Disclaimer: This article is for informational purposes only and summarizes recent legislative developments as reported in public sources. Laws can change rapidly, and interpretations may vary. Vaping Chronicles is not providing legal advice. Readers should consult official sources (such as COFEPRIS or the DOF) and local authorities for the most current and applicable regulations. See our full disclaimer here.
Mexico’s Congress just passed big changes to the General Health Law (Ley General de Salud) that crank up the ban on e-cigarettes and vapes even more. This overhaul is pushed by President Claudia Sheinbaum—she wants to plug the gaps in the old rules and slap on criminal penalties.
Photo credit: Mexico News Daily
Here’s the lowdown:
1. How the Law Got Through
- Dec 9: The Chamber of Deputies (Cámara de Diputados) voted yes 292 to 163 no. Ruling party Morena yelled about protecting teens’ health, while opposition folks (like PAN, PRI, Movimiento Ciudadano) said it’s way too harsh—worried cops might abuse power or it’ll make the black market blow up.
- Dec 11: The Senate (Senado) passed the final version 76 yes, 37 no, 1 abstention.
- Now: It’s on Sheinbaum’s desk to sign. She’s all for it, so she’ll probably sign it real soon (likely soon after signature and publication in the federal gazette DOF). It kicks in right away once that happens.
2. What’s Actually Changing
- Total ban on business stuff: No more making, importing, exporting, distributing, shipping (for selling), storing, selling, or advertising these things—any way you slice it (print, social media, radio, TV, you name it).
- Wider definition: E-cigs and vapes now cover any gadget (mechanical, electronic, whatever) that heats up or turns liquids, gels, waxes, etc. (with or without nicotine) into vapor. That means disposables, heat-not-burn devices—all of it.
- Criminal penalties (the big deal):
- Jail time: 1 to 8 years, depending on how bad it is and if you’ve done it before.
- Fines: 100 to 2,000 UMA (that’s like 11k to 226k pesos, or ~$620 to $12k USD).
- Hits everyone in the supply chain—companies and regular people.
- Loophole for personal use: Morena’s Ricardo Monreal pushed an amendment: personal consumption, possession, and non-commercial carrying (e.g., a small number of devices for your own use) are off the hook. This avoided the drama from early drafts where even users might’ve gotten in trouble.
3. Why This Happened & What It Means
It’s tied to a 2025 constitutional change (Article 4) that lumps e-cigs with synthetic drugs like fentanyl—they’re stressing how bad they are for public health, especially teens hooked on flavored ones.
- Enforcement: The black market’s already alive (you can still find vapes on streets or small shops), but the new law will make cops crack down harder—working with states to bust illegal sales. Sheinbaum says vapes are sometimes worse than regular cigs, and she’s going after organized crime in the trade.
- Fight over it: Haters say banning instead of regulating will just make the black market bigger (losing ~6.94 billion pesos in taxes yearly) and let cops pick on street vendors. Fans cite the WHO saying flavored vapes are catnip for teens.
4. What This Means for You (or Tourists)
- Using it yourself: Legal, but since you can’t buy new ones legally, you’ll have to use what you already have… or risk the black market.
- Bringing them in: Still super illegal. Customs seizes them all the time—if you bring too many, they might say you’re selling and hit you with those new criminal penalties. Tourists: just leave ’em at home. Use nicotine patches or something instead.
- Public places: Same as regular cigs—can’t use ’em anywhere public (beaches, parks, hotel lobbies, etc.).
This makes Mexico one of the few countries slapping jail time on vape-related business activities—stricter than bans in places like Argentina or Brazil. As always, Vaping Chronicles will keep a close eye on any further developments and share updates as soon as they drop.