Federal crimes in Mexico (delitos federales) are offenses defined by federal statutes or international treaties that Mexico has ratified, and they are prosecuted in federal court rather than by the 32 state systems. The category covers drug trafficking, firearms and explosives violations, organized crime, tax fraud and smuggling, money laundering, human trafficking, environmental offenses on federal lands, fuel theft, and corruption by federal officials. Sentences are generally harsher than state equivalents, several of these offenses carry mandatory pretrial detention, and the procedural rules differ in ways that matter from the moment of arrest.
What Makes a Crime Federal
Article 50 of the Organic Law of the Federal Judicial Branch sets the jurisdictional line. Federal district judges handle cases involving offenses defined in federal statutes or international treaties ratified by Mexico, crimes committed on federal property, and offenses targeting federal officials acting in their official capacity.1Tribunal Electoral del Poder Judicial de la Federación. Organic Law of the Federal Judicial Branch A crime committed abroad that produces effects inside Mexican territory also lands in federal court.
Federal judges likewise take jurisdiction whenever an offense disrupts a federal public service, even if that service has been decentralized or licensed to a private operator.1Tribunal Electoral del Poder Judicial de la Federación. Organic Law of the Federal Judicial Branch Any act undermining a federally regulated service, damaging federal property, or violating an international agreement signed by Mexico gets pulled out of local courts and into the federal system.
Drug Offenses
Drug crimes are classified as offenses against public health under the Federal Penal Code and the General Health Law. The federal government treats the entire supply chain as its domain: cultivation, processing, transport, sale, and international smuggling. Covered substances include cocaine, heroin, methamphetamine, fentanyl, marijuana above personal-use thresholds, and a range of synthetic drugs.
Penalties track the scale of the activity. Large-scale trafficking of controlled substances carries ten to twenty-five years in prison. Wholesale-level possession with intent to sell carries five to fifteen years. Small-scale dealing, prosecuted under the narcomenudeo framework created in 2009, carries four to eight years. Simple possession for personal consumption is treated differently from commercial activity.
A 2009 reform to the General Health Law added Article 479, which lists maximum quantities considered personal use. The most commonly cited thresholds are five grams for marijuana and two grams for opium, with limits also set for cocaine, methamphetamine, and other substances. A person carrying an amount at or below these limits cannot be charged with a drug crime and should instead be referred to health services. These thresholds don’t legalize drug use, and amounts above them but below trafficking-level quantities fall under the narcomenudeo regime, which may be prosecuted by either state or federal authorities depending on the circumstances.
Firearms and Explosives
Mexico’s Federal Law of Firearms and Explosives draws a hard line between civilian-legal weapons and those reserved for the armed forces. Civilians may possess semiautomatic pistols up to .380 caliber (9mm) and revolvers up to .38 Special, with registration through the Ministry of National Defense (SEDENA).2Law Library of Congress. Mexico Firearms Laws Sportsmen can obtain licenses for .22 rimfire rifles, certain shotguns, and some high-powered rifles, though several military-standard calibers are excluded.
Anything outside those categories is military-exclusive. Revolvers above .38 Special, pistols in 9mm Parabellum or .38 Super, and rifles in .223, 7mm, 7.62mm, or .30 caliber are all reserved for the Army, Navy, and Air Force. Possessing any of these without authorization is a federal felony. Smuggling military-exclusive firearms, ammunition, or explosives into Mexico carries five to thirty years in prison.2Law Library of Congress. Mexico Firearms Laws This is where many foreign nationals run into trouble at the border. A single firearm that qualifies as military-exclusive triggers federal prosecution.
Because SEDENA regulates all firearms in Mexico, every violation of the firearms law is a federal matter. Local police who find illegal weapons during a routine stop must transfer the case to federal authorities. Anyone who purchases a firearm must register it with SEDENA within thirty days.2Law Library of Congress. Mexico Firearms Laws
Organized Crime
The Federal Law Against Organized Crime targets groups of three or more people who coordinate on an ongoing basis to commit certain federal crimes. The list includes drug trafficking, arms smuggling, human trafficking, kidnapping, money laundering, counterfeiting, migrant smuggling, vehicle theft, and organ trafficking. What distinguishes an organized-crime prosecution from an ordinary drug or weapons case is the element of coordinated, ongoing criminal activity.
These charges unlock enhanced penalties beyond whatever the underlying offense carries, and they allow prosecutors to use specialized investigative tools, including communications interception and witness protection. The practical consequence for defendants is significant: organized-crime charges trigger mandatory pretrial detention, so release on bail is not available while the case is pending. Federal prosecutors and agents handle these cases exclusively.
Tax Fraud, Smuggling, and Money Laundering
The Federal Tax Code defines several offenses targeting economic integrity. Tax fraud, meaning the use of deception to avoid federal taxes or obtain undue tax benefits, carries three months to nine years in prison depending on the amount evaded. Sentences can increase by half when the fraud involves false documents, fabricated tax losses, or sham corporate structures. Smuggling goods into the country without paying required duties or bypassing official ports of entry is a separate offense under the same code, with similar ranges based on the amount of evaded duties.
Travelers entering or leaving Mexico must declare any amount of cash, checks, money orders, or other cashable instruments totaling $10,000 USD or more. Failing to declare triggers a fine of 20% to 40% of the undeclared excess. When the undeclared amount reaches $30,000 USD or more, the traveler faces six months to six years in prison and seizure of the funds if they cannot demonstrate a lawful origin. Inability to prove legitimate sources can result in five to fifteen years in prison.3Consulate General of Mexico in Montreal. What Objects Can I Bring in My Luggage to Mexico
Money laundering is prosecuted under both the Federal Penal Code and the Federal Law for Prevention and Identification of Transactions Involving Funds from Illegal Activities. The Penal Code criminalizes acquiring, managing, or investing resources that a person knows come from illegal activity. The companion law imposes reporting obligations on financial institutions and certain non-financial businesses, with penalties for non-compliance ranging from fines to prison terms of two to eight years. Mexico’s financial intelligence unit (UIF) coordinates with federal prosecutors on suspicious transactions, and money laundering can trigger organized-crime charges when committed as part of a coordinated group.
Human Trafficking
Human trafficking (trata de personas) is prosecuted under the Law to Prevent and Punish Trafficking in Persons. It covers anyone who recruits, transfers, delivers, or receives a person through force, deception, or abuse of power for sexual exploitation, forced labor, slavery, or organ removal. The base penalty is six to twelve years in prison. When the victim is a minor or someone who cannot understand or resist the act, the sentence rises to nine to eighteen years. Penalties increase by up to half when the perpetrator is a public official or a family member of the victim.
Environmental Offenses and Fuel Theft
Environmental offenses become federal when they affect protected natural areas, federally managed resources, or species under federal protection. The Federal Penal Code criminalizes illegal logging, unauthorized mining, and the exploitation of endangered species within these zones. Activities that significantly damage the ecological balance of a national park or federal reserve can bring prison time and substantial fines.
Fuel theft from federal pipelines and infrastructure, known as huachicoleo, has become one of the most significant non-drug federal crimes in recent years. Because petroleum and gas infrastructure belongs to the federal government, any theft from pipelines, refineries, or storage facilities is prosecuted federally.
Corruption and Counterfeiting
The Federal Penal Code devotes specific chapters to offenses committed by federal officials who betray public trust. Embezzlement (peculado) occurs when a federal official diverts public funds or government property for personal benefit. Bribery (cohecho) covers both the official who solicits or accepts an improper benefit and the private party who offers it. Penalties scale with the value involved: smaller bribes carry three months to two years in prison, while amounts above the statutory threshold bring two to fourteen years along with a lengthy ban from holding public office.
Counterfeiting national currency also lands squarely in federal court. Producing, altering, or knowingly circulating counterfeit bills or coins carries five to twelve years in prison and a fine of up to 500 days of the offender’s income.4Banco de México. Notice About Fine Metal Altered Coins The same penalty applies to forging federal identification documents or credentials.
Mandatory Pretrial Detention
One of the most consequential aspects of Mexico’s federal system is mandatory pretrial detention (prisión preventiva oficiosa). Article 19 of the Constitution designates certain crimes as serious enough that a judge must order the defendant held without the option of bail while the case proceeds. Organized crime, homicide, kidnapping, human trafficking, sexual offenses against minors, and several drug-related offenses have long appeared on this list.
A 2025 constitutional reform expanded the list to include extortion, offenses involving chemical precursors and synthetic drugs including fentanyl, smuggling, and crimes related to fraudulent tax invoices. Tax fraud and small-scale drug dealing were excluded from the expansion. The constitutional text requires courts to interpret the list strictly and literally, without extending it by analogy.
Defendants in this category can spend months or years in custody before a verdict. That reality shapes every decision a defense team makes.
Rights of the Accused
Mexico transitioned from a written inquisitorial system to an oral adversarial model through a 2008 constitutional reform that took full effect nationwide in 2016. Federal proceedings now revolve around oral hearings before a judge, with a formal presumption of innocence.
A detained person must be informed of their rights at arrest, including the right to a defense attorney. If the defendant cannot afford or chooses not to hire a private lawyer, the court assigns a public defender. The defense attorney can review the investigation file, attend all hearings, present evidence, and file appeals. All proceedings are conducted in Spanish, so defendants who do not speak the language have the right to a translator throughout the process. Defendants may refuse to make any statement, and silence cannot be used against them.5Homeland Security Digital Library. Mexico Overview on the Criminal Justice System and Procedures Applicable to American Citizens
Foreign nationals detained in Mexico have the right to contact their embassy or consulate. Under Article 36 of the Vienna Convention on Consular Relations, Mexican authorities must inform a detained foreign national “without delay” of this right, and the consulate may arrange legal representation once notified. How quickly this notification happens varies in practice, so foreign defendants should assert this right explicitly at the earliest opportunity.
The Amparo Remedy
The juicio de amparo is Mexico’s most powerful constitutional remedy for individuals whose rights have been violated by government action. It functions as a petition to the federal judiciary to review and potentially reverse an official act, including an arrest, a detention order, or a judicial ruling that violates constitutional protections.6Organization of American States. Permanent Council Mexico A defendant can use an amparo to challenge unlawful detention, procedural errors, or a final judgment issued in violation of the law.
One of the amparo’s most important features is the provisional suspension, where the court orders that things remain in their current state while the claim is reviewed. In criminal cases, that can prevent an authority from carrying out an action that would cause irreparable harm. The amparo must be filed before a federal district judge, typically within fifteen days of the challenged act.6Organization of American States. Permanent Council Mexico For anyone facing federal charges in Mexico, the amparo is often the first line of defense against procedural abuse.
Extradition
Mexico has extradition treaties with numerous countries, including a treaty with the United States that governs a large share of cross-border criminal cases. Under the U.S.–Mexico Extradition Treaty, either country can request the surrender of a person accused or convicted of an offense punishable by at least one year of imprisonment in both nations.7United Nations Treaty Series. Extradition Treaty Between the United States of America and the United Mexican States If the person has already been sentenced, extradition requires that at least six months of the sentence remain to be served.
The treaty covers a broad range of federal offenses, including drug trafficking, firearms and explosives violations, robbery, kidnapping, fraud, embezzlement, bribery, obstruction of justice, and banking crimes.7United Nations Treaty Series. Extradition Treaty Between the United States of America and the United Mexican States A dual criminality requirement means the conduct must be criminal in both countries. A person facing extradition can challenge the order through an indirect amparo filed within fifteen days of the decision. Extradition of Mexican nationals is politically and legally sensitive, and Mexican courts have historically scrutinized these cases closely before approving surrender.