Mexican Police Extort Vape Users Amid Legal Loophole

Mexico City, Mexico — The constitutional ban on vaping devices in Mexico has led to an unexpected consequence: police officers are exploiting the legal ambiguity to extort citizens caught with e-cigarettes. Despite the prohibition, no clear penalties exist for possession, creating a loophole that corrupt officers are using to demand bribes from users.

A Legal Vacuum Fuels Corruption

On January 18, 2025, amendments to Articles 4 and 5 of Mexico’s Constitution took effect, equating vaping devices with fentanyl in terms of prohibition. However, the law remains unclear on whether mere possession constitutes a crime comparable to importing or selling the devices. This ambiguity has allowed authorities to harass and extort individuals, particularly young people and small business owners.

Cases of Extortion Across Mexico

Puebla: A Businessman Framed
Francisco Escoto, owner of the sneaker shop Sneakers Bros in Puebla, was targeted by customs agents during an inspection of his store. Despite providing invoices for his merchandise, agents claimed they found vaping devices on the premises—an accusation Escoto denies.

“I only sell sneakers, collectible clothing, and ‘art toys.’ I don’t sell or use vapes,” Escoto stated. He suspects the devices were planted to justify withholding his inventory, valued at over 5 million pesos ($250,000). Without a timely resolution, he risks losing his business.

Quintana Roo: Tourists and Locals Targeted
Armando G., a Playa del Carmen resident who rents vehicles to tourists, was stopped by a traffic officer for an illegal turn. The officer spotted a vape in his cup holder and demanded 5,000 pesos ($250), threatening arrest.

“He told me it was like carrying drugs in my trunk,” Armando recalled. Later, he learned a friend had faced the same extortion days earlier. Both believe officers operate under an unofficial “corruption manual” with fixed bribe amounts.

Mexico City: Students and Small Businesses Harassed
Lilian P., a 17-year-old student at UNAM’s Preparatory 3, was accosted by police while vaping near campus. Officers threatened to detain her for 48 hours unless she paid a 3,000-peso ($150) fine. Terrified, she pooled money with friends to hand over 500 pesos ($25).

Francisco M., a barber in Mexico City’s Tlatelolco district, was visited by a man claiming to be a government inspector. The individual demanded 200,000 pesos ($10,000) to avoid being reported for possessing vapes—a threat that left Francisco fearing eviction.

Experts Warn of Systemic Failures

Julia Anguiano, a researcher at the policy think tank Instituto RIA, confirmed that no federal or local laws specify penalties for vaping. However, the constitutional ban has emboldened police to act arbitrarily.

“The prohibition lacks secondary regulations, leaving users vulnerable to extortion,” Anguiano explained. “Until October, when the 180-day deadline for clarifying these rules expires, this legal limbo will persist.”

She noted that prohibition has also fueled black-market sales, benefiting organized crime. Meanwhile, corruption within law enforcement continues unchecked.

Recommendations for Users

Anguiano advised vapers to avoid using devices in public or near authorities to reduce risks. However, she emphasized that the long-term solution lies in regulation, not prohibition.

“The focus should be on neutralizing the negative effects of this ban by clarifying the law,” she said.

Broader Implications

The crackdown has drawn parallels to failed prohibitionist policies, with critics arguing that criminalizing vaping only empowers corrupt officials and illegal markets. Meanwhile, victims like Francisco Escoto and Armando G. remain caught in a system where ambiguity breeds exploitation.