Local Laws

CRIMINAL PENALTIES: In Mexico, you are subject to Mexican laws and regulations.  Foreign legal systems can be vastly different from our own, and may not afford the protections available to an individual under U.S. law.  The legal process and typical investigation/prosecution timeline in Mexico is significantly different and longer from that in the United States, and procedures may vary from state to state. Penalties for breaking the law can be more severe than in the United States for similar offenses.  Persons violating Mexican laws, even unknowingly, may be deported, arrested, or imprisoned.  Penalties for possession, use or trafficking in illegal drugs are severe, and convicted offenders can expect long jail sentences and heavy fines.  If you break the law, your U.S. citizenship will not help you avoid arrest or prosecution.  It is very important to know what is legal and what is illegal wherever you go.  Within this framework, U.S. consular officers provide certain services to U.S. citizens and their families, including information about local attorneys and advocacy to ensure fair and humane treatment.

Sex Crimes: Sexual exploitation of children or using or disseminating child pornography in Mexico or elsewhere overseas is a crime prosecutable in the United States.  Soliciting sexual services of a minor is illegal in Mexico and is punishable by imprisonment.  The Mexican government has an aggressive program to discourage sex tourism and routinely denies entry to U.S. citizens who are listed on sex offender registries.

Strict Firearms and Other Weapons Laws: The Mexican government has strict laws concerning the ownership of weapons.  Mere possession of weapons by travelers is illegal in most cases.  Possession of firearms is totally prohibited for weapons of types and calibers specified under Mexican law as for the exclusive use of the military.  Possession of such prohibited firearms is a serious federal crime for which bail is unavailable.  Weapons laws in Mexico vary by state, but it is also generally illegal to carry knives, daggers, brass knuckles, or weapons of any kind.  Consular officers routinely provide assistance to U.S. citizens arrested for carrying pocket knives.  More detailed information on the type of firearms in the category of prohibited weapons is given below.

Illegal firearms trafficking from the United States into Mexico is a major problem, and the Department of State warns all U.S. citizens against taking any firearm or ammunition into Mexico.  Entering Mexico with a firearm, certain types of knives, or even a single round of ammunition is illegal, even if the weapon or ammunition is taken into Mexico unintentionally.  The Mexican government strictly enforces laws restricting the importation of firearms and ammunition along all land borders and at airports and seaports, and authorities routinely x-ray incoming luggage.  U.S. citizens entering Mexico with a weapon or any amount of ammunition, even accidentally, generally are detained and can be arrested and prosecuted.  If convicted, they may face lengthy prison sentences.  Travelers are strongly advised to thoroughly inspect all belongings prior to travel to Mexico to avoid the accidental importation of ammunition or firearms.  For more information visit the websites for the Mexican Secretary of Defense and Mexican Customs.

The process for temporarily importing a hunting weapon or ammunition into Mexico is complicated and, if handled incorrectly, can result in imprisonment and confiscation of the weapon and ammunition. The U.S. Embassy in Mexico recommends prospective hunters retain the services of a licensed shooting or hunting club for help in importing any firearm or ammunition, which require separate permits.  Bringing in any firearm without the necessary import permission will result in arrest, but bringing in a weapon identified by Mexican law as reserved for “the exclusive use of the Mexican military” will be dealt with severely.  Conviction for bringing in a prohibited weapon can result in a long jail term.  These prohibited weapons and calibers include fully automatic and semi-automatic handguns larger than .380 caliber, revolvers .357 Magnum and larger, rifles larger than .30 caliber, and shotguns larger than 12 gauge or with a barrel shorter than 25 inches.  This listing is not inclusive, as rifles of less than .30 caliber can be considered prohibited.  For more information about importing hunting weapons or ammunition into Mexico, contact the ANGADI (Asociación Nacional de Ganaderos Diversificados Criadores de Fauna) at info@anggadi.org.mx.

Vessels entering Mexican waters with firearms or ammunition on board must have a permit previously issued by the Mexican Embassy or a Mexican consulate.  Mariners do not avoid prosecution by declaring their weapons at the port of entry.  Before traveling, mariners who have obtained a Mexican firearm permit should contact Mexican port officials to receive guidance on the specific procedures used to report and secure weapons and ammunition.

Drug Penalties and Prescription Medications: Penalties for drug offenses are strict, and convicted offenders can expect large fines and jail sentences of up to 25 years.  The purchase of controlled medications requires a prescription from a licensed Mexican physician.  Some Mexican doctors have been arrested for writing prescriptions without due cause.  In those instances, U.S. citizens who purchased the medications have been held in jail for months waiting for the Mexican judicial system to make a decision on their case.  Marijuana prescriptions (or “medical marijuana”) are not valid in Mexico.  Individuals in possession of a state medical marijuana license should remember that the license is not valid outside of the borders of that state, and bringing marijuana into Mexico – even if it is accompanied by a prescription – is considered international drug trafficking, a serious federal offense.  The Mexican list of controlled medications differs from that of the United States, and Mexican public health laws concerning controlled medications are vague and often enforced selectively.  To determine whether a particular medication is controlled in Mexico or requires a prescription, please consult the website of the Mexican Federal Commission for Protection against Health Risks (Comisión Federal para la Protección contra Riesgos Sanitarios - COFEPRIS).

The U.S. Embassy cautions that possession of any amount of prescription medication brought from the United States, including medications to treat HIV, and psychotropic drugs such as Valium, can result in arrest if Mexican authorities suspect abuse, or if the quantity of the prescription medication exceeds the amount required for several days' use.  Individuals are advised to carry a copy of the prescription.  If significant quantities of the medication are needed, individuals should carry a doctor's letter explaining that the quantity of medication is appropriate for their personal medical use.

Buying Prescription Drugs: Any drug classified by the Mexican government as a controlled medicine, including antibiotics, cannot be purchased without a Mexican prescription from a Mexico-licensed physician.  Purchasing a controlled medicine without a valid prescription is a serious crime for both the purchaser and the seller.  Purchasing a controlled medicine with a U.S. prescription is not sufficient and is also illegal, regardless of what the Mexican pharmacy may be willing to sell to the purchaser.  By law, Mexican pharmacies cannot honor foreign prescriptions; purchasing a controlled medicine with a U.S. prescription is illegal regardless of whether the Mexican pharmacy is willing to sell to the purchaser.  U.S. citizens have been arrested and their medicines confiscated by authorities when their prescriptions were written by a licensed U.S. physician and filled by a licensed Mexican pharmacist.

There have been cases of U.S. citizens buying prescription drugs in border cities. Those arrested are often held for the full 48 hours allowed by Mexican law without charges being filed.  U.S. law enforcement officials believe that as many as 25 percent of the medications available in Mexico are counterfeit.  Such counterfeit medication may be difficult to distinguish from real medication and can pose serious health risks to consumers. The importation of prescription drugs into the United States can be illegal in certain circumstances. U.S. law generally permits persons to enter the United States with only an immediate supply (i.e., enough for about one month) of a prescription medication.

Criminal Penalties for Possession: Recent media reports have inaccurately described changes to Mexico’s laws regarding possession of controlled substances, including making blanket statements that new laws allow the possession of drugs for personal use.  These reports may contain major inaccuracies about current drug enforcement policies and criminal penalties for possession currently in force.  Additionally, the new drug laws include stiffer penalties for many drug offenses, and the sale and distribution of drugs continues to be illegal in Mexico.  U.S. citizens should avoid the possession or use of all controlled substances to avoid possible prosecution under Mexican law.

Importing Medicines into Mexico: Medications for personal use are not subject to duty when hand-carried into Mexico.  Individuals are advised to carry a copy of their prescriptions in the event they are asked to prove that the medicines are for personal use.  To ship (import) prescription medication into Mexico for personal use, a foreigner must obtain a permit from the Mexican Health Department prior to importing the medicine.  For a fee, a customs broker can process the permit on behalf of an individual.  If using the services of a customs broker, it is advisable to agree upon the fees before telling the broker to proceed.  Current listings of local customs brokers (agencias aduanales) are available in the Mexico City yellow pages.

Arrests and Notifications: The Mexican government is required by international law to notify the U.S. Embassy or the nearest U.S. consulate promptly when a U.S. citizen is arrested, if the arrestee so requests.  Please note that this requirement does not apply to dual nationals, as the Mexican government considers them Mexican citizens.  In practice, however, depending on where the arrest takes place, this notification can be extremely slow, or may never occur at all, limiting the assistance the U.S. Government can provide.  U.S. citizens should promptly identify themselves as such to the arresting officers, and should request that the Embassy or nearest consulate be notified immediately.  U.S. citizens should be wary of unconfirmed claims of arrest or detention.  The “grandparent scam,” described above in the Harassment/Extortion section, is a scam in which a U.S. citizen is alleged to be detained by authorities in Mexico in an attempt to get relatives in the United States to wire money.  Confirm an alleged detention or arrest with the Embassy or consulate before taking any other action.

Prison Facilities: Prison conditions in Mexico are significantly worse than in the United States.  In many facilities, food is insufficient in both quantity and quality, and prisoners must pay for adequate nutrition from their own funds.  Many Mexican prisons provide sub-standard medical care, and prisoners with urgent medical conditions may receive only a minimum of attention.  U.S. citizens are sometimes forced to pay hundreds and even thousands of dollars in “protection money” to fellow prisoners.

Prisoner Treatment/Interrogations: Mexico is party to several international anti-torture conventions, and both the Mexican Constitution and Mexican law prohibit torture.  However, U.S. citizens have reported being beaten, sexually assaulted, and subjected to severe interrogation techniques while in the custody of Mexican security forces.  In its annual report, Mexico's National Commission on Human Rights documents cases of Mexican security forces using torture as a means to obtain information or coerce a confession.  Convictions of security forces for torture or other alleged abuses are rare.

SPECIAL CIRCUMSTANCES: Weather conditions vary as they do in the United States.  From June to November, the country may experience strong winds or rain as a result of tropical storms in the Gulf of Mexico or along the Pacific Coast.  Some areas may experience earthquakes.  It is prudent to leave a detailed itinerary, including local contact information and expected time and date of return, with a friend or family member, as well as sign up for the Smart Traveler Enrollment Program (STEP).

Water Sports: Visitors to Mexico should assess the potential risks of recreational activities.  Recreational facilities may not meet U.S. safety or sanitation standards.  Swimming pool drain systems may not comply with U.S. safety standards, and swimmers should exercise caution.  Several U.S. citizens have died in hotel pools in recent years.  Do not swim in pools or at beaches without lifeguards.  Parents should watch children closely when they are in or around water.  U.S. citizens have drowned or disappeared at Mexican beaches.

Warning flags on beaches should be taken seriously.  If black or red flags are up, do not enter the water.  In Cancun, there is often a very strong undertow along the beach running from the Hyatt Regency all the way south to Club Med.  Several drowning and near-drowning incidents have been reported on the east coast of Cozumel, particularly in the Playa San Martin-Chen Rio area.  In Acapulco, avoid swimming outside the bay area.  Several U.S. citizens have died while swimming in rough surf at the Revolcadero Beach near Acapulco. Despite the presence of U.S.-trained lifeguards, several U.S. citizens have drowned in the area of Zipolite Beach in Puerto Angel, Oaxaca, because of sudden waves and strong currents.  Beaches on the Pacific coast can be dangerous due to rip tides and rogue waves. Beaches may not be well-marked, and strong currents could lead to dangerous conditions for even the most experienced swimmers. Swimmers, waders, and even people simply walking along the beaches have been washed into the ocean by rogue waves.  Several have drowned and others have disappeared. Surfers and other water sports enthusiasts should always inquire about local conditions before going into the water. Do not swim alone in isolated beach areas.  Do not dive into unknown bodies of water, because hidden rocks or shallow depths can cause serious injury or death.

Rented sports and aquatic equipment may not meet U.S. safety standards or be covered by any accident insurance.  Scuba diving equipment may be substandard or defective due to frequent use.  Inexperienced scuba divers in particular should beware of dive shops that promise to “certify” you after only a few hours' instruction.  There are several hospitals and medical centers with hyperbaric decompression chambers to treat the effects of nitrogen narcosis (commonly referred to as the “bends”) in Mexico.  These tend to be in large cities and near tourist destinations where scuba diving is common, such as the Yucatan Peninsula.  Please note you will be expected to pay for service up front and likely in cash.  A number of tourists have died in parasailing accidents after being dragged through palm trees or slammed into buildings.  U.S. citizen tourists have also been killed in jet-ski accidents, especially in group outings when inexperienced guides allowed clients to follow each other too closely.  Vacationers at beach resorts have had accidents involving rented jet-skis.  Following such accidents, there have been cases of mobs gathering to prevent tourists from departing the scene and to intimidate them into paying exorbitant damage claims.

Boats used for excursions may not carry adequate life jackets, radios, or tools to make repairs and may not be covered by accident insurance.  Mariners preparing to depart from a Mexican harbor should visit the harbormaster and leave a detailed trip plan, including intended destination and crew and passenger information.

Resort Areas and Spring Break: Millions of U.S. citizens visit Mexican beach resorts each year, especially during "spring break" season.  Excessive alcohol consumption is a significant problem.  The legal drinking age in Mexico is 18, but it is not uniformly enforced.  Alcohol is implicated in the majority of arrests, violent crimes, accidents, and deaths involving U.S. citizen tourists.  See also the section above entitled “Sexual Assault.”

Mountain Climbing and Hiking: Travelers who wish to climb Pico de Orizaba in Veracruz should be aware that summer droughts in recent years have removed much of the snow coating and turned the Jamapa Glacier into a high-speed ice chute, increasing the risk of death or serious injury.  At least 17 climbers have died on the mountain and dozens have been injured in recent years.  Rescue teams operate without the benefit of sophisticated equipment. Any medical treatment provided in local hospitals or clinics must be paid in cash.  While guides are not required, the U.S. Embassy recommends hiring an experienced guide.

The Popocatepetl Volcano, located 40 miles southeast of Mexico City, and the Colima Volcano (Volcan de Fuego), located approximately 20 miles north-northeast of Colima city in the state of Colima on the southwestern coast, are two of the most active volcanoes in Mexico.  The area surrounding Popocatepetl has been declared off-limits by the Mexican government and the area surrounding the Colima Volcano has also been declared off limits at times.  When visiting volcanoes, stay in designated tourist areas and observe all safety recommendations from the Mexican Proteccion Civil that monitors the conditions.  Ash emitted from these volcanoes can cause respiratory problems and can occasionally disrupt air travel.

When visiting backcountry areas to hike or climb, it is prudent to leave a detailed itinerary, including route information and expected time and date of return, with your hotel clerk or a friend or family member.

Marriage and Divorce Requirements in Mexico: Marriage laws in Mexico vary from state to state.  In general, to marry a Mexican national in Mexico, a U.S. citizen must be physically present in Mexico and present any documents required in the local jurisdiction where the marriage will take place.  U.S. citizens who marry U.S. citizens or other non-Mexicans are not subject to a residence requirement but are required to present their tourist cards.  For more detailed information on marriage in Mexico, contact the Mexican Embassy or nearest consulate.  Divorce requirements vary by jurisdiction.  U.S. citizens should consult an attorney and/or the Mexican Embassy or nearest consulate for information on Mexican divorce requirements.

Real Estate and Time Shares: You should be aware of the risks inherent in purchasing real estate in Mexico and should exercise extreme caution before entering into any form of commitment to invest in property there.  Mexican law and practice regarding real estate differ substantially from the United States.  Foreigners who purchase property may find that property disputes with Mexican citizens may not be treated evenhandedly by law enforcement authorities or the courts.  Consumers should consult a Mexican attorney before undertaking a real estate transaction.

U.S. citizens should exercise caution when considering time-share investments and be aware of the aggressive tactics used by some time-share sales representatives. Buyers should be fully informed and take sufficient time to consider their decisions before signing time-share contracts, ideally after consulting an attorney.  Mexican law allows time-share purchasers five days to cancel the contract for unconditional and full reimbursement.  U.S. citizens should never sign a contract that includes clauses penalizing a buyer who cancels within five days.  Mexican time-share companies cannot be sued in U.S. courts unless they have an office or other business presence in the United States. The Department of State frequently receives complaints from U.S. citizens about extremely aggressive sales tactics, exaggerated claims of return on investment, lack of customer service, and questionable business practices by time-share companies, resulting in substantial financial losses for time-share investors.

A formal complaint against any merchant should be filed with PROFECO, Mexico's federal consumer protection agency.  PROFECO has the power to mediate disputes, investigate consumer complaints, order hearings, levy fines and sanctions for not appearing at hearings, and do price-check inspections of merchants.  All complaints by U.S. citizens are handled by PROFECO's English-speaking office in Mexico City at 011-52-55-5211-1723 (phone), 011-52-55-5211-2052 (fax), or via email.  For more information, please see the PROFECO website.

Ownership Restrictions: Under current Mexican real estate law, investment restrictions prohibit foreigners from acquiring title to residential real estate in so-called "restricted zones" within 50 kilometers (approximately 30 miles) of the nation's coast and 100 kilometers (approximately 60 miles) of the borders.  In all, the restricted zones total about 40% of Mexico's territory.  Nevertheless, foreigners may acquire the effective use of residential property in the restricted zones through the establishment of a 50-year extendable trust (called a fideicomiso) arranged through a Mexican financial institution that acts as trustee.

Under a fideicomiso, the foreign investor obtains all rights of use of the property, including the right to develop, sell and transfer the property.  Real estate investors should, however, be careful in performing due diligence to ensure that there are no other claimants to the property being purchased.  Fideicomiso arrangements have led to legal challenges in some cases.  U.S. issued title insurance is available in Mexico, and a few major U.S. title insurers have begun operations there.  Additionally, U.S. lending institutions have begun issuing mortgages to U.S. citizens purchasing real estate in Mexico.

Labor Laws: U.S. citizen property owners should consult legal counsel or local authorities before hiring employees to work in their homes or on their vessels moored in Mexico.  Several U.S. citizen property owners have been sued for failure to comply with Mexican labor laws regarding severance pay and Mexican social security benefits.

Human Smuggling and Trafficking: Mexican authorities may prosecute anyone arrested for trafficking or smuggling of people into or out of Mexico.

LGBT RIGHTS: Mexican law prohibits discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals; however, LGBT persons report that the government does not always investigate and punish those complicit in abuses.  Discrimination based on sexual orientation and gender identity remains, despite a growing public acceptance of LGBT individuals.  U.S. citizens should exercise discretion in identifying themselves publicly as LGBT.  For more detailed information about LGBT rights in Mexico, you may review the State Department’s annual Country Reports on Human Rights Practices.  For further information on LGBT travel, please read our LGBT Travel Information page.

ACCESSIBILITY: Individuals with disabilities may find accessibility and accommodation very different from what they find in the United States.  Mexican law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, and the provision of other services.  However, the law is not effectively enforced.  Public buildings and facilities continue to be in noncompliance with the law requiring access for persons with disabilities, as do most hotels and other tourist facilities.  U.S. citizens with disabilities should consult individual hotels and facilities in advance of travel to ensure they are accessible.