On June 19, 2017, by means of a decree published in the Federal Official Gazette, several provisions of the General Health Law were amended to design and implement a comprehensive regulatory framework for the regulation of pharmacological derivatives of cannabis, including its therapeutic and industrial use. By means of a transitory article, the Ministry of Health was granted a period of 180 days from publication to regulate and harmonize the relevant regulations in this regard.
The Ministry of Health did not comply with this instruction in the period originally established; therefore, to this day, although the therapeutic and industrial use of cannabis is referred to in the General Health Law, there are still no regulations, institutions, mechanisms and distribution of powers necessary for its implementation.
Failure to comply with this provision by the Ministry, led a patient with West Syndrome to file a constitutional claim (Amparo), based on the fact that he requires products derived from cannabis for treatment. As part of his action, the plaintiff requested that the regulatory omission be remedied in order to harmonize legislation and guarantee medical access to cannabis products in terms of the Law.
Derived from the unconstitutionality of this regulatory omission and its effect on the right to health protection of the patient, the case reached the Supreme Court.
On August 14, 2019, as per proposal of Justice Eduardo Medina Mora, the Second Chamber of the Court ordered the Ministry of Health to comply with its obligation established in the transitory articles of the Reform to the General Health Law, granting the Ministry 180 days to harmonize legislation on the therapeutic use of cannabis.
The Ministry of Health, through the Federal Commission for the Protection against Sanitary Risks, has informed that it will comply with this ruling.
Based on the aforesaid, everything seems to indicate that in a period of between six and nine months, Mexico will have a defined regulatory framework for the therapeutic use of cannabis and its derivatives.
Our Cannabis Law practice group, is ready to assist you with any questions or commentaries relating to this matter.
SINCERELY
Juan José Lopez de Silanes
lopez_de_silanes@basham.com.mx
Julio J. Copo Terrés
jcopo@basham.com.mx
Mexico City, September 05, 2019
