⚖️ Legal Status at a Glance — Mexico City, Mexico
Overview
Many of Mexico City's millions of visitors arrive believing Mexico "legalised weed" in 2021. It did not. The Supreme Court ruled that a total ban on adult personal use is unconstitutional, but Congress never wrote a law to follow it. There is no legal way to buy cannabis anywhere in the country.
The single most important thing to know: the city tolerates smoking at a handful of official "420" points, yet anywhere else, smoking in the street is an arrestable civic offence, and carrying more than 5 grams is a crime. The everyday risk for tourists in Roma, Condesa and the Centro is a police stop that turns into a demand for cash.
The Law Right Now
On 28 June 2021 the Supreme Court issued Declaratoria General de Inconstitucionalidad 1/2018 (8 votes to 3), striking down the absolute prohibition in the Ley General de Salud. Its practical effect is that adults can ask the health regulator COFEPRIS for a personal-use permit to grow and consume. It did not legalise sale, and the criminal articles of the law still apply.
Under Art. 479, the personal-use threshold for cannabis is 5 grams. Under Art. 478, the prosecutor may decline to charge someone below that amount if it is clearly for personal use and not within 300 metres of a school. Above 5 grams, simple possession carries 10 months to 3 years in prison (Art. 477). Possession intended for sale, even giving it away, carries 3 to 6 years (Art. 476).
Public use is governed by Mexico City's own Ley de Cultura Cívica. Article 28, section V makes consuming drugs in a public place an infraction, separate from any possession offence. It is a Class C infraction: a fine of 21 to 30 UMA (about MX$2,460 to MX$3,520 at the 2026 UMA of MX$117.31), or 25 to 36 hours' arrest, or community service. Police take the offender before a civic judge (Juzgado Cívico), who imposes the sanction.
Taking cannabis into or out of Mexico falls under Federal Penal Code Art. 194: 10 to 25 years. A foreign medical card is not recognised.
Realistic Consequences
If you are caught smoking in a Condesa street or Parque México, police should formally take you to a Juzgado Cívico, where a judge sets a fine or hours of arrest. In practice, many stops end with an officer threatening jail and suggesting that cash will make the problem go away. That is extortion, not a fine.
Under 5g, you can still be taken before the prosecutor; release is at their discretion, not automatic. Over 5g, several bags, or buying on the street pushes the case into criminal territory, where pretrial detention is possible. Being foreign earns no leniency and can make you a more attractive target for a shakedown.
📡 Regulation Pulse
- June–July 2025: Mayor Clara Brugada said recreational use would stay tolerated but sales would not; the city cleared 420 camps at the Estela de Luz and other busy sites over dealing.
- August 2025: official 420 points opened at the Simón Bolívar monument (Reforma), Plaza de Lectura José Saramago and Plaza de la Concepción, which moved to Plaza Tlaxcoaque after residents protested. Rules: 8am to 8pm, no sales.
- 16 January 2026: a national ban on selling all vapes, with or without nicotine, took effect, with 1 to 8 years' prison for sellers; users are exempt.
- September 2026: the Supreme Court ruled 7–2 that permit holders may cook cannabis edibles for their own use, but not sell or share them. No legalisation bill is moving in Congress.
Public Sentiment
Polls disagree. A Chamber of Deputies (CESOP) survey reported in February 2024 found 66.4% backing legalisation, yet 75.2% wanted public consumption prohibited; an El Financiero poll from July 2020 had 58% opposed. The city tolerates smoking in designated places, not sale.
Practical Advice for Visitors
Do not smoke in the street, parks or on terraces. Outside the official 420 points, public use can mean up to 36 hours' arrest.
Never carry more than 5 grams, and never carry near a school. Above that line it is a criminal case, not a civic fine.
Do not buy from street sellers or "dispensary" shops. No shop in Mexico is licensed to sell THC, and buying is how many tourists first meet police.
Do not hand cash to an officer on the street. Any fine is set by a civic judge. Ask to be taken to the Juzgado Cívico, note the officer's name and badge number, and call your consulate.
Do not buy or bring THC vapes. Vape sales have been banned nationwide since January 2026, and the illegal market is unregulated.
Never take cannabis through Mexico City airport, in either direction. Import or export carries 10 to 25 years, and a COFEPRIS permit or foreign medical card is no defence.
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