Will Vaping Be Fined in Jalisco?: The ABCs of the Reform

is part of a broader package promoted by the federal government, which also includes new powers for the Ministry of Health regarding drug procurement, rules for acquiring medical equipment, and measures against the trafficking of chemical precursors used to manufacture fentanyl.

Penalties of the Reform Against Vaping Devices

The core of the bill lies in two key articles: 282 quáter and 456 bis, which establish the penalties for those involved in any phase of the vaping device business. The reform sets prison sentences of 1 to 8 years for those who manufacture, distribute, sell, store, transport, or advertise vaping devices or analogous products.

Additionally, financial penalties ranging from 100 to 2,000 UMAs are foreseen, equivalent to between 11,314 and 226,280 pesos, depending on the severity and recidivism.

These penalties apply to those who carry out:

• Manufacturing
• Importing
• Exporting
• Distribution
• Commercialization
• Storage for commercial sale
• Transportation for commercial purposes
• Advertising and propaganda

The prohibition is absolute and national, with no exceptions for commercial businesses, disposable models, or digital sales modalities.

Will Vaping Consumers in Jalisco Be Fined?

No, individuals who consume vaping devices will not be penalized. In the final hours of the session, Morena and the PT pushed for an amendment to modify the controversial article 282 quáter. The adjustment added two crucial clarifications:

• The prohibition applies only to activities with commercial purposes.
• The consumption and possession of vaping devices are exempted.

In other words, if someone carries a vape in their pocket or uses it at home, they are not committing a crime. What is penalized is participation in the commercial chain. The amendment was presented by coordinator Ricardo Monreal, who argued that the objective is to prevent users from being criminalized. The PAN voted in favor of the change, although it emphasized its continued rejection of the rest of the bill.

Why Tighten Regulations Against Vaping Devices in Mexico?

Beyond politics, the debate focused on the growth of vaping among minors. Ricardo Monreal and several Morena legislators insisted that consumption among children aged eight and nine has become “lethal” and that the devices contain toxic substances, addictive flavorings, and potentially carcinogenic elements.

For the parliamentary majority, the absolute prohibition is a “preventive and protective” approach, aligned with Claudia Sheinbaum’s public health vision. The bill officially recognizes vaping as a health threat, opening the door to new prevention campaigns, regulations, and strategies to limit the exposure of vulnerable groups.

What’s Next?

The bill is now in the hands of the Senate, which must review and vote on it. If the Upper House approves it without changes, the reforms will be published in the Official Gazette of the Federation and will come into force immediately.

If senators propose adjustments, it will return to the Chamber of Deputies. And there, the debate could reopen.

What You Should Know If You Live in Jalisco

To contextualize the issue locally, this is the most probable short-term scenario:

• No fines or imprisonment for consumption: You can possess and use a vape; the law does not target you for this.
• Penalties will apply to sellers: Even small businesses, convenience stores, street vendors, WhatsApp distributors, or specialized stores can be subject to imprisonment or fines.
• Enforcement will be federal: The reform modifies a national law, so its application does not depend on the local Congress of Jalisco.
• Disposable devices are also prohibited: At the request of doctors and parents, they were explicitly included.

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