INTRODUCING " MEDICAL MARIHUANA " IN TO MÉXICO? - García Abogados en Tijuana Attorneys in Tijuana
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Do you live in USA and prescribed or know someone who was prescribed “Medical Marihuana”, and there is the intention to come across to Tijuana with prescribed…? Be careful, in Mexico possession, transportation, consumption and internalize of Marihuana in to the country (like other drugs and/or psychotropic drugs) is prohibited and is considered a crime, here is a brief example of everything that could happen to those who do this kind of behavior, since they are caught at Customs Tijuana, until they return to retrieve their vehicle and the process ends at the Federal Court.

Crossing to Tijuana and they are stopped by elements of Mexican Customs in possession of Marihuana, whether the so-called “Medical Marihuana”, let’s say that 380mg as an example, this persons are committing a crime classified as serious by Mexican law (grave felony) by the fact that they are introducing this drug in to our country, so they got arrested in Tijuana.

At that time, Mexican Customs have initiated an “Administrative Procedure in Customs Matters” (PAMA) where they shall state all the facts and they will intent to collect the fees and “omitted taxes,” proceeding to seize the motor vehicle which has entered the country (if applicable) to ensure the payment and then they will send this persons to the Procuraduría General de la República (PGR), where the Federal District Attorney (AMPF) will study the case and then will decide their legal status.

Once in PGR, the AMPF (DA) will have 48 hours to decide the legal status of the persons referred. In this case, their attorneys in Tijuana arrived and managed to get them the right to get bail, so these people are out before the 48hrs, reclassifying the crime of “introduction” to “simple possession” of marihuana, however, the legal process will have to be followed to its conclusion in a Federal Court.

To get their vehicle back from Mexican Customs, they will have to follow a whole process at the Legal Department of Customs Tijuana, at first they will have to submit a written requesting the return of the vehicle, then wait for the report from the AMPF (DA) releasing the vehicle and then wait for another report from the AMPF (DA) mentioning that according to their research, indeed it was Marihuana what it was found, and then wait for Customs to assign a date to deliver the multiple payment form with the amount due, then they will have to make the payment at the bank and then submit another document saying that the payment has already been done, and then go back to get assign a date and time to finally get the return of the vehicle.

Like we are talking of “Marihuana” (380mg) the amount payable according the Customs of Tijuana, is applied in concordance with Article 200 of the current Customs Law (Ley Aduanera), so this will be between $49,140.00 pesos and $65,520.00 pesos, in other words, Mexican Customs will decide at their will which amount will apply, but it will have to be between those two amounts.

Now, they must return to the Federal Court where the case is taking place, and continuing with our example, the judge ordered them to go to sign at the Court House every week, then they will have to go to register at the penitentiary of Tijuana to create the “Ficha Signalectica”, in order to continue with the process until finally, in approximately five months, the judge will impose the penalty, resulting in a benefit which will be the payment of a fine which usually is the same amount as the bail given in warranty, this can be used as the final payment, and this penalty will be for having committed the offense of simple possession of marihuana.

This is just an example and the best-case scenario, legally speaking, to what a person risks trying to come across to Mexico with “Medical Marihuana.”

Lic. Carlos García
Lic. Javier Tarín.
Your Attorneys in Tijuana.

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