Importing a NON-THC hemp input (CBD, HHC, HHC-O, etc.) with total THC ≤1% is legal and does not require a prior sanitary import permit, but the tariff classification under which it enters customs determines whether it clears freely or is held. This page explains how it is correctly classified and what backs each step. Informational content; it does not constitute legal advice.
The principle: it is an industrial/food raw material, not a medicine
A typical hemp input (for example, a water-soluble CBD powder) is usually a mixture: a fraction of isolated cannabinoid + a majority of food excipients (maltodextrin, polysorbate 80/Tween 80, fatty esters and alcohols). Those excipients are substances of free use —FDA GRAS, Codex Alimentarius (e.g. E433)— that are imported into Mexico every day without a permit. The rule that defines its nature is the General Rule of Interpretation 3(b) of the Harmonized System: a mixture is classified by the material that gives it its essential character. If most of the composition is food excipients, the product is a food preparation/industrial chemical, not a medicine.Why it is NOT under Chapter 30 (medicines)
Heading 30.03 (and 3003.90.99) requires the product to be “put up for therapeutic or prophylactic uses”. A hemp input does not meet that definition when:- It has no declared therapeutic indication.
- It has no dosage (recommended dose).
- It is not registered as a medicine with COFEPRIS.
- It is raw material for later formulation, not a finished pharmaceutical product.
Tariff codes that do apply (order of preference)
The importer and their customs broker determine and formally propose the correct code. This is an educational framework, not a classification instruction.
What backs a clean import
- ≤1% THC documented per batch: Smart COA from an accredited ISO/IEC 17025 laboratory, ideally apostilled and accompanying the customs declaration (pedimento).
- COFEPRIS criterion: hemp-derived raw material ≤1% THC with broad industrial uses is not included in the annex of goods whose importation is subject to prior sanitary regulation; therefore it does not require a prior sanitary import permit and importation is free via customs authorities. The establishment that markets it only requires an operating notice (aviso de funcionamiento) in DIGIPRIS (Art. 200 bis LGS).
- Identification label (Art. 25 RCSPS): generic and specific designation, identification of the manufacturer/importer/packer/distributor, storage instructions, expiration date, and identification of the batch — all to ensure traceability.
- Substantive basis: Art. 245 fracc. V LGS (≤1% THC marketable/importable) + SCJN case law (see Regulatory traceability).
Consistency with the SAT criterion
The SAT (federal tax authority) oversees customs and applies the Automated Selection Mechanism (Mecanismo de Selección Automatizado) that decides free clearance vs customs inspection. When an equivalent input from the same importer has already received verifiable free clearance, there is a precedent of administrative consistency (Art. 16 CPEUM: acts of authority must be consistent) that backs the same treatment for goods of equal nature.If the goods are held (PAMA) — what it is and what to do
If a customs office issues a report and holds the goods, an Administrative Procedure in Customs Matters (PAMA) begins. Key points (general framework):- The right of defense is inalienable (Art. 14 CPEUM). The conduct of a customs broker’s employee (e.g. refusing to sign a proceeding) does not amount to the importer’s withdrawal.
- The notification takes effect by operation of law even if the employee does not sign (CFF framework); the procedural deadline runs from the notification — acting within the deadline is essential.
- The defense is built with: the correct tariff reclassification (above), the apostilled COA ≤1% THC, the COFEPRIS criterion of free import, the precedent of free clearance and, where applicable, the customs laboratory’s own opinion (which usually confirms that the product does not contain narcotics, psychotropics, or controlled substances).
- It may be accompanied by an expert opinion and the means of defense (Appeal for Revocation, Contentious Administrative Trial, Amparo) are reserved for their procedural opportunity.
How the EUM system helps: the Smart COA as a digital notary (immutable original PDF + cryptographic ledger + public verification without an account) gives an expert or the authority a real-time verifiable source that the product is ≤1% THC and from an accredited laboratory — exactly the evidence that defuses a poorly founded hold.
Sources
- Ley Aduanera — procedure and powers (PAMA framework) · Código Fiscal de la Federación — notifications · Ley General de Salud — Art. 245 fracc. V, Art. 200 bis · RCSPS — Art. 25 · CPEUM — Arts. 14, 16. Text in force at LeyesBiblio.
- Harmonized System — General Rules of Interpretation (RGI/GIR 3(b)); Note 1 of Chapter 30.
- Laboratory accreditation: ISO/IEC 17025:2017 (NMX-EC-17025-IMNC-2018).