Drugs and Prohibited Pharmaceuticals: Strictly Banned by Mexican Law with Criminal Penalties

As one of the countries most severely affected by drug-related issues in Latin America, Mexico has long faced multiple challenges from drug production, smuggling, and abuse. To curb the destructive impact of drugs on social security, public health, and economic development, Mexico has established a regulatory system for drugs and prohibited pharmaceuticals centered on “strict legal bans as the core, criminal penalties as deterrence, and multi-agency supervision as support.” Both the transportation and trafficking of illegal drugs and the unauthorized circulation of prohibited pharmaceuticals are explicitly prohibited by law, and violators face severe criminal penalties ranging from heavy fines to long-term imprisonment. This article systematically sorts out Mexico’s legal framework, prohibited categories, and criminal penalty standards for drugs and prohibited pharmaceuticals, analyzes regulatory practices through practical cases, and provides compliance warnings to offer key references for cross-border logistics, trade enterprises, and individuals to avoid legal risks.

I. Mexico’s Legal Framework for Regulating Drugs and Prohibited Pharmaceuticals: A Multi-Level Legislative “Strict Ban Network”

Mexico’s ban on drugs and prohibited pharmaceuticals is not based on a single legal provision but forms a full-chain legal regulatory network covering “production-transportation-trafficking-possession” through constitutional provisions, federal laws, departmental regulations, and international convention transposition clauses. This ensures that every link has clear prohibitive clauses and penalty bases.

(1) Constitutional Level: Establishing Drug Control as a Core National Interest

Articles 27 and 73 of the Mexican Constitution explicitly list “combating drug-related crimes and protecting public health and social security” as core responsibilities within national sovereignty. They authorize the federal government to formulate special laws to regulate drugs and prohibited pharmaceuticals and grant cross-regional law enforcement powers to law enforcement agencies (such as the Federal Police, Customs, and Anti-Drug Agency). This constitutional positioning provides the highest legal basis for the formulation of subsequent specific laws and determines Mexico’s “zero-tolerance” attitude toward drug-related crimes.

(2) Core Federal Laws: Defining Prohibited Scopes and Criminal Penalties

1. Federal Law Against Organized Crime in Matters of Drugs (Ley Federal contra la Delincuencia Organizada en Materia de Drogas)

As the “fundamental law” for Mexico’s regulation of drugs and prohibited pharmaceuticals, this law was enacted in 1986 and has undergone multiple revisions (the latest in 2023). It clearly defines the scope of “drugs” and “prohibited pharmaceuticals” and details criminal penalty standards for various violations:

• Definition of Drugs: Covers narcotic drugs and psychotropic substances controlled by international anti-drug conventions, such as opium, heroin, morphine, marijuana, cocaine, methamphetamine, MDMA (ecstasy), and ketamine (K2), as well as any mixtures containing these components (even in extremely low concentrations);
• Definition of Prohibited Pharmaceuticals: Refers to pharmaceuticals imported, transported, or sold without approval from Mexico’s Ministry of Health (SSA), including prescription drugs without an Import Pharmaceutical License (e.g., codeine-containing cough syrups, fentanyl-containing analgesics), counterfeit pharmaceuticals (those with forged production batch numbers or inconsistent ingredients with declarations), expired pharmaceuticals, and health products containing prohibited ingredients (e.g., ephedrine-containing weight-loss products, sibutramine-containing slimming capsules);
• Core Provisions: Article 15 explicitly states that “no individual or enterprise shall transport, store, or sell drugs or prohibited pharmaceuticals without authorization,” while Article 38 sets graduated criminal penalties for different violations, ranging from short-term imprisonment to life imprisonment.

2. Federal Health Law (Ley Federal de Sanidad)

From a public health perspective, this law supplements the regulation of prohibited pharmaceuticals, requiring that the import, transportation, and sale of all pharmaceuticals (including prescription and over-the-counter drugs) comply with standards in the National Pharmaceutical Catalog formulated by Mexico’s Ministry of Health and obtain corresponding administrative permits:

• For imported pharmaceuticals, an Import Pharmaceutical License Certificate must be applied for from the Ministry of Health in advance, with documents such as pharmaceutical composition analysis reports, manufacturer qualification certificates, and clinical safety data submitted. The approval cycle is usually 30-60 days;
• For “high-risk pharmaceuticals” such as psychotropic drugs and narcotics (e.g., morphine, pethidine), an additional Special Pharmaceutical Use Permit is required, and they are limited to medical or scientific research use by medical institutions and research institutions, with a ban on circulation in the civilian market;
• Article 68 stipulates that those transporting prohibited pharmaceuticals without permission shall, in addition to bearing criminal liability, assume the responsibility of “eliminating health risks,” such as recalling circulated pharmaceuticals and compensating for health damages caused by the pharmaceuticals.

3. Federal Customs Law (Ley Federal de Aduanas)

Focusing on cross-border transportation regulation of drugs and prohibited pharmaceuticals, this law clarifies the inspection responsibilities and law enforcement authority of customs at borders, airports, and ports:

• Customs has the right to conduct 100% X-ray inspections on all incoming cargo (especially air and land transport cargo) and carry out unpacking inspections on cargo suspected of containing drugs or prohibited pharmaceuticals;
• If drugs or undeclared prohibited pharmaceuticals are found mixed in cargo, customs may directly seize the cargo and transfer the case to the Federal Attorney General’s Office (FGR) for investigation;
• Article 112 stipulates that shippers and logistics companies that “intentionally conceal or disguise drugs or prohibited pharmaceuticals” may be fined 5-10 times the value of the cargo and permanently prohibited from engaging in cross-border trade activities.

(3) Transposition of International Conventions: Alignment with the Global Anti-Drug System

Mexico is a party to international conventions such as the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988 Convention) and the Inter-American Convention Against Drug Trafficking. It has transposed the requirements of these conventions into domestic legal provisions:

• Mexico has included all 234 narcotic drugs and 142 psychotropic substances controlled by the conventions into its domestic prohibition scope, with regulatory standards no lower than international requirements;
• Fulfilling its obligation of “cross-border anti-drug cooperation,” Mexico has established intelligence-sharing mechanisms with drug source or transit countries such as the United States, Colombia, and Peru to jointly combat cross-border drug smuggling, particularly the disguised transportation of drugs via air and sea freight.

II. Specific Categories of Drugs and Prohibited Pharmaceuticals Banned by Mexican Law

Mexico’s prohibited scope for drugs and prohibited pharmaceuticals is “comprehensive and without exceptions,” covering not only traditional drugs but also new synthetic drugs, unauthorized prescription drugs, and counterfeit/substandard pharmaceuticals. Specifically, they fall into three categories:

(1) Category 1: Illegal Drugs (Absolutely Prohibited, No Legitimate Uses)

These items are explicitly classified by law as “contraband endangering national and public security.” Regardless of quantity, their transportation, possession, or trafficking constitutes a criminal offense, mainly including:

• Traditional Plant-Based Drugs: Opium (extracted from poppies), marijuana (plants of the Cannabis genus and their products, such as marijuana cigarettes and hashish oil), and coca leaves (raw material for cocaine);
• Synthetic Drugs: Heroin (synthesized from opium extracts), morphine (alkaloid isolated from opium), cocaine (extracted and synthesized from coca leaves), methamphetamine (synthetic), MDMA (ecstasy, synthetic), ketamine (K2, prohibited except for medical use), and fentanyl and its analogs (e.g., carfentanil, highly addictive and lethal in minimal doses);
• Disguised New Drugs: Drugs disguised as “milk tea powder,” “chocolate,” “stamps,” or “e-cigarette liquid,” such as methamphetamine mixed into milk tea powder or LSD (hallucinogen) printed on stamps. Due to their high concealment, these items are key targets for Mexican customs inspections.

(2) Category 2: Unauthorized Prescription Drugs (Permit Required, Otherwise Prohibited)

These pharmaceuticals have legitimate medical uses but require approval from Mexico’s Ministry of Health for import, transportation, and use. Unauthorized circulation constitutes an offense, mainly including:

• Narcotic Analgesics: Codeine-containing cough syrups (e.g., “Compound Codeine Phosphate Oral Solution”), oxycodone-containing painkillers (e.g., “OxyContin”), and morphine-containing injections (e.g., “Morphine Injection”);
• Psychotropic Drugs: Diazepam-containing sedatives, methylphenidate-containing ADHD medications (e.g., “Ritalin”), and clonazepam-containing anti-anxiety drugs;
• Special Therapeutic Pharmaceuticals: Ephedrine-containing asthma medications (e.g., “Ephedrine Nasal Drops”) and pseudoephedrine-containing cold medicines (e.g., “New Contac,” strictly regulated as it can be used to synthesize methamphetamine).

(3) Category 3: Counterfeit, Substandard, and Expired Pharmaceuticals (Comprehensively Prohibited, No Exceptions)

These pharmaceuticals are fully prohibited from circulation due to substandard quality or unguaranteed safety, mainly including:

• Counterfeit Pharmaceuticals: Counterfeit versions of well-known brand pharmaceuticals (e.g., fake “Pfizer COVID-19 Vaccines,” “Bayer Aspirin”), pharmaceuticals with inconsistent ingredients (e.g., painkillers claiming to contain “ibuprofen” but lacking the active ingredient), and “three-no” pharmaceuticals (no production batch number or qualification);
• Expired Pharmaceuticals: Pharmaceuticals past their expiration dates (even if their appearance is unchanged, their efficacy and safety cannot be guaranteed);
• Health Products with Prohibited Ingredients: Health products containing unapproved ingredients, such as sibutramine-containing slimming capsules (sibutramine is banned in many countries) and ephedrine-containing energy drinks.

III. Criminal Penalty Standards for Drug and Prohibited Pharmaceutical Violations in Mexico

Mexican law follows the principle of “proportionate punishment to the offense” for violations involving drugs and prohibited pharmaceuticals. Graduated criminal penalties, ranging from fines to life imprisonment, are set based on the type of violation (transportation, trafficking, possession), quantity involved, harmful consequences, and subjective malicious intent. Penalties are more severe for “organized crimes” (e.g., drug cartels).

(1) Criminal Penalties for “Transportation”

Transportation is a key link in moving drugs and prohibited pharmaceuticals from “production sites” to “consumption sites,” so legal penalties for transportation are particularly severe:

• Drug Transportation:
• Transportation of small quantities of drugs (e.g., ≤50g marijuana, ≤5g cocaine, ≤2g methamphetamine): 1-3 years of imprisonment, plus a fine of 50,000-100,000 Mexican pesos (approximately 17,500-35,000 RMB);
• Transportation of medium quantities of drugs (e.g., 50-500g marijuana, 5-50g cocaine, 2-20g methamphetamine): 3-10 years of imprisonment, plus a fine of 100,000-500,000 pesos;
• Transportation of large quantities of drugs (e.g., >500g marijuana, >50g cocaine, >20g methamphetamine): 10-25 years of imprisonment, plus a fine of 500,000-2,000,000 pesos;
• Transportation of “highly lethal drugs” such as fentanyl or carfentanil: Regardless of quantity, a direct penalty of 15-30 years of imprisonment without parole.
• Prohibited Pharmaceutical Transportation:
• Transportation of unauthorized prescription drugs (e.g., ≤10 bottles of codeine-containing cough syrup): 6 months-2 years of imprisonment, plus a fine of 20,000-50,000 pesos;
• Transportation of counterfeit or expired pharmaceuticals (value ≤100,000 pesos): 1-3 years of imprisonment, plus a fine of 3-5 times the cargo value;
• Transportation of “precursor chemicals for drug manufacturing” (e.g., >100g ephedrine or pseudoephedrine): 5-15 years of imprisonment, plus a fine of 200,000-1,000,000 pesos (precursor chemicals are strictly regulated like drugs, as they are key raw materials for synthetic drugs).

(2) Aggravated Penalties for “Organization and Assistance”

Mexican law specifically targets organizational, planning, and assistance behaviors in the “drug crime chain,” which are deemed “aggravating circumstances” with harsher penalties:

• Organizing or planning cross-border drug transportation (e.g., establishing transportation networks, coordinating multi-link logistics): 20-30 years of imprisonment, plus a fine of 1,000,000-5,000,000 pesos;
• Providing disguise services for drug transportation (e.g., hiding drugs in electronic products or food 夹层): 10-20 years of imprisonment, plus a fine of 500,000-1,500,000 pesos;
• Logistics companies accepting drug or prohibited pharmaceutical transportation with full knowledge: The company’s responsible person faces 15-25 years of imprisonment, the company’s business license is revoked, and it is permanently prohibited from engaging in logistics operations. Additionally, a fine of 5-10 times the company’s registered capital is imposed.

(3) Aggravated Penalties for “Repeat Offenses and Special Subjects”

• Repeat Offenses: If an offender has previously been convicted of a drug or prohibited pharmaceutical crime and commits another violation, the penalty is increased by 50% (e.g., a original 10-year imprisonment becomes 15 years for a repeat offense);
• Special Subject Offenses: Public officials (e.g., customs officers, police) assisting in drug transportation using their official positions: 25-40 years of imprisonment (compared to 10-25 years for ordinary citizens transporting the same quantity of drugs); Minors coerced into drug transportation may receive reduced penalties (e.g., 1-5 years of correctional education), but abettors face aggravated penalties (30-40 years of imprisonment).

(4) “Additional Consequences” of Criminal Penalties

Beyond imprisonment and fines, violators face a series of additional consequences that often have a more significant impact on individuals and enterprises than the principal penalty:

• Individual Level: Criminal records are permanently entered into Mexico’s Federal Judicial Database, resulting in lifelong disqualification from public office, bank loan applications, and visas for countries/regions such as the United States and the EU (which deny entry to individuals with drug-related criminal records);
• Enterprise Level: In addition to license revocation, enterprises are placed on the “Mexican Federal Blacklist,” barred from government procurement projects for 5-10 years. Their upstream and downstream partners may also be classified as key regulatory targets, leading to the termination of business cooperation.

IV. Mexico’s Regulatory Measures for Drugs and Prohibited Pharmaceuticals: Full-Chain, Multi-Dimensional Prevention and Control

To ensure the implementation of legal bans, Mexico has established a multi-agency collaborative regulatory system involving “Customs-Anti-Drug Agency-Police-Ministry of Health.” Through technical detection, intelligence investigation, and cross-border cooperation, it achieves full-chain prevention and control of drugs and prohibited pharmaceuticals.

(1) Entry Inspection: Technical Equipment + Manual Screening to Block Cross-Border Transportation

Mexico has deployed advanced detection equipment and professional law enforcement teams at all international airports (e.g., Mexico City International Airport, Guadalajara Airport), land borders (e.g., Tijuana border crossing with the U.S.), and ports (e.g., Manzanillo Port) to focus on inspecting incoming cargo for drugs and prohibited pharmaceuticals:

• Technical Detection:
• All air freight cargo undergoes “high-energy X-ray scanning” to penetrate packaging materials such as metal and plastic and identify items matching the density and shape of drugs;
• For suspected cargo, “ion mobility spectrometry detectors” are used for trace detection, capable of accurately identifying even 0.1 micrograms of drug residues on cargo surfaces;
• For pharmaceutical cargo, “near-infrared spectroscopy analyzers” quickly detect ingredients to verify consistency with declared pharmaceutical components, preventing counterfeit pharmaceuticals from evading inspection.
• Manual Screening:
• Customs maintains a “High-Risk Cargo List,” classifying cargo from high-drug-risk regions (e.g., Colombia, Peru) or declared as “electronic products” or “daily necessities” with abnormal weight as key inspection targets, with a 100% inspection rate;
• Law enforcement officers carefully verify cargo packaging, labels, and declaration documents. If secondary sealing marks, blurry labels, or conflicting document information are found, unpacking inspections are immediately conducted.

(2) Domestic Regulation: Intelligence Tracking + Market Inspections to Crack Down on Circulation

In the domestic market, Mexico’s Anti-Drug Agency (SEDENA) and Federal Police collaborate to focus on cracking down on the storage and trafficking of drugs and prohibited pharmaceuticals:

• Intelligence Tracking: Drug crime clues are tracked through informer tips, monitoring equipment, and big data analysis. For example, the Anti-Drug Agency has established a “Drug Transaction Fund Monitoring System” to screen accounts with large, frequent transfers in a short period and identify the capital flow of drug cartels;
• Market Inspections: Unannounced inspections are regularly conducted on pharmacies, health product stores, and cross-border e-commerce warehouses to verify the import permits, production batch numbers, and expiration dates of pharmaceuticals. Prohibited pharmaceuticals without permits are immediately seized, and business owners are held accountable;
• Express Delivery Regulation: Courier companies are required to implement “real-name shipping + unpacking inspection” for all parcels. For international couriers destined for Mexico, consignee information and item details must be reported to customs in advance; otherwise, delivery is denied.

(3) Cross-Border Cooperation: Intelligence Sharing + Joint Law Enforcement to Cut Transnational Chains

Mexico has established in-depth cross