Article 194 of the Federal Criminal Code
In Article 235 of the General Health Law in Mexico, the regulation of drugs details the conditions under which they are handled:
The sowing, cultivation, harvesting, processing, preparation, conditioning, acquisition, possession, trade, transportation in any form, medical prescription, supply, use, employment, use, consumption and, in general, any act related to narcotics or any product containing them is subject to:
I. The provisions of this Law and its regulations;
II. The international treaties and conventions to which the United Mexican States is a party and which have been entered into in accordance with the provisions of the Political Constitution of the United Mexican States;
III. The provisions issued by the General Health Council;
IV. That which is established by other laws and provisions of a general nature related to the matter;
V. (Repealed).
VI. The related provisions issued by other agencies of the Federal Executive within the scope of their respective competencies.
The acts referred to in this article [may only be performed for medical and scientific purposes and]shall require authorization from the Ministry of Health.
Declared invalid by sentence of the SCJN to General Declaration of Unconstitutionality notified 29-06-2021 and published DOF 15-07-2021 (In the normative portion “may only be performed for medical and scientific purposes and”).
Article 235 of the General Law of Federal Health
Article 237 of the same law clarifies the type of substances that are not subject to the protection of the law and, therefore, enter into a state of illegality.
It is prohibited in the national territory, any act of those mentioned in Article 235 of this Law, with respect to the following substances and plants: prepared opium, for smoking, diacetylmorphine or heroin, its salts or preparations, papaver somniferum or opium poppy, papaver bactreatum and erythroxilon novogratense or coca, in any of its forms, derivatives or preparations.
The same prohibition may be established by the Ministry of Health for other substances indicated in article 234 of this Law, when it is considered that they may be substituted in their therapeutic uses by other elements that, in its judgment, do not originate dependency.
Drug trafficking crime
Article 194 of the Federal Criminal Code
In Article 235 of the General Health Law in Mexico, the regulation of drugs details the conditions under which drugs are handled:
The sowing, cultivation, harvesting, processing, preparation, conditioning, acquisition, possession, trade, transportation in any form, medical prescription, supply, use, employment, use, consumption and, in general, any act related to narcotics or any product containing them is subject to:
I. The provisions of this Law and its regulations;
II. The international treaties and conventions to which the United Mexican States is a party and which have been entered into in accordance with the provisions of the Political Constitution of the United Mexican States;
III. The provisions issued by the General Health Council;
IV. That which is established by other laws and provisions of a general nature related to the matter;
V. (Repealed).
VI. The related provisions issued by other agencies of the Federal Executive within the scope of their respective competencies.
The acts referred to in this article [may only be performed for medical and scientific purposes and]shall require authorization from the Ministry of Health.
Declared invalid by sentence of the SCJN to General Declaration of Unconstitutionality notified 29-06-2021 and published DOF 15-07-2021 (In the normative portion “may only be performed for medical and scientific purposes and”).
Article 235 of the General Law of Federal Health
Article 237 of the same law clarifies the type of substances that are not subject to the protection of the law and, therefore, enter into a state of illegality.
It is prohibited in the national territory, any act of those mentioned in Article 235 of this Law, with respect to the following substances and plants: prepared opium, for smoking, diacetylmorphine or heroin, its salts or preparations, papaver somniferum or opium poppy, papaver bactreatum and erythroxilon novogratense or coca, in any of its forms, derivatives or preparations.
The same prohibition may be established by the Ministry of Health for other substances indicated in article 234 of this Law, when it is considered that they may be substituted in their therapeutic uses by other elements that, in its judgment, do not originate dependency.
Article 237 of the General Law of Federal Health.
Legal Differences between Drug Possession and Drug Trafficking in Mexico
The commercialization of drugs in an illegal manner is sanctioned in Article 293 of the General Health Law. And this type of exchange is characterized by evading the legislation that regulates the transportation of psychotropic drugs, narcotics or products made with them. In these cases, one can speak of drug trafficking or drug trafficking.
It is prohibited to transport through the national territory, with destination to another country, the substances indicated in article 289 of this Law, as well as those that in the future may be determined in accordance with the provisions of article 246 of the same.
Article 293 of the General Federal Health Law
In the case of possession of illegal narcotics, certain possession limits are considered offenses. Article 479 specifies a list of substances with the accepted quantities.
For the purposes of this chapter, it is understood that the narcotic is intended for strict and immediate personal consumption, when the amount of the same, in any of its forms, derivatives or preparations does not exceed those provided for in the following list:
Guideline Table of Maximum Doses for Personal and Immediate Consumption.
Narcotic: Maximum dose for personal and immediate consumption
- Opium: 2 gr.
- Diacetylmorphine or Heroin: 50 mg.
- Cannabis Sativa, Indica or Marijuana: 5 gr.
- Cocaine: 500 mg.
- Lysergide (LSD): 0.015 mg.
- MDA, Methylenedioxyamphetamine
- ** Powder, granulated or crystal: 40 mg.
- ** Tablets or capsules: One unit weighing not more than 200 mg.
- MDMA, dl-34-methylenedioxy-ndimethylphenylethylamine
- ** Powder, granules or crystals: 40 mg.
- ** Tablets or capsules: One unit weighing not more than 200 mg.
- Methamphetamine
- ** Powder, granules or crystals: 40 mg.
- ** Tablets or capsules: One unit weighing not more than 200 mg.
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