Mexico Vape Ban Advances, Could Jail Consumers

Mexico City — The Health Commission of the Chamber of Deputies has advanced a reform to the Health Law that establishes penalties of one to eight years in prison for the preparation, conservation, production, manufacturing, mixing, conditioning, packaging, handling, transportation, storage, import, export, trade, distribution, and sale of electronic cigarettes or vapes.

However, the wording of Article 282 Quater specifies that “acquisition” is prohibited throughout the national territory, which ignited debate among legislators, with even ruling party deputies acknowledging the “error.”

The initiative was approved by members of the Health Commission with 27 votes in favor, eight against, and one abstention. The reform also establishes a total ban on advertising or propaganda for the consumption of electronic cigarettes, vapes, and other similar systems or devices, through any printed, digital, television, or radio media.

The initiative also stipulates that those who commercialize, produce, manufacture, mix, transport, store, import, export, trade, or distribute or sell electronic cigarettes or vapes will face a fine equivalent to 100 to two thousand times the daily value of the Unit of Measurement and Update (UMA).

Legislators Denounce That It Criminalizes Consumers

During the debate, Movimiento Ciudadano (MC) deputy Juan Zavala emphasized that his party would vote against the proposal because it seeks to criminalize consumers, as the draft wording establishes one to eight years for obtaining a vape.

“Regarding the prohibition of electronic cigarettes and vapes. Now that the regime and Morena criticize the far right so much, congratulations on this regulation.

“The whole world must envy what you are doing here, prohibiting with prison sentences anyone who acquires a vape or an electronic cigarette. Again, anyone who acquires, that’s what it says, anyone who acquires an electronic cigarette from one to eight years in prison. I repeat, one to eight years in prison for anyone who acquires a vape or electronic cigarette,” he explained.

Even PT deputy Martha Aracely Cruz, secretary of the Health Commission, highlighted that the reform is good in terms of health, but she finds it punitive and excessive due to the penalties for consumers.

Similarly, PT deputy Margarita García García announced during the vote that she would submit a reservation to modify the wording of Article 282, so as not to “shoot themselves in the foot.”

“Because here in Article 282, indeed, changing it to acquisition for commercial purposes would alter the essence of the initiative, Mr. President. So I make it very clear, because I believe we must be, well, very analytical on this delicate issue, and I say this with great respect to everyone,” she explained.