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Is marijuana legal in Mexico?

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About 25 years ago I was vacationing in Puerta Vallarta. My hotel neighbors were on their deck smoking cannabis. I had my sliding deck door open.

There was a loud knock on the hotel room door and a hotel rent a cop tried to get in my face about the cannabis smell from my room. As a happenstance I wasn’t toking.

“Not me” I said. The rent a cop grabbed my arm and said “ come with me”.

I resisted. “ you have the wrong person,”

Then my husband came into the room from the bar. He was a drummer and had played with the hotels band the 3 nights we’d been there.

The rent a cop recognized him and said “ Senior Jerry”. This is your room?”

My husband looked like Jerry Garcia.

“Yes and that’s my wife you have your hand on”.

I explained the scent was coming from outside and my deck doors were open - meanwhile my husband went on the deck and told the people to cool it.

It’s funny because back then the only cannabis I could get in the US was bad Mexican cannabis. But the rent a cop was looking for a pay off. He thought he could scare us into paying him to not take us in.

Last time I was in Puerto Vallarta things were very different. I could buy openly on any street corner. Smoke in the hotel and no one braced me for it wanting a pay off.

Are narcotics legal in Mexico?

Narcotics are not legal in Mexico.

In November 2015 the Mexican Supreme Court (Primera Sala de la Suprema Corte de Justicia de la Nación) ruled as unconstitutional the articles 233, 237, 245, 247 and 248 of the General Health Law (Ley General de Salud), articles pertaining to the prohibition of planting, cultivation, harvesting, preparation, possession and transportation of cannabis.

This ruling, although defending the plaintiffs’ right to consume cannabis, did not change the law (amending the law corresponds to the legislative branch). Additionally, the court did not rule on the prohibition of the purchase and sale of cannabis, leaving no precedence (or defense) on this matter.

Institutionalized corruption being prevalent in Mexico the use or possession of cannabis therefore represents a real danger for extortion, incarceration and deportation.


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