Under the new law, anyone over 18 years of age in Mexico will be able to buy and own less than 28 grams of cannabis. It is not a crime to use psychoactive substances in Mexico, but possession of a drug for the purpose of using it is classified as a crime. Even so, possession does not carry a prison sentence if the amount withheld does not exceed the upper limits established by the Guidance Table (see below), and provided that the person does not carry drugs in the places stipulated in Article 475 of the General Health Act (schools, prisons, etc.). A law will be considered “retail drug trafficking if the amount possessed is less than the result of multiplying the standard stipulated amount of a drug for personal use by 1,000.
For example, since the number of doses of marijuana that the law considers for personal use is five grams, quantities of five kilograms will be considered retail drug trafficking and will be processed locally. The amendments state that no criminal proceedings will be initiated against persons who have in their possession a quantity of drugs equal to or less than 500 milligrams of cocaine, five grams of cannabis or marijuana, 40 milligrams of methamphetamines, 2 grams of opium or 50 milligrams of heroin, among other drugs. In addition, federal prosecutors under the authority of the PGR can authorize undercover police officers to buy drugs from retail drug dealers. In addition, the amendments decriminalize drug possession by drug addicts, prioritize addiction treatment and require the Ministry of Health to establish a national program to combat this problem.
Amendments to the General Health Act and the Federal Penal Code and the Code of Criminal Procedure indicate that federal prosecutors will not prosecute people who possess drugs that include narcotics, whose sale to the public is subject to special treatment purchase requirements.
