Criminal Penalties in Mexico

While in a foreign country, an individual is subject to that country's laws and regulations, which can differ significantly from those in the United States – and may not afford the protections available to the individual under U.S. law. The trial 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 expelled, arrested, or imprisoned. Penalties for possession, use or trafficking in illegal drugs in Mexico are severe, and convicted offenders can expect long jail sentences and heavy fines. If you break local laws in Mexico, 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. If arrested in Mexico, a U.S. citizen must go through the foreign legal process including possible charge or indictment, prosecution, possible conviction and sentencing, and any appeals process. 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.

Sexual Crimes: Sexual exploitation of children or using or disseminating child pornography in a foreign country 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 announced an aggressive program to discourage sexual tourism. Police authorities in the state of Baja California recently began enforcement of anti-pedophile legislation.

Firearms Penalties: Illegal firearms trafficking from the United States into Mexico is a major problem and the Mexican government has strict laws prohibiting the importation of weapons. 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 entry of firearms and ammunition along all land borders and at airports and seaports, and routinely x-rays all incoming luggage. U.S. citizens entering Mexico with a weapon or any amount of ammunition at all, even accidentally, generally are detained for at least a few days, and can result in arrests, convictions, and long prison sentences. Travelers are strongly advised to thoroughly inspect all belongings prior to travel to Mexico to avoid the accidental import 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 any ammunition. The U.S. Embassy in Mexico recommends prospective hunters obtain the services of a licensed shooting or hunting club for help in importing any firearm or ammunition, which require separate permits. Prohibited weapons and calibers are all those identified by Mexican law as reserved for "the exclusive use of the Mexican military." These prohibited weapons and calibers include: full-auto and semi-auto handguns larger than.380, revolvers.357 Magnum and larger, rifles larger than.30 caliber, and shotguns larger than 12ga or with a barrel shorter than 25 inches. Allowed hand gun calibers are.380 auto,.38 and.22. Allowed long guns are: rifles no larger than.30 caliber, and 12-, 20-, and 410-gauge shotguns with barrels longer than 25 inches. For more information aboutimporting huntingweapons or ammunition into Mexico, contact the ANGADI (Asociación Nacional de GanaderosDiversificados 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 unclear and often enforced selectively. To determine whether a particular medication is controlled in Mexico or requires a prescription from a Mexican doctor for purchase, 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 required, 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 in Mexico without a Mexican prescription. The prescription must be written by a physician who is federally registered. Purchasing a controlled medicine without a valid prescription in Mexico 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. 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 only to be arrested soon after or have money extorted by criminals impersonating police officers. Those arrested are often held for the full 48 hours allowed by Mexican law without charges being filed, then released. During this interval, the detainees are often asked for bribes or are solicited by attorneys who demand large fees to secure their release, which will normally occur without any intercession as there are insufficient grounds to bring criminal charges against the individuals. In addition, U.S. law enforcement officials believe that as many as 25 percent of the medications available in Mexico are counterfeit and substandard. Such counterfeit medications may be difficult to distinguish from the real medications and could 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: Mexico has new laws that have been touted by the press as making the possession of drugs for personal use legal. Many of the allowable amounts are much less than what has been reported by the news media. 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 traveling to Mexico should review this information 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 into Mexico. For a fee, a customs broker can process the permit before the Mexican authorities 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. In practice, however, depending on where the arrest takes place, this notification can be months late, 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. Also see the "grandparent scam," described above in the Harassment/Extortion section, 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 can be extremely poor. 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 who are incarcerated in Mexico are sometimes forced to pay hundreds and even thousands of dollars in "protection money" to fellow prisoners. From 2009 through 2012, 29 U.S. citizen deaths in Mexican prisons have been reported, including at least 9 apparent homicides.

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 seeking to obtain information through torture. Convictions for torture or for any alleged abuses by security forces are rare.

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