Background

In amparo under review 57/2019, the Supreme Court of Justice of the Nation (SCJN) passed sentence in favor of a minor; ordering the Ministry of Health, among other aspects: ” That it comply with its duty to  create the rules for the use of cannabis medicines without 180 working days .”

Actions

For such purposes, the Office of the Attorney General of the Ministry of Health required the Federal Commissioner for Protection against Health Risks and its General Legal and Consultative Coordinator, in order to carry out, as a priority and urgent matter, the work related to the harmonization of the regulations tending to comply with the judgment, with the participation of the Undersecretariat for Prevention and Health Promotion, the National Commission against Addictions, Psychiatric Care Services, and other substantive areas of the Secretariat in the matter.

Suspension of procedural terms by COVID-19

Through General Agreement 4/2020, published in the Official Gazette of the Federation on March 20, 2020, regarding contingency measures for the public health phenomenon derived from the SARS-CoV2 virus, causing the COVID-19 disease, the Plenary of the Council of the Federal Judiciary (CJF):

  • It considered the public service for the administration of justice as an essential activity and, consequently, maintained the operation of the jurisdictional bodies for the attention of urgent cases.
  • He specified that the work in the jurisdictional organs of the Judiciary was suspended in its entirety as of March 18, and consequently, as of that date, the procedural terms and terms would not run, with the exception of urgent matters. The Agreement was subsequently amended to extend the suspension until June 30, with the same exception.

Agreement of the court of knowledge and expiration of the term

Notwithstanding that the Plenary of the CJF determined that the suspension of terms operated until June 30, except in urgent cases; On June 9, the court of knowledge notified the Ministry of Health of the provision in which it considered, until that moment, that the judgment of Amparo under review 57/2019 “fits in the cases of urgent case”. In this sense, the term of 180 working days to create the rules for the medicinal use of cannabis continues to run again as of June 10, 2020, the date on which the notification of the aforementioned Agreement took effect.

Taking into account that the sentence was notified to the Ministry of Health on September 30, 2019, the approximate expiration date is September 9, 2020.

It should be noted that all areas of the Secretariat continue to work on the issue, to comply with this judgment.

Source:  https://www.gob.mx/salud/prensa/140-plazo-de-cumplimiento-de-la-sentencia-del-amparo-en-revision-57-2019-reglamento-de-cannabis-247017

 

MJ Biz have some detailed background as to the whys and wherfores of Mexico’s current state of play with regard to cannabis legislation

 

Mexico to implement 3-year-old medical cannabis law as full legalization delayed

This might be worth a quick read too, whilst we’re on the subject of Mexico

 

‘COVID-19 changed everything’: Q&A on Mexico hemp with Luis Armendariz