Mexico

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Mexico is not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 25/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 0

4 To what extent are military or special security forces are involved in drug operations? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 100/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? No

source: GDPI Coding Team.

Article 194 of the Mexican Federal Criminal Code sets the maximum sentence for any drug offence at 25 years, precluding full life sentences.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? N/A

source: GDPI Coding Team.

Not Applicable

7 How frequently are formal life sentences imposed for drug use and personal possession offences? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Non-consensual confinement 0

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 16/100

1 How often are suspects in drug cases subject to violence or torture by the police? Very Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Substantially Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

Some elements of fair trials exist but the courts are not fully independent of the government and/or the justice system is characterized by widespread corruption, intimidation and inefficiency.

Equity of Impact of Criminal Justice Response 0

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 37/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? Yes

source: GDPI Coding Team.

Federal Criminal Code Art. 194 - 10-25 years for production, transport, trafficking, and supply of illicit substances

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? Mandatory Minimum Sentences Apply to the First Offence

source: GDPI Coding Team.

Criminal Code specifies minimum sentences, but there is no distinction between first or repeat offenders in terms of their application. As such, mandatory minimum sentences are taken to apply in the first instance.

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Constitution Art. 19 - Preventive detention can be used for drug offences, but it is not mandatory by law. A judge can order preventive detention at the request of the Public Prosecutor's Office

Alternatives to arrest/prosecution/conviction/punishment 70/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

General Health Act Art. 478 - No criminal prosecution for possession of controlled substances within the limits set by art. 479

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? Yes

source: GDPI Coding Team.

General Health Act Art. 478 - No criminal prosecution for possesion of controlled substances within the limits set by art. 479

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? Yes

source: GDPI Coding Team.

There is a pilot drug court project in the state of Nuevo León in operation since 2009. In 2014, the programme was extended to other states. Through these courts, individuals may opt to undergo treatment in lieu of formal prosecution.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

General Health Act Art. 481 - Suspended sentence or early release possible, but with the condition of obligatory medical treatment

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? No

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 0

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 64/100

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  Yes

source: GDPI Coding Team.

Mexico’s model of decriminalisation is codified in the country’s laws through statutory reforms, and was introduced in 2009, with Ley General de Salud (General Health law). In 2018 the Mexican Supreme Court ruled the prohibition of possession of cannabis for personal use and cultivation of cannabis was unconstitutional.

19 What % of the population live in a state/territory with decriminalisation provisions? 100%

source: GDPI Coding Team.

This law applies nationwide.

20 For states or sub-national units with decriminalisation, what substances are decriminalised? Cannabis Plus Other (But Not All) Drugs

source: GDPI Coding Team.

General Health Act, art. 479 includes a table of maximum amount and type of substance

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? Moderate

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 100/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

HIV action plan identifies PWID (emphasis on PWID, but the specific term 'people who use drugs' also appears in the plan) as one of the main populations threatened by HIV/AIDS (p. 12). There are many points in the plan itself targetting PWID (i.e. pp. 27,45)

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

HIV action plan p.11-12 - PWID included as one of the key populations

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Yes

source: GDPI Coding Team.

p. 75 - PWID identified as one of the population groups most at risk

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

Pages 24-25 of the plan: PWID included in 2 out of 3 primary objectives of the Action Plan

6 Are people who use drugs included in the Tuberculosis national strategic plan? Yes

source: GDPI Coding Team.

Latest plan ran from 2013-2018 (confirmed by expert contacts, an information request has been made through the Government Transparency Platform which has about 20 days to respond - information about the request was received on the 9th of June), p.45 - The plan aims to strengthen therapeutic adherence for people suffering from additional comorbidities such as the use of drugs.

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

Page 71 of the national plan - People who use drugs identified as one of the vulnerable groups

Harm Reduction Funding 0

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Very low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at under 10% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Likely to be reduced

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 31/100

10 Is at least one needle and syringe programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2025

21 Which of the following best describes the availability of drug checking services to people who use drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 16/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 75/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

General Health Act art. 3/XXVII Bis - This article states that medical care and comprehensive pain treatment are a matter of general health. General Health Act art. 33/IV - This article determines that palliative medical care includes comprehensive care to preserve the quality of life of the patient through prevention, treatment, control of pain, and other symptoms. General Health Act art. 166/3 - patients with terminal conditions have the right to request medicines for the relied of pain. Subsection 16 of article 166 explicitly mentions opioids by stating that treating physicians may provide analgesics from the group of opioids. There is also a National Strategy for Pain Control and Palliative Care with the aim of aim of expanding the supply and speeding up access to opioid drugs such as morphine for terminally ill patients with severe pain link (I could not find a specific document outlining the strategy).

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

The General Health Law establishes the government's ongoing obligation to provided controlled medicines for the treatment of pain.

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 0

4 What range of narcotic drug consumption does the state fall into? Low Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 24/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? No

source: GDPI Coding Team.

The latest national development plan (introduced by the president Lopez Obrador) includes a short section on alternative development. However, the AD program has not been implemented so far. As this index focuses on policy in the 2020 calendar year, Mexico is coded 'No' on this dimension There are only some statements by the President indicating his interest in the substitution of crops of poppy and cannabis for crops of corn and beans in the communities of Guerrero as part of the program "Sembrando Vida".

Alternative Development Policy Design N/A

2 Are Alternative Development policies and programmes embedded within a broader development programme? N/A

source: GDPI Coding Team.

Not Applicable

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Management of Crop Eradication N/A

6 Does alternative development policy include provisions for forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Efficacy of alternative development policy for key beneficiaries N/A

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

10 To what extent do alternative development policies and programmes benefit young people? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable