The Supreme Court recognized constitutional protection for personal cannabis use in June 2021. Five years later, not one licensed recreational dispensary operates anywhere in Mexico. Understanding why requires understanding the regulatory standstill that has persisted through two presidential administrations.
At the center of the blockage sits COFEPRIS, the Federal Commission for the Protection against Sanitary Risk. After the 2021 ruling, COFEPRIS was tasked with issuing administrative guidelines that would create pathways for personal-use permits and eventually a retail licensing framework. COFEPRIS has repeatedly declined to issue those guidelines, citing the absence of comprehensive implementing legislation from Congress.
What results is a circular governance failure. The Supreme Court mandates constitutional protection for personal use. Congress has not passed retail legislation. COFEPRIS refuses to issue implementing guidelines without that legislation. Each institution points to another as responsible for taking the first step.
One functioning legal pathway does exist for individuals who want to engage with cannabis through official channels in Mexico: the amparo indirecto route, a constitutional injunction filed in federal court against COFEPRIS. A federal judge can rule in favor of the applicant and issue a personal-use authorization. This process requires legal representation, significant time investment, and a working understanding of Mexican constitutional litigation. It is entirely inaccessible to tourists and to the vast majority of Mexican residents.
President Claudia Sheinbaum, who took office in October 2024, has not included cannabis legalization among her administration’s priority reforms. Commercial legalization is not expected before 2027 at the earliest.
The practical consequence for visitors to Playa del Carmen is that gray market options are currently the only available route for those who want to consume cannabis on vacation, and none of those options carry any legal standing, consumer protection, or quality assurance.