Cannabis in Cabo San Lucas
In the fall of 2019, the Mexican Supreme Court (SCJN) made a historic ruling declaring laws prohibiting the use of marijuana as unconstitutional. In September 2020, they granted lawmakers an extension until December 15th to formulate new legislation pertaining to the recreational use of marijuana. Subsequently, this deadline was further postponed to April 2021. In the summer of 2023, Mexico’s justice and legislative study commissions are set to reconvene, aiming to chart the course toward legalization.
In recent years, Mexico has taken steps toward legalizing cannabis, but the process remains incomplete. While significant strides have been made, particularly through Supreme Court rulings, the legal framework for recreational use is still a work in progress.
With a new Presidential administration in the fall of 24′, 2025 anticipates a crucial vote in the Mexican Senate regarding a bill to legalize marijuana. This development heralds positive change for Mexico and holds great promise for tourist destinations such as Cabo San Lucas.
Frequently Asked Questions about Cannabis in Cabo
1. Is it legal to buy weed in Los Cabos?
As of my last update, in Mexico, the Supreme Court decriminalized the private recreational use of cannabis for adults, but the comprehensive regulation for a legal market had not been fully established as of Spring, 2024. This means while possessing small amounts for personal use has been decriminalized, buying and selling outside of medical or scientific purposes remain in a legal gray area. Being caught consuming or carrying even small amounts in Cabo San Lucas could lead you to jail and/or large fines unknown or unestablished.
2. Where can I buy cannabis legally in Los Cabos?
The legal purchase of cannabis for recreational use in Los Cabos is not widely available due to the absence of a fully established legal market. Medical marijuana, however, can be obtained through authorized dispensaries with a prescription. It’s crucial to purchase from legitimate sources to ensure safety and legality and, to have the proper documentation to consume as a citizen. Tourism for cannabis is strongly discouraged at this time.
3. What is the legal age for purchasing marijuana in Cabo San Lucas?
In line with federal legislation in Mexico, the legal age for cannabis consumption is 18. This is consistent with the general legal age for the consumption of tobacco and alcohol in the country.
4. How much marijuana can I legally possess in Los Cabos?
Mexican law allows individuals to possess up to 5 grams of marijuana for personal use. Possession of amounts exceeding this limit without proper authorization can lead to legal consequences. Further, proper documentation to consume as a citizen would be required. Cannabis tourism is strongly discouraged at this time.
5. Can I grow my own cannabis in Cabo?
The Supreme Court ruling allows for the personal cultivation of cannabis for recreational use, subject to certain restrictions and the need for permits. Individuals interested in growing their own should seek the latest legal guidelines and obtain necessary permits to ensure compliance.
6. Is it safe to buy weed from street vendors in Los Cabos?
Buying cannabis from street vendors is risky and potentially illegal. Likely, it is not of a legal nature and can be assumed to be cartel-related products with distribution geographical conflicts. Products may be unsafe or of poor quality, and transactions could involve legal risks even with private transportation in Cabo. It’s recommended to wait for a regulated market or seek legal, medical channels for safe access.
7. Can I consume cannabis in public in Los Cabos?
Public consumption of cannabis in Mexico is generally prohibited, especially in places where tobacco smoking is banned, near schools, or in other public spaces. Private use, however, has been decriminalized under certain conditions.
8. Are edibles and concentrates available in Los Cabos?
While the legal market for recreational cannabis, including edibles and concentrates, is not fully established, such products may be available through medical dispensaries or unregulated sources. Caution and adherence to local laws are advised when seeking these products.
9. Can I bring marijuana into Los Cabos from another country?
Importing marijuana into Mexico, including Los Cabos, is illegal regardless of the legality of cannabis in the country of origin. Travelers are advised not to bring cannabis across borders to avoid serious legal consequences. SJD Airport is a port of entry for air travelers and subject to Mexican customs inspections on entry.
10. What are the penalties for illegal possession or sale of cannabis in Los Cabos?
Penalties for illegal possession beyond the decriminalized amount or sale of cannabis can include fines, confiscation, and imprisonment. The severity of penalties depends on the amount and intent (personal use vs. trafficking). Legal guidance should be sought in such situations.
Cannabis in Mexico: Legalization, Restrictions, and What Tourists Need to Know
Supreme Court Rulings and Progress Toward Legalization
Mexico’s Supreme Court has played a pivotal role in advancing cannabis legalization. In 2018, the Court declared the prohibition of recreational marijuana unconstitutional, citing it as a violation of personal freedoms. This ruling set the stage for legislative changes and required Mexico’s Congress to draft laws regulating the recreational use of cannabis.
Despite multiple extensions, Congress has yet to finalize these regulations, leaving a legal gray area. The Supreme Court’s 2021 decision officially removed laws banning recreational marijuana but stopped short of creating a regulated market. Until formal legislation is enacted (slated for 2025), the sale, purchase, and public use of cannabis is restricted in Mexico.
Cannabis Restrictions in Tourist Destinations Like Los Cabos
Tourist destinations, including Los Cabos, follow national guidelines, which currently restrict the public use of cannabis. While private possession of small amounts (up to 28 grams) is decriminalized, carrying more than this can lead to fines or imprisonment. Tourists should also note:
• Public consumption of cannabis is not allowed, even in liberal areas like Cabo San Lucas or San José del Cabo.
• The sale of cannabis products remains illegal without a licensed market. Purchasing marijuana from street vendors or unregulated sources can result in legal trouble.
Customs Enforcement at Ports of Entry
Travelers arriving at Los Cabos International Airport (SJD) or other ports of entry should be cautious. Mexican customs officials have full authority to enforce drug laws. Possession of cannabis, even in small amounts, can lead to delays, fines, or confiscation of the product. Transporting cannabis across international borders—whether bringing it into or out of Mexico—is strictly prohibited and can result in severe penalties.
Penalties for Violations
The penalties for cannabis-related offenses in Mexico can vary based on the amount in possession:
• Under 28 grams: Typically results in confiscation and a warning, although fines may be issued and short-term jail time.
• Over 28 grams: This may lead to fines starting at approximately $500 USD (around 9,000 MXN) or imprisonment of up to 10 years for larger quantities.
• Trafficking or intent to distribute: Severe penalties, including lengthy prison sentences, apply if a person is caught with significant amounts or attempting to sell cannabis.
When Will Recreational Use Be Fully Legalized?
The timeline for a fully regulated cannabis market in Mexico remains unclear. While lawmakers continue to debate the details, progress has been slow. Many experts anticipate legislation could be passed within the next few years, but until then, travelers should assume strict enforcement of existing restrictions.
What Tourists in Cabo Should Know
If you’re visiting Los Cabos or other tourist destinations in Mexico, it’s best to err on the side of caution. While Mexico is moving toward a more lenient stance on cannabis, the legal framework is still developing. Avoid bringing cannabis products with you, don’t purchase from unregulated sources, and respect local laws to ensure a smooth and trouble-free trip.
For now, enjoy the sunshine, beaches, and vibrant culture that Mexico has to offer—without the risk of legal complications.