17 | FEB | 2019
Supreme Court approves medicinal use of marijuana in Mexico
The session also approved the concept of “death with dignity” as part of a person’s right to a life of dignity - Photo: Mario Guzmán/EL UNIVERSAL

Supreme Court approves medicinal use of marijuana in Mexico

25/08/2018
14:01
Diana Lastiri
Mexico City
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The Supreme Court of Mexico approved the use of marihuana and the concept of "death with dignity"

Mexico’s Supreme Court of Justice has just approved the use of marijuana for medicinal purposes, which was included in the Constitution of Mexico City.

With an eight vote majority, the justice ministers considered that the Constituent Assembly did not invade the competences of the Congress of Union in including the recognition of CDMX citizens’ rights to use marijuana for medicinal purposes.

The text establishes that the right may be exercised in conformity with the General Health Act, thus conditioning the Constitution article to what had previously been disposed by the Congress of Union in said act, as well as specific regulations issued by federal legislators.

The session also approved the concept of “death with dignity” as part of a person’s right to a life of dignity. This provision, as was the case with the medicinal use of cannabis, was contested by the Attorney General’s Office, who argued that euthanasia and assisted suicide were forbidden by federal law, and their regulation lied solely within the power of the Federation, given that it was a public health issue.

According to the draft resolution made by the minister Javier Laynez Potisek, the concept is constitutional since it doesn’t imply the legalization of euthanasia or assisted suicide.

“The contested regulation is not meant to provide a specific rule or principle, it only acknowledges the right to a dignified death as part of the right to live a life of dignity while respecting the unhindered development of human personality. We are not dealing here with a purposeless premature death, but with the use of every means available to preserve a person’s dignity while respecting his or her individual values while avoiding any excess that may produce damage and pain,” he explained.

The document explains that a dignified death may imply clinical, financial, economic, administration, and social integration factors that should be subject to a deep analysis until the Congress of Mexico City issues the secondary regulations necessary to sustain the concept. It is the only way to assess whether or not there could be a violation of federal competencies.
 

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