Mexico has begun enforcing a sweeping new ban on vapes, raising the risk of jail time and heavy fines for travellers who bring vape products into the country.
The measures came into force on January 17, 2026, following the publication of a constitutional reform by President Claudia Sheinbaum Pardo in the Official Gazette of the Federation a day earlier.
Alongside penalties for travellers, investigators and policy experts say the ban is already strengthening the grip of organised crime on the vape market, raising concerns about unregulated products and criminal involvement in supply chains.
An investigation by the Associated Press reported that criminal groups have expanded their control of vape sales in several regions, forcing some legitimate retailers out of business.
Drug policy researcher Zara Snapp said: “By banning it, you’re handing the market to non-state groups.”
Lawyer Alejandro Rosario added that cartels were gaining another revenue stream that is not a major enforcement priority for U.S. authorities.
Before the prohibition, Mexico’s legal vape market was valued at about $1.5 billion. Even then, criminal groups were reported to have intimidated shop owners and taken control of some businesses.
“They don’t come asking whether you want to (give them your business) or not, they come telling you what’s about to happen,” one former shop owner said.
Tourists warned of penalties
Under the constitutional reform, all activities related to vapes and vaping are criminalised, alongside the production and sale of certain drugs and chemical precursors.
The law states: “The law will penalise all activities related to electronic cigarettes, vaping devices, and other analogous electronic systems or devices specified by law, as well as the production, distribution, and sale of toxic substances, chemical precursors, the illicit use of fentanyl, and other unauthorised synthetic drugs.”
The ban includes restrictions on importing vapes into Mexico, meaning tourists could face sanctions if they arrive with devices in their luggage.
Cruise Hive reported:
“If guests are caught, they could see their devices confiscated, face hefty fines of up to $12,500 (€10,500) – and/or detainment.”
It added: “The crime is also punishable by up to eight years in prison.”
Mexico has tightened vaping rules over recent years, moving from partial restrictions to a near-total prohibition on sale, distribution and import.
Once promoted as a tool to help smokers quit, vapes are now banned in dozens of countries amid concerns over youth use and health risks. By mid-2025, at least 46 countries – including Mexico – had comprehensive bans on the sale and distribution of vapes and vaping products.
Public reaction and online warnings
The tougher enforcement has prompted warnings from travellers and residents on social media.
On Reddit, one user wrote: “Mexico has very strong anti-smoking laws but they are only sporadically enforced. It is illegal to bring vape pens and paraphernalia into Mexico. Thus has seen stronger enforcement lately.”
Another user said: “A couple who were arrested with me had been in Mexico since December and were leaving to go home and were arrested for exporting an electronic vape. I didn’t see any warnings so I just thought I would make a post warning people.”
How the ban came into force
Former president Andrés Manuel López Obrador had previously banned imports and sales of vapes, but Mexico’s Supreme Court ruled the measure unconstitutional.
He later pushed for a constitutional amendment, which passed in January 2025 under Sheinbaum. However, a lack of implementing legislation left loopholes, allowing continued imports.
That changed in December, when a new law prohibited almost all vape-related activity except consumption, introducing fines and prison terms of up to eight years.
Shop owner Aldo Martínez, who was previously fined $38,000 for selling vapes, said he immediately stopped trading. “I don’t want to go to jail,” he said.
Enforcement and mixed outcomes
The ban took effect on January 16. The following day, authorities seized more than 50,000 vapes and displayed them in Mexico City’s central square.
Mayor Clara Brugada said enforcement was needed to protect young people.
Critics argue the policy may have unintended consequences while lawyer Juan José Cirión Lee said vague rules allow corruption and extortion.
“If I make a vague law.. I give corrupt authorities the ability to interpret it in a way to extort people,” he said.
