The SCJN approves medicinal use of marijuana and dignified death in the CDMX


CITY OF MEXICO, RESULTS are in,  By a majority of eight votes, the Supreme Court of Justice of the Nation (SCJN) endorsed the medicinal use of marijuana, as established by the Constitution of Mexico City, and determined that its “regulation “It is federal competence, so it is up to the Congress of the Union to issue the regulations related to the General Health Law.

In addition, the country’s highest court approved a dignified death in the Constitution of the Mexican capital, along with other articles that guarantee the sexual and reproductive rights of the people, the right of Civic Justice and the rights of migrants not to be criminalized during your stay in Mexico City, regardless of your legal status.

The capital government celebrated the sentences and stressed that the decision of the Court “guaranteed the free development of the personality and declared unfounded the arguments of the Attorney General’s Office (PGR) on euthanasia and assisted suicide.”

And, after emphasizing that today more than ever “the Supreme Law of the Capital is solid and firm”, he emphasized that the most modern Constitution of Latin America, due to its broad social content and inclusive perspective, derived from an unpublished plural exercise observed from different Nations of the Orb and by international organizations.

“Today we witness that the ministers’ vocation guaranteed the social pact of the constitutional text that, in its drafting and legislative process, always contemplated greater rights,” he stressed.

The local government stressed that the document under analysis by the SCJN is a vanguard legal body that brings together the feelings, aspirations and needs of the vulnerable population and social organizations.

He recalled that recently the Court validated the Bill of Rights of a Norm that managed to consecrate a vital minimum such as basic services and benefits.

Finally, he affirmed that what has been gained in the capital will have repercussions throughout Mexico, and he added that the local Constitution promotes social and cultural dialogue of peace, as well as economic development and sustainability.

This Thursday, the plenary of the SCJN determined that the capital’s Constitution does not invade the exclusive power of the Congress when referring to medicinal use, since it only applies to Mexico City and adds a transitory article where it specifies that the use will only come into force with the reform of the health law.

“The capital constitution fully respected the powers of the Congress of the Union and did not regulate in any way the use of marijuana,” he said in a statement.

The project of Minister Javier Laynez Potisek states that the precepts do not legislate on health and rather recognize the free development of the personality by the free choice of people for the medical or therapeutic use of cannabis sativa, indica, American or marijuana , as well as its derivatives.

The ministers also pointed out that the recognition of the right to a dignified death in the Constitution of Mexico City is valid, which states that “the right to a decent life implicitly contains the right to a dignified death.”

The PGR challenged this provision with the argument that dignified death refers to euthanasia and assisted suicide, behaviors that are prohibited in federal laws and that are included in general health matters reserved for the Federation.

However, in its ruling this Thursday, the Court considered that the PGR is not right since the article of the local Constitution only recognizes the right to a dignified death as part of the right to live with dignity, respecting the free development of the personality.

Prior Ruling

In the first case, the Attorney General of the Republic (PGR) challenged the constitutionality of articles ninth, section D, number 7, and fifth transitory of the capital Magna Carta that provide for “the medical or therapeutic use of cannabis sativa, indica and American or marijuana and its derivatives “.

This, arguing that the sphere of competence of the Federation is invaded, because only the Congress of the Union can legislate on matters of general health and the regulation of narcotics is the exclusive faculty of the federal authorities according to the General Law of Health.

According to the draft resolution resolution of the actions of unconstitutionality promoted against the local Constitution, “(…) the contested precepts in no way modify, alter or interfere with the contents provided in the legislation of the matter, can not be interpreted as a irruption in the competence field of the Federation.

“And, consequently, what is appropriate is to declare unfounded the arguments made by the Attorney General (General of the Republic) on this point and recognize the validity of articles ninth, section D, number 7, and fifth transitional of the Constitution of the City of Mexico “, refers to the project that the Minister Javier Laynez Potisek will propose to the plenary of the Court.

Regarding the right to a dignified death, reported Notimex, the PGR alleged that the sixth article, paragraph A, number 2 of the same Constitution, transgresses the fourth fourth paragraph articles, and 73, fraction XVI, of the Federal Constitution, which regulate , the first, the right to health and, the second, the power of the Congress of the Union to legislate throughout the Republic on general health matters.

He then stated that the doctrine has been prolix in defining that the concept “dignified death” includes two institutions: euthanasia, which means the deliberate termination of a person’s life, in order to prevent further suffering, and assisted suicide, understood like the deprivation of life requested by the terminally ill person because he can not carry it out by himself.

According to the project, the contested article is contained in the framework of capital regulation “of the right to personal self-determination and the free development of personality, which allows all people to fully exercise their abilities to live with dignity, the ultimate concept which implicitly contains the right to a dignified death “.

Therefore, in view of the unfoundedness of the concept of disability that is examined, it is necessary to recognize the validity of the normative portion “the dignified life implicitly contains the right to a dignified death, of the sixth article, section A, numeral 2 of the Constitution of the City from Mexico”.

The PGR challenged the largest number of articles of the local Magna Carta, accounting for 64, followed by the New Alliance party, with eight; Morena, with seven, and the CNDH, with four.

The country’s high court plans to address the challenges during the scheduled session in the second half of August.

This is one of the largest challenges the Court has received in recent times, both due to the number of demands and the large number and variety of issues questioned.

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Source: Proceso