Resolution of the Supreme Court on the medicinal use of cannabis

The Mexican Supreme Court of Justice (SCJN) unanimously approved Justice Eduardo Medina Mora’s proposed draft of a ruling that orders the Health Secretariat and COFEPRIS to issue the necessary regulations for the medicinal use of cannabis and its derivatives within a 180 business days term. The ruling was issued after establishing that the Executive power breached the mandate of the June 2017 reform to the General Health Law that gave them 6 months to issue such regulations.

The Amparo filed under docket number 57/2019 was promoted by Carlos Avilés, a minor who suffers from West Syndrome (a childhood epileptic encephalopathy), claiming that his rights were affected by failure to issue the regulations on the medicinal use of cannabis so that he could access his treatment without onerous spending on imports.

Through a statement issued within the following 24 hours, the Health Secretariat and COFEPRIS said they would fully comply with the ruling issued under the Amparo 57/2019 by the Supreme Court. They also said that the areas of the Secretariat involved in the issuance of the regulation would be the Office of the General Counsel, the Undersecretariat for Health Prevention and Promotion, COFEPRIS, the Mexican Commission for the prevention of addictions (CONADIC) and the Psychiatric Care Services.

Open Parliament in the Senate for cannabis

Because there have been 10 Bills introduced to regulate cannabis, the Justice, Health, Second Legislative Studies and Public Security committees in the Senate will organize different “Open Parliament” activities to discuss and include the opinions of the society and contribute to a regulation according to the reality of the country.

The website www.cannabis.senado.gob.mx was enabled for public access, which contains all the relevant information regarding the Bills presented, the current regulatory framework, international treaties, regulations of other countries and the calendar of activities they will be carrying out, as well as a section to send comments and opinions.

Themed coffees: Towards the regulation of cannabis

On August 12, 14, 15 and 16, round tables were held in the Senate entitled “Themed Coffee: Towards the regulation of Cannabis” within the activities of the Open Parliament, organized by the Justice, Health, Second Legislative Studies, and Public Security committees. The event was divided into 12 discussion tables, analyzing 5 topics:

1. Regulation

2. Human Rights

3. Sustainable Development

4. Peace and Security

5. Health

Among the attendees were activists, academics, independent consultants and representatives of the cannabis industry. Within these working groups, at a press conference, Senator Julio Menchaca, President of the Justice Committee, considered that the Bill on cannabis regulation could be ready in September, since at the end of that month, the Supreme Court of Justice will declare unconstitutional 5 articles of the General Health Law that prohibit the use of marijuana.

Press conference of Senator Ricardo Monreal, Parliamentary lead of Morena

On Thursday, August 15, at a press conference, Senator Ricardo Monreal announced the planned agenda for the next period that begins on September 1. He divided their priorities into three blocks: the agenda of President López Obrador and the political and social agendas of the Parliamentary Group. In the social agenda, he said that among their priorities is the General Law for the Regulation and Control of Cannabis and said: “We want to issue in September the General Law for the Regulation and Control of Marijuana or Indica Cannabis, its scientific name.”

Mexico Cannabis Update