Is It Legal?

Many people come to Mexico for a good time. They want the beaches, parties, free flowing alcohol and sun. It might never occur to them that entering another country means being subject to different laws, which may not be anything like their counterparts back home. If you commit a crime in Mexico, then you will be subject to Mexican law.

It's worth knowing what that law is then! We've compiled the most commonly queried legalities.

Alcohol

The age to legally drink alcohol in Mexico is eighteen.

Driving

You need to be 18 in order to drive in Mexico, however most rental agencies require the driver to be 21 years old.

Drugs

If you are carrying, or intend to buy, prescription drugs, then it is worth checking that they are also legal in Mexico. The Federal Commission for the Protection against Sanitary Risk (COFEPRIS) can help there. Their website, in English, is here. Each country differs on what is or isn't allowed, so even if your doctor back home gave them to you, they might be illegal over the border. It is also illegal to procure drugs with a prescription written by a doctor outside Mexico. You will need go see a doctor in Mexico first, then get him/her to prescribe your medication.

Some drugs, which may be illegal in your own country, are legal in small amounts in Mexico. These are quantities judged to be for personal use. They include: 5g marijuana, half a gram of cocaine, 50mg of heroin, 40mg of methamphetamine or 0.015mg of LSD. Anything over that is not legal.

Possession or use of any drugs deemed illegal in Mexico can carry a prison sentence of up to 25 years.

Firearms

Anyone wishing to take firearms, or ammunition, into Mexico can do so. However, they need a permit, secured prior to entry. It's not enough to declare the firearm at the border. These are strictly controlled and the penalties high.

Sex

The age of consent in Mexico is a little more complex than in neighbouring countries. The Federal Law, which exists as the minimum throughout the country, states that the age of consent is 12 years old (with restrictions). However, there is also state law, which changes depending upon which Mexican state you are in at the time. This places the minimum age at 12 (or puberty) through to 15. For example, in Quintana Roo, where millions of vacationers visit Cancun, the age of consent is 12.

However, before everyone goes cradle-snatching, please look again at that 'with restrictions' part. All of this very much relies upon the youngster being able to consent, with no complaints from him/her nor from his/her family. This includes consent given through seduction or deceit. In short, if the act has taken place, then either the child or their family complains, then the other party may find themselves with a lengthy prison term.

Moreover, some countries, like the USA, have laws on their own statute books governing sexual relations with minors in another country. In other words, it is legally possible for an American to travel to Mexico, engage with acts with a twelve year old; leave with no complaints nor arrest under Mexican law; then return home to find themselves on trial in their own country for 'sexual tourism' paedophilia.

It's probably much safer to move onto the age of consent (without restrictions). Again this varies from state to state, ranging from 16 to 18. In Quintana Roo, it is 18. The 'without restrictions' means that the family have no say in the matter and, unless someone has actually been raped, then there are no legal penalties.

Please note that the above applies equally to heterosexual and homosexual intercourse. It's all equal.