.com/world/2021/jun/28/mexicos-high-court-strikes-down-laws-that-ban-use-of-recreational-marijuana

9. Lopez, O. (2021b, March 20). Mexico Passes Bill to Legalize Cannabis. The New York Times.
https://www.nytimes.com/2021/03/10/world/americas/mexico-cannabis-bill.html

About the author

Robert Hammell