Mexican Approves Constitutional Ban on Vaping

The Mexican Chamber of Deputies has approved, in general terms, a constitutional amendment to prohibit the use of vaping devices, e-cigarettes, and illicit fentanyl. The measure passed with an overwhelming majority of 410 votes in favor, 24 against, and zero abstentions.

The reform, part of a package of 20 initiatives sent by President Andrés Manuel López Obrador during his term, comes in response to alarming statistics on the rising use of electronic cigarettes among the country’s youth. The 2022 National Survey of Health and Continuous Nutrition revealed that e-cigarette use reached 2.6 percent among adolescents (approximately 500 individuals) and 1.5 percent among adults (around 300,000 people), raising concerns about the negative health impacts.

Additionally, the Federal Commission for the Protection of Sanitary Risks reported that in 2022, approximately five million people between the ages of 12 and 65 had used a vaping device at least once, while regular use was observed in 975,000 individuals.

Read more: Mexico Plans to Set Vape Ban in the Country’s Constitution

Constitutional Amendments and Legal Framework

The approved bill amends Articles 4 and 5 of the Political Constitution of the United Mexican States, establishing that “to guarantee the right to health protection, the law will sanction all activities related to electronic cigarettes, vaping devices, and other similar electronic systems or devices as specified by law, as well as the production, distribution, and sale of toxic substances, chemical precursors, the illicit use of fentanyl, and other unauthorized synthetic drugs.”

The amendments also stipulate that any profession, industry, domestic or foreign trade, work, or any other activity related to these substances is prohibited. The production, distribution, and sale of toxic substances, chemical precursors, and the illicit use of unauthorized synthetic drugs, such as fentanyl and methamphetamines, are also explicitly banned.

Following the enactment of this bill, the Congress of the Union will have a period of 180 days to harmonize the legal framework of the relevant laws with the content of the decree. The legislatures of the 32 states in the country must make the necessary regulatory adjustments within 365 calendar days following the publication of this reform, as indicated in the transitional regime.

Read more: Mexico President Sheinbaum: Vape Ban Could Pass This Year

Budget Considerations and Implementation

The Plenary considered that no additional resources will be authorized for the implementation of this bill, and any charges generated once it comes into force will be covered by the approved budgets of the responsible spending executors for the current fiscal year.

Regarding the disbursement generated by the entry into force of this decree, it is determined that it will be carried out with the charge to the approved budgets of the responsible spending executors for the current fiscal year, and no additional resources will be authorized for such purposes.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.