On June 30, 2020, the Ministry of Health («SSA» for its acronym in Spanish) informed, through communication No. 140, that the deadline for complying with the Supreme Court’s ruling on amparo in review 57/2019, in which it was ordered to issue rules on the medical use of cannabis, expires on September 9, 2020 and not on June 30 as previously stated.
According to the statement, this delay is mainly due to the fact that the Plenary of the Federal Judiciary Council («CJF» for its acronym in Spanish) suspended work in the jurisdictional bodies of the Judiciary as of March 18, with the consequent suspension of deadlines and procedural terms, due to the health emergency caused by the COVID-19 pandemic.
Notwithstanding the above, it is important to mention that the same press release states that the CJF determined and notified the SSA that the sentence of the amparo in review 57/2019 «falls under the cases of urgency». In this case, the mentioned suspension terms should not have applied to that agency of the federal Executive for the issuance of the regulations for the medicinal use of Cannabis. However, the SSA unilaterally determined, in its communication, that the term continues to run again as of June 10, 2020.
We consider the SSA criteria to be incorrect, which could even be challenged through an amparo proceeding.