By 2025, it is expected that the global hemp flower market will grow to a whopping $26.6 billion. That, coupled with the fact that Mexico is an excellent geographical location for growing hemp, makes it a very attractive business. The only problem? Laws.
Mexico has had difficulty trying to figure out what it wants to do with the hemp and cannabis industry. So, let’s clean up the confusion about the Mexican laws on hemp and what they mean for you.
A brief history of Mexico’s hemp flower laws
In the 1940s, hemp was banned in Mexico partly due to pressure from the US. However, the Mexican government did allow growing cannabis and hemp flowers under its supervision for medicinal purposes, and growers were taxed.
But due to the US growing pressure, Mexico soon banned this regulated production and the hemp flower and cannabis business vanished from the legal landscape for about 25 years.
Where the laws on Mexican hemp flower currently stand?
Mexico is currently working to legalize hemp flower and marijuana along two pathways.
The first is the legalization of hemp flowers for medicinal use, which started in 2017 when Mexican President Enrique Peña Nieto approved a bill updating Mexico’s general health law. This bill allowed medicinal use of hemp that had a THC concentration of less than 1%.
If you’re wondering, THC is the active ingredient of marijuana, making people “high” and addicted to it. The primary difference between hemp flower and marijuana is that hemp contains a negligible THC amount, so people can safely use it for productive purposes (without the risk of addiction).
Under the 2017 bill, hemp can only be used for medical and research purposes. The bill doesn’t allow hemp flower cultivation, which means access to hemp is still tricky and restricted.
The other pathway to hemp legalization involves legalizing hemp flower and marijuana for all uses (not just medical and industrial). A Supreme Court order sparked this in 2018, which termed the ban on cannabis as “unconstitutional.”
Following this order, a bill calling for establishing a commercial market for hemp and recreational marijuana was approved by the Senate.
Under this bill, hemp would still have a 1% THC limit, but adults would be allowed to possess 28 grams and cultivate four plants personally. The bill also proposes establishing several licenses for the import, export, sale, commercialization, and cultivation of hemp flowers. ‘
Unfortunately, the full Mexican Congress has still not voted on the bill due to the COVID-19 pandemic.
What all these laws mean for you
As you saw, the legal aspect of hemp is fairly complicated in Mexico. If anything, legislation is still embryonic, and it will take time before clear laws are established.
But keeping laws aside, how does growing and buying hemp flowers in Mexico look like in reality?
Well, under the 2018 bill, you can cultivate four plants personally at home. Each household is allowed a maximum of six plants.
With regards to buying hemp, things get a bit more complicated.
There are not many options for buying hemp and CBD within Mexico, so naturally, most people turn to the US or Europe for quality products. Now, most people who order from the US or Europe get their orders without a problem.
However, the possibility of getting your order confiscated at the border always exists. Why? Technically, import (and export) of hemp flowers in Mexico currently requires authorization from a regulatory body called COFEPRIS.
There are three steps you need to follow to import hemp in Mexico.
1) Fill a form requesting permission to import cannabis from COFEPRIS
2) Provide your medical prescription
3) Attach a Certificate of Analysis (CoA) to your product — to ensure it doesn’t exceed the 1% THC limit
After you follow these steps, COFEPRIS will get back to you within three days.
So, is it legal to buy hemp flowers in Mexico?
Yes! CBD products containing less than 1% THC are legal in Mexico. However, only a handful of CBD products have been officially approved by COFEPRIS for sale within Mexico.
These include supplements, cosmetics, raw materials, and food CBD items.
Of course, with such limited options, many people import their hemp from the USA, and as already mentioned, not many have experienced problems getting their orders.
Is carrying hemp flowers illegal in Mexico?
Unless the 2018 bill legalizing recreational use of hemp and marijuana is approved, Mexico allows you to carry only 5 grams of hemp.
If you’re found with over 5 grams of hemp, you might receive a prison sentence.
On the other hand, if you’re found with less than 5 grams of hemp, the police will need to see evidence that it’s meant for immediate personal consumption. This means you should not be found outside a school or prison carrying hemp!
Once the 2018 bill is passed, Mexican laws will allow you to carry up to 28 grams of hemp flowers.
To put it all together…
In summary, Mexican laws are set to allow you to grow up to four hemp flower plants at home and possess 28 grams of it soon.
However, if you decide to import hemp from the USA or Europe, the laws require you to obtain permission from COFEPRIS. But keep in mind — most people who order hemp flowers online without going through COFEPRIS get their orders easily!