Article 195 Bis Federal Criminal Code

When, due to the circumstances of the act, the possession of any of the narcotics indicated in article 193, without the authorization to which the General Health Law refers, cannot be considered destined to carry out any of the conducts to which article 194 refers, a penalty of four to seven years six months of imprisonment and fifty to one hundred fifty days fine shall be applied.

The Federal Public Prosecutor's Office shall not proceed criminally for this crime against the person who possesses:

I.Medicines that contain narcotics, whose sale to the public is subject to special requirements of acquisition, when by their nature and quantity said medicines are those necessary for the treatment of the person who possesses them or of other persons subject to the custody or assistance of whoever has them in their power.

II.Peyote or hallucinogenic mushrooms, when by the quantity and circumstances of the case it may be presumed that they will be used in the ceremonies, uses and customs of the Indigenous and Afro-Mexican peoples and communities, as recognized by their own authorities.

For the purposes of this chapter, possession means: the material holding of narcotics or when these are within the radius of action and availability of the person.

The possession of narcotics may be investigated, prosecuted and, where applicable, sanctioned by the authorities of the common jurisdiction in the terms of the General Health Law, when the conditions of article 474 of said law are met.