Travelers To Cancun Will Be Able To Smoke In Restaurants Again After Court Ruling

Last Updated 1 year ago

Since January 2023, Mexico has been home to one of the strictest sets of smoking regulations in the whole world.

Although the legislation was long known to be coming for locals and expats living in the country, it was a huge shock for many travelers who have known Cancun and Mexico to be friendlier to smokers.

Just a few months ago, the first battle against these strict regulations was won when a court granted restaurants and bars the ability to allow smoking on their premises.

Unfortunately, the criteria to allow this was so strict that only a handful of establishments made the grade.

Now, a further victory in the Mexican federal courts has blown the doors wide open and promises the return of certain freedoms to smokers visiting the paradise-like destination of Cancun.

What’s Changing

The rules are changing, but it doesn’t mean a return to the super-liberal smoking regulations pre-January 2023.

Instead, it takes what could be considered a more “European” attitude towards smoking in public.

Over 1,500 restaurants will now be able to offer smoking areas on their premises, with the understanding that they will be separate from a non-smoking area and not impact the health of other patrons.

The Heroes Of The Hour

Cancun is a special place; tourism is so integral to the economy and survival of this destination that the local business groups operating in the industry hold a huge amount of power.

This victory, though, was won by the National Chamber of the Restaurant and Seasoned Food Industry (CANIRAC).

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Non-governmental organizations such as the CANIRAC hold serious sway in Mexico, the country listens to them on issues that affect their members, and in the cases where they go against these organizations, it often signals a strong legal battle.

While everyone is aware of the many issues faced in Mexico, even with all these negatives it should be remembered that Mexicans have never given up on the ideals of democracy.

Like Americans, they are never shy to tell their government they aren’t happy.

Why This Is So Important To Cancun

Since January 15^th, when the new legislation was introduced, restaurants across Cancun have complained about the losses they have incurred because of these strict measures.

But it isn’t just the monetary spend in the restaurants that have driven these measures. The tourism industry here is a fantastic champion for the millions of travelers that choose Cancun each year.

Anything that negatively impacts a traveler’s experience is often met with strong opposition. While a vacation here may last for just a week or two each year for Americans, the locals rely heavily on travelers coming back year after year.

What Isn’t Changing

While this win is a big one, it only affects restaurants that are members of the CANIRAC and only those that are willing and able to implement the measures required to offer a smoking area.

Travelers are still unable to smoke at indoor and outdoor public spaces such as hotels, resorts, beaches, parks, and anywhere where children are to be found.

In other words, the only places where smoking is still legal are in private homes or private outdoor spaces.

With that being said, so far, these regulations haven’t been strictly enforced in destinations like Cancun. The authorities have taken the approach of letting the regulations settle and be taken up first by licensed establishments.

But fines are expected to soon become a daily reality, with the fine amount ranging from $50-$300, which is enough to dent a traveler’s budget.

Are More Changes Coming?

The information on whether this is the end of the legal challenges to the smoking ban is hard to come by, but it is expected that this isn’t the end.

A return to smoking on the beaches of Cancun is unlikely ever to happen; Mexico is pushing further down the environmentally conscious road.

But as far as restaurants and bars are concerned, the likelihood of further relaxation of the rules is expected. And with a new President on the horizon, the chance of change becomes an even bigger reality.

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