Tabasco Strengthens Protection Against Cacao Theft

Tabasco is strengthening legal protections for cacao producers amid concerns over theft from farms and storage facilities. The LXV Legislature of the Tabasco State Congress approved reforms to Articles 179 and 189 of the state Penal Code to establish specific penalties for the theft of cacao, its derivatives and equipment used in production. The reforms were approved during the Fourth Extraordinary Session following a proposal introduced in November 2025 by lawmaker Gerardo Hernández. 

The initiative cited an increase in cacao theft from fields and warehouses in recent years. According to the proposal, criminals have taken advantage of the size and location of cacao plantations to steal crops at night or when there is limited surveillance. The losses have affected producers economically, discouraged production, and impacted the local economy.

Before the reform, there was no specific criminal classification for the theft of agricultural products such as cacao. Similar specialized offenses already existed for crimes including livestock theft, theft of fishery products and theft from educational facilities. As a result, cacao theft was generally classified as common theft, subjecting offenders to lower penalties.

The reform establishes prison sentences of five to 20 years and fines ranging from 300 to 1,000 Measurement and Update Units (UMA) for stealing cacao pods from plants or harvested cacao, as well as for taking dry or wet cacao stored or undergoing post-harvest processing. The penalties also apply to those who purchase, market, distribute or process stolen cacao, or who cannot prove the legal origin of the product. The provision further covers the theft of engines, machinery and tools used for cacao cultivation, harvesting or processing.

The reform also addresses producers’ concerns about reporting crimes. Because some producers have been reluctant to file complaints due to fears of retaliation, cacao theft will now be prosecuted ex officio. Complaints may be filed anonymously, and upon receiving a report, the Public Prosecutor’s Office must initiate an investigation while protecting the identity of the complainant.

The reform to Article 180 establishes additional penalties of six months to five years in prison when the theft involves physical or moral violence against a person, without affecting any other penalties resulting from the violence. The new provisions could provide greater legal protection for producers across Tabasco’s cacao-producing regions as the state maintains its leading position in Mexico’s cacao industry and supplies both domestic and international markets.

Tabasco exports about 10% of its cacao production, with Germany and France among the main EU destinations, according to Francisco Lastra, Head of the Representation Office, Ministry of Agriculture and Rural Development (SADER) in Tabasco. The state remains Mexico’s leading cacao producer, accounting for 62.3% of national output in 2024, while a new state law establishing penalties of up to 20 years in prison for cacao theft seeks to address losses affecting producers and the local economy.

Mexico produced 28,447t of cacao in 2024 from 52,273ha of harvested land, with a production value of MX$1.21 billion (US$70.6 million) according to data from the General Directorate of Agri-Food and Fisheries Information Service. Tabasco contributed 17,732t, or 62.3% of national production, followed by Chiapas with 10,447t and Guerrero with 268t. 

Lastra says Tabasco’s cacao production reaches up to 800 kg/ha, allowing the state to supply domestic demand while maintaining exports. Germany and France are the main European destinations, where the cacao is primarily used in chocolate production.

“Production remains steady and, above all, Tabasco cacao is a highly valued product because of its flavor and quality, and there are sufficient elements to continue producing and exporting both nationally and internationally,” Lastra says. He adds that drought did not significantly affect cacao production in the state this year.