Marijuana laws? The laws regarding marijuana in Mexico are federal; however, Baja California, and particularly Tijuana, have a high rate of marijuana consumption, which makes it important to conduct a specific study on the case.
In Baja California, the personal consumption of marijuana or cannabis is decriminalized, allowing a maximum possession of 5 grams. However, to possess larger quantities of marijuana or cannabis, it is necessary to have an order from a human rights judge that authorizes the possession of the desired amount, as it is a human right for the free development of personality.
However, possessing more than 5 grams without this human rights judge’s order could lead to prison sentences of at least 10 months and up to 25 years, as well as fines of up to approximately 3,000 dollars.
The crimes established by Mexican criminal law for marijuana-related offenses are as follows:
Accused a relative of a crime in Mexico? Do you need to know if it is a crime to bring weapons into Mexico? Do you need to know if it is a crime to bring marijuana into Mexico? The prosecutor is accusing me of having committed a crime that I did not commit? Has your loved one been in jail in Mexico for years?
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The concept of possession is established by Article 473, Section VI, of the General Health Law
“VI. Possession: the material possession of narcotics or when they are within the action range and availability of the person.”
Crime of Possession of Marijuana
“Article 477. A sentence of ten months to three years in prison and up to eighty days of fines will be applied to those who possess any of the narcotics listed in the table in an amount less than that resulting from multiplying the amounts listed in that table by one thousand, without the authorization referred to in this Law, when, given the circumstances of the act, such possession cannot be considered intended for commercialization or distribution, even for free.
No criminal action will be pursued for this offense against those who possess medications containing any of the narcotics listed in the table, whose sale to the public is subject to special acquisition requirements, when, due to their nature and amount, such medications are necessary for the treatment of the person possessing them or other people under the custody or care of the person who has them in their possession.”
Article 478:
The Prosecutor will not exercise criminal action for the crime described in the previous article against those who are drug-dependent or consumers and possess any of the narcotics listed in the table, in an amount equal to or lower than that specified in the same table, for their strictly personal use, and outside of the places mentioned in Section II of Article 475 of this Law. The Ministry will inform the consumer about the location of institutions or centers for medical treatment or orientation for the prevention of drug dependence”.
Crimes Established in the Federal Criminal Code
“Article 195:
A sentence of five to fifteen years in prison and a fine of one hundred to three hundred and fifty days will be imposed on anyone possessing any of the narcotics mentioned in Article 193, without the corresponding authorization referred to in the General Health Law, as long as the possession is intended to carry out any of the actions specified in Article 194 of this code.
The possession of narcotics may be investigated, prosecuted, and, where appropriate, penalized by common jurisdiction authorities according to the terms of the General Health Law, when the conditions of Article 474 of this law are met.
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When the accused possesses any of the narcotics listed in the table provided in Article 479 of the General Health Law, in an amount equal to or greater than the amount resulting from multiplying by one thousand the quantities mentioned there, it is presumed that the possession is intended to commit any of the actions described in Article 194 of this code.”
Table of Personal Drug Consumption in Mexico
Legal Help for Your Marijuana Case in Baja California
Mexican criminal laws are working to decriminalize the use of marijuana or cannabis; however, up to this point, it is still considered a serious crime affecting public health. At “Justicia Transparente,” we specialize in cases involving marijuana-related accusations.
The Mexican criminal process explained in English
