Mexico's cannabis regulations are among the most actively changing in the region. The SCJN (Supreme Court) ruling, the 2021 medical cannabis decree, and ongoing Congressional debate on adult-use legislation create a complex and shifting legal landscape. Always verify current rules with COFEPRIS directly before any import or export activity.
Legal Framework
Key legislation and rulings governing cannabis trade in Mexico
SCJN Ruling (Jurisprudencia 1a./J. 28/2021)
Mexico's Supreme Court declared the blanket prohibition on recreational cannabis unconstitutional. This ruling decriminalized personal use but did NOT legalize commercial trade or establish an import/export framework. It applies to personal possession up to ~5g.
Medical Cannabis Decree (DOF June 19, 2021)
Published in the Diario Oficial de la Federación, this decree established the framework for medical cannabis production, processing, and sale under COFEPRIS oversight. It explicitly permits import and export of medical cannabis products under COFEPRIS authorization — the first legal pathway for cross-border cannabis trade in Mexico.
Ley General de Salud (General Health Law)
The primary legislation governing health products in Mexico, including narcotics and psychotropic substances. Cannabis falls under this law. Articles 234 and 237 address cannabis scheduling. Medical cannabis was moved from the prohibited list to the permitted list for medical/scientific purposes by the 2021 decree.
Customs Law (Ley Aduanera) & SAT
All imports and exports of cannabis must be declared to Mexican customs (Servicio de Administración Tributaria — SAT / Aduana). COFEPRIS permits must accompany shipments. Cannabis not accompanied by valid COFEPRIS documentation is subject to seizure and criminal charges.
Key Agencies
Mexican federal bodies involved in cannabis regulation and trade
Required Documents
Documentation for medical cannabis import/export involving Mexico
Export from Mexico — Medical Cannabis
COFEPRIS Required- COFEPRIS Export Permit (Permiso de Exportación): Application via cofepris.gob.mx; specify product, quantity, destination, and recipient authorization
- INCB Export Authorization: Required under the 1961 UN Convention for cannabis exports to most countries
- Receiving Country Import Authorization: Official document from the destination country's competent authority
- Certificate of Analysis (COA): From a COFEPRIS-approved laboratory confirming cannabinoid content, purity, and safety
- Good Manufacturing Practice (BPM) Certificate: BPM certification required for pharmaceutical-grade medical cannabis exports
- Pedimento de Exportación (SAT/Customs): Formal export declaration with COFEPRIS permit number, product HS code, value, and description
- DUNS / Tax ID (RFC) of Exporter: Required for SAT processing
- Factura (Commercial Invoice): Detailed invoice in Spanish with all regulatory reference numbers
Import to Mexico — Medical Cannabis
COFEPRIS Required- COFEPRIS Import Permit (Permiso de Importación): Essential first step; describes product, quantity, origin, and authorized use
- Exporter's Export Authorization: Documentation from origin country's competent authority
- Phytosanitary Certificate (SENASICA): Required for plant material; issued by origin country's plant health authority
- COA from Origin Country Laboratory: Must be from an accredited laboratory recognized by COFEPRIS
- Pedimento de Importación (SAT): Customs import declaration; IVA (16%) and applicable duties apply
- VUCEM (Single Window for Foreign Trade): All import/export documentation must be submitted through Mexico's VUCEM digital platform
- Storage and Security Plan: COFEPRIS may require documentation of secure storage at the destination facility
The US-Mexico border is one of the most heavily scrutinized in the world for drug trafficking. Even with valid COFEPRIS permits and Health Canada (or DEA) authorization on the US side, cannabis crossing the US-Mexico border faces federal enforcement by both CBP (US) and SAT/GN (Mexico). At the current time there is no legal pathway for cannabis trade across the US-Mexico land border for commercial purposes.
⚡ Critical Points to Watch — Mexico
- SCJN ruling ≠ free trade. The Supreme Court ruling only decriminalized personal use — it did not create a commercial trade framework. Import/export of commercial quantities remains illegal without COFEPRIS authorization.
- Regulations are still being written. The 2021 medical decree created a framework but secondary regulations (normas oficiales) are still being finalized. Practices may vary between COFEPRIS offices. Verify current requirements directly.
- VUCEM is mandatory. All trade documentation must flow through Mexico's Single Window for Foreign Trade (VUCEM) digital platform — paper-only documentation is insufficient.
- Cannabis on the US-Mexico border is extremely high-risk. Even with documentation, border crossings are not a safe environment for cannabis trade. Both countries' federal enforcement agencies operate aggressively at this border.
- IVA (16% VAT) applies to medical cannabis imports. Budget accordingly and ensure commercial invoices correctly reflect product values for customs purposes.
- No adult-use export framework exists yet. While domestic adult-use legislation is pending, no framework for recreational cannabis export has been proposed or enacted.
📋 Legal Disclaimer
For informational purposes only. Not legal advice. Mexico's cannabis regulatory framework is evolving rapidly. Regulations described here reflect the position as of March 2026. Consult a Mexican attorney specializing in health law and a COFEPRIS regulatory consultant before any import or export activity. Last updated March 2026.
📚 References
- COFEPRIS — Cannabis Regulations: gob.mx/cofepris
- DOF — Decreto Medical Cannabis (June 19, 2021): dof.gob.mx
- SCJN — Jurisprudencia 1a./J. 28/2021: scjn.gob.mx
- SAT — VUCEM Platform: ventanillaunica.gob.mx
- INCB — UN Narcotic Drug Control: incb.org