Key Facts

Federal Licence Types — COFEPRIS / CONASAMES

• Cultivation Licence — Commercial cannabis cultivation for medical or scientific purposes; issued by COFEPRIS
  • Applicant must demonstrate technical capacity, secure facilities, and compliance with Good Manufacturing Practices (GMP)
  • Licences granted to entities with majority Mexican ownership
  • Full security protocol and seed-to-sale traceability required
  • Background checks mandatory for all principals and officers
• Processing / Manufacturing Licence — Extraction and production of cannabis-derived products (oils, capsules, tinctures, topicals)
  • Must comply with applicable Mexican Official Standards (NOM) and GMP
  • Subject to periodic inspections by COFEPRIS
  • Separate endorsements required for volatile and non-volatile extraction methods
• Retail / Commercial Authorisation — Sale of medical cannabis products to the public
  • Prescription required for products with >1% THC; sold at licensed pharmacies
  • Products with ≤1% THC may be sold over-the-counter at commercial establishments
  • All retail products must carry COFEPRIS sanitary registration
• Research Licence — Scientific and clinical research use; requires COFEPRIS-approved protocol and institutional ethics committee approval
• Import / Export Permit — For medical cannabis products imported or exported; case-by-case approval by COFEPRIS
• State Licences — Vary by state; some states like CDMX have developed additional local frameworks for use in conjunction with federal licences
• Industrial Hemp Licence — Issued by Mexico's Ministry of Agriculture (SADER); hemp defined as cannabis with ≤1% THC (Mexican standard differs from US 0.3%)

State Licensing Context — Oaxaca

• Oaxaca applies the federal COFEPRIS framework for all medical cannabis licences — no independent state licensing system for adult-use has been established
• Businesses seeking to operate in the cannabis sector must obtain a federal COFEPRIS licence and secure local land-use (zoning) permits from the municipal authority
• State governments may issue health-related recommendations but cannot contradict the federal framework
• No additional state-level licences have been established — these are anticipated when Congress passes the adult-use law

Federal Tax Framework

• All medical cannabis products (CBD oils, capsules, topicals) are subject to Mexico's standard 16% IVA (VAT)
• No cannabis-specific excise tax (IEPS) has been enacted — Congress must define this when adult-use regulation is passed
• Licensed cannabis companies pay the standard corporate income tax rate of 30% on profits
• Imported cannabis products are subject to IVA plus customs duties (0–20% depending on TIGIE tariff classification)
• Unlike the US (IRC § 280E), Mexican cannabis businesses may deduct ordinary business expenses from taxable income
• Special Economic Zones and maquila structures near border regions may offer tax incentives for cannabis manufacturers

Federal Advertising Regulations — General Health Law / COFEPRIS

• Advertising to minors strictly prohibited: All cannabis advertising targeting persons under 18 years of age is banned
  • No advertising on platforms where more than 30% of the audience is under 18
  • No cartoon characters, toy imagery, candy-themed branding, or content primarily appealing to children
  • No advertising within 500 metres of schools, playgrounds, or youth recreational facilities
• Required disclaimers on all advertising materials:
  • 'This product is for medical use only, by persons aged 18 and over. Consult your physician.'
  • COFEPRIS sanitary licence number must appear on all materials
  • Health warning: 'Cannabis may impair your ability to drive or operate machinery.'
  • No print, broadcast, or outdoor advertising without prior COFEPRIS authorisation
• Social media and digital advertising: Age-verification (18+) required; no targeting of minor demographics; no general public promotions
  • Platforms must restrict cannabis content to verified adult audiences
  • Influencer marketing prohibited where significant under-18 audience exists
  • No cannabis product imagery on public-facing (non-age-gated) accounts
• No adult-use advertising framework exists — pending Congressional legislation; any adult-use advertising is currently unlawful
• Industrial hemp / CBD advertising: Permitted under general commercial advertising rules (PROFECO); no false health claims
• Penalties: Administrative fines up to MXN $4,000,000 for unauthorised cannabis advertising

Advertising in Oaxaca

• All federal COFEPRIS advertising restrictions apply fully throughout Oaxaca
• Outdoor advertising (billboards, spectaculars) of medical cannabis products requires both COFEPRIS authorisation and municipal sign permits
• Social media platforms: age-restriction to 18+ is mandatory; general public advertising is prohibited
• No state-level additional advertising restrictions have been enacted beyond the federal framework

Federal Labour Law Framework — Federal Labour Law (LFT) & Health Standards

• Federal Labour Law (LFT) — Article 133: Employers may not discriminate on grounds of health status in most employment contexts
  • Documented medical cannabis use may constitute protection under non-discrimination principles (CONAPRED)
  • No specific employment protections for medical cannabis users have been enacted in federal law
• No employment protections for recreational / adult-use cannabis: Employers may freely prohibit cannabis use and sanction impairment in the workplace
• Official Mexican Standard NOM-030-STPS: Addiction prevention programmes in the workplace; cannabis is included as a substance covered by workplace policy
  • Employers must implement written drug-free workplace policies where applicable
  • Drug testing permitted for safety-sensitive roles with appropriate notice
• Safety-critical industries (aviation, transport, mining, oil and gas): Zero-tolerance enforced
  • Ministry of Communications and Transport (SCT) applies mandatory testing for transport operators
  • SEMARNAT and STPS regulate the mining and industrial sectors with strict drug-free standards
• Federal government employees: Cannabis prohibited; drug testing mandatory for public security and law enforcement positions

Workplace Context — Oaxaca

• The Federal Labour Law (LFT) and NOM-030-STPS apply throughout Oaxaca
• Employers in safety-critical sectors (mining, manufacturing, transport) commonly implement formal drug and alcohol policies including pre-employment and random testing
• Employment discrimination based solely on documented medical cannabis use may be challenged before the Ministry of Labour (STPS) or labour tribunals
• No additional state-level employment protections for cannabis users have been enacted

Personal Possession

• 5 grams or less — decriminalised under federal law (2009 reform and SCJN jurisprudence 2019): no criminal prosecution for first-time possession
  • Police may confiscate the product but cannot arrest the individual
  • Authorities may direct the person to a drug treatment programme
• More than 5 grams: May constitute a criminal offence under the Federal Penal Code (Código Penal Federal — CPF) Art. 195
  • 5–200 g: first-offender benefit may apply if no prior criminal record
  • More than 200 g: serious offence; pre-trial detention possible
• Medical cannabis patients: May possess the quantity specified on their valid prescription without the 5 g restriction applying
• Public consumption: Prohibited in most municipalities; administrative fine possible

Transaction Rules

• Minimum age: 18 years — valid government-issued photo ID required (INE/IFE voter card, passport, or national ID)
• No legal commercial distribution network exists for adult-use cannabis at federal level
• Medical cannabis: Products with ≤1% THC available at licensed pharmacies; products with >1% THC require prescription at licensed pharmacies
• Purchasing cannabis from the unregulated (illicit) market remains a criminal offence for amounts exceeding 5 g
• Judicial amparo: Citizens may obtain a court order (amparo) permitting personal home cultivation of up to 4 plants in most states

Local Enforcement Context — Oaxaca

• In Oaxaca, federal thresholds of 5 g apply; no different state thresholds exist
• Municipal police may detain and confiscate cannabis even for amounts under 5 g, although criminal prosecution should not follow for first-time possession
• Carrying a valid medical prescription is recommended when possessing medical cannabis products exceeding 5 g

Product Testing Requirements — COFEPRIS / Mexican Official Standards (NOM)

• Mandatory potency testing for all medical cannabis products:
  • Total THC, THCA, CBD, CBDA — analysis by HPLC or GC-MS at an accredited laboratory
  • Label must state mg of THC and CBD per dose and per package
  • Tolerance: ±10% of declared cannabinoid content on label
• Contaminant testing — mandatory for all products:
  • Pesticide residues: panel per COFEPRIS / WHO-approved list
  • Heavy metals: lead, cadmium, arsenic, mercury — below NOM action limits
  • Microbials: E. coli, Salmonella, Aspergillus — compliant with NOM-051
  • Mycotoxins: aflatoxins B1, B2, G1, G2 and ochratoxin A
  • Residual solvents: for all extracts — per USP standards and COFEPRIS guidelines
• Approved laboratories: Must hold EMA (Mexican Accreditation Entity) accreditation and/or ISO/IEC 17025; financially independent from producers
  • COFEPRIS maintains a registry of authorised cannabis testing laboratories
  • Rejected lots must be destroyed or reprocessed under COFEPRIS supervision
• Traceability: COFEPRIS seed-to-sale tracking system (VUCEM) — every lot traceable from cultivation to point of sale

Qualifying Medical Conditions

• Refractory (treatment-resistant) epilepsy
• Chronic pain — intractable, refractory to conventional therapies
• Cancer (including treatment-related symptoms: nausea, pain, cachexia)
• HIV/AIDS — related symptoms
• Multiple sclerosis — spasticity
• Parkinson's disease
• PTSD (Post-Traumatic Stress Disorder)
• Severe anxiety disorders
• Glaucoma
• Nausea caused by chemotherapy
• Note: Mexico's medical access framework is not a closed qualifying condition list — a physician may prescribe cannabis for any condition where they determine benefit outweighs risk

Prescription Rules & Renewal

• Prescribing physician must hold a valid Mexican medical licence (cédula profesional) and be registered with COFEPRIS where required
• Prescription validity: 30 to 90 days for >1% THC products; renewable following physician follow-up consultation
• Patients must obtain products from COFEPRIS-registered licensed pharmacies or authorised distributors
• Telehealth consultations are permitted for renewal prescriptions in most cases
• No patient registry card issued — prescription is the only access document required
• Minors (under 18): prescription from two physicians required; parent or legal guardian must be present
• Out-of-state/country patients: Mexican prescriptions are valid nationally; foreign prescriptions not recognised
• Personal home cultivation: not broadly authorised — judicial amparo required on a case-by-case basis

Medical Access in Oaxaca

• Patients in Oaxaca access medical cannabis through the federal COFEPRIS system
• CBD products with ≤1% THC are available in pharmacies and health stores throughout the state
• For products with >1% THC, the prescribing physician must have a current valid medical licence and register the prescription
• Patients with terminal illness or refractory epilepsy may obtain emergency import permits from COFEPRIS for products not available domestically

Differences from Medical Use

• Age: 18+ for both; medical use requires a physician diagnosis and prescription
• Quantity: Adult-use — 5 g decriminalised; medical — quantity per prescription
• Tax: Medical purchases subject to 16% IVA; no adult-use tax framework exists
• Legal supply: Medical cannabis available at licensed pharmacies; adult-use has no regulated supply chain
• Home cultivation: Possible via judicial amparo for up to 4 plants — medical patients and adults alike may apply

Local Ordinances — Oaxaca

• The Oaxacan Congress has debated cannabis bills that would recognise indigenous cultural contexts. Advanced legislative discussions — no enacted state law as of 2026.
• Municipalities may prohibit cannabis consumption in public spaces through local regulations (reglamento municipal)
• The state legislature may enact complementary public health legislation within the federal framework
• Significant regulatory changes are anticipated when Congress approves the Federal Cannabis Law