Mexico’s Vape Ban Fuels Cartel-Driven Black Market Expansion
Mexico’s recent constitutional amendment has banned the sale of electronic cigarettes and vapes. This decision has drastically reduced legal sales, with many vendors shutting down, effectively handing a $1.5 billion industry over to criminal cartels. The absence of clear regulations has allowed organized crime to infiltrate this market.
Background of the Vape Ban in Mexico
The push for a vaping ban began when former President Andrés Manuel López Obrador expressed strong opposition to electronic cigarettes. In 2022, he prohibited their import and sale. Following a declaration from Mexico’s Supreme Court that deemed the ban unconstitutional, López Obrador advocated for a constitutional amendment. This amendment was successfully passed in January 2025 under President Claudia Sheinbaum.
Under this new law, e-cigarettes and vapes are treated similarly to illicit drugs such as fentanyl, a comparison criticized by many legal experts. Although the new law imposed heavy penalties, including fines and potential prison sentences of up to eight years, it initially left loopholes that allowed continued importation of vaping products from China and the United States. In December 2025, legislation closed these gaps but created a restrictive environment around the legal sale of vapes.
Impact on Organized Crime
The vacuum left by the legal industry has led to the rise of a booming illicit market for vapes and tobacco. According to a report by civil organizations and journalist Oscar Balderas, at least seven cartels are competing for dominance in this new underground market. These include:
- CJNG
- Sinaloa Cartel
- Nueva Familia Michoacana
- Gulf Cartel
- Northeast Cartel
- United Cartels
- La Unión Tepito
This illegal trade is not only financing the cartels but also enabling them to fund weapons, logistical operations, and conflicts across at least 16 high-risk states in Mexico. The illegal vape market has become an essential revenue stream for these criminal organizations.
The Government’s Stance and Its Consequences
Critics argue that by banning vapes, the Mexican government has inadvertently empowered non-state actors amid ongoing corruption and violence linked to cartels. Legal expert Alejandro Rosario pointed out that this issue is a low priority for the U.S. government, as vaping remains legal there.
While the government presented the ban as a public health victory, its effectiveness has come into question. Observers report a lack of enforcement guidelines and penalties, resulting in a “vague legal cloud” that fails to provide clarity for users or law enforcement. Julia Anguiano from Instituto RIA noted that despite the constitutional amendment, without proper regulation, the situation remains precarious for all involved.
Conclusion
The vaping ban in Mexico has significantly impacted the landscape of nicotine sales, pushing many businesses into extinction while enriching organized crime. As Mexico navigates this complex situation, experts urge for a regulatory approach rather than outright prohibition to ensure a healthier and safer environment for citizens.
