So far, possession of marijuana seeds and plants has all been punished under the Drug Act (23,737) with up to ± up to 15 years in prison. In addition, the previous prescription limited the use of medical cannabis to a single pathology: refractory epilepsy. In 2017, they did not regulate self-cultivation and again, we were driving, as criminals to whom we could impose a sentence ranging from four to fifteen ± years. Anyone could be assaulted or if they broke into my house, I couldn`t call the police because they had plants,” says Valeria Salech, president of the organization Mamá Cultiva, founded in 2016 to promote© the legalization of cannabis for therapeutic purposes. “I feel like I`ve taken© a hundred-pound backpack off my shoulders as president of an organization that promotes self-cultivation,” Salech adds. In Argentina, possession of cannabis flowers, seeds and plants for recreational use is punishable by up to 15 years in prison under Law No. 23,737. For medical purposes, Argentina allows purchase in pharmacies and, with the authorization and medical prescription noted in the Reprocann (cannabis program registry), self-cultivation for oneself, a family member, a third person or a civil organization authorized by the law enforcement authority. [1] From INTA, Natalia Prece, coordinator of the work team, concluded: “We are committed to combining knowledge and technology with scientific support for the development of cannabis cultivation, resulting in high-quality, genetically stable and time-consistent plant material. The new regulations allow the domestic cultivation and sale of cannabis-based oils and creams in pharmacies. For many, the regulation of this drug is a sure step in the fight against drug trafficking. The Argentine Ministry of Health is responsible for implementing a national research program on the medicinal properties of cannabis [5].
They are also responsible for putting in place a system that ensures access to medical marijuana products. Other important bodies are CONICET (for scientific research), INTA (agriculture) and INASE (seeds and germplasm). Laws and regulations that apply to cannabis cultivation in Argentina include[2]: The Argentine Ministry of Health website explains some of the most common questions about cannabis in Argentina [4]. As for the question of who can register a cannabis plant, they explain that a person with a medical indication can register for the REPROCANN program. REPROCANN is a database for the registration of medical marijuana patients who want to grow their own cannabis. After approval, the Ministry of Health issues a culture certificate. Patients also need an account in the Mi Argentina app to validate their condition. So what about third-party cannabis growers? The patient can designate a third party to grow for him by connecting with the grower in the REPROCANN system. The government stresses that the regulation of the production, trafficking and distribution of marijuana “aims to protect the inhabitants of the country from the risks associated with the link with illicit trafficking and drug trafficking, in order to address, through state intervention, the devastating health, social and economic consequences of problematic use of psychoactive substances”. Law No. 23.737 of September 1989 provides for a prison sentence of one to six years and imprisonment from one month to two years for possession of narcotic drugs if, in view of their small quantity and other circumstances, it clearly indicates that the possession is for personal use. The manufacture, trafficking, transportation, possession of items for production and eradication of crime are also punishable, although the cultivation of scarce quantities for personal consumption is weakened.
On the other hand, in the case of simple possession or personal consumption, as well as cultivation for these purposes, the judge may suspend the application of the sentence and subject it to a security measure that is “curative for the time necessary for detoxification and rehabilitation”, and at the end of it and if its satisfactory result is taken into account, The accused is exempt from the application of the sentence. [9] Marijuana did not return to the agenda until four years later, with the debate on the medical cannabis law passed in March 2017. As if they were two different plants, the debate in Argentina revolved around therapeutic properties, “good use”, and refused to talk about recreational use, prohibition. For years, several organizations have warned of the danger of the exclusive claim of medical cannabis acting as a barrier to stop the discussion on the movement`s historic flag: legalization. Grow clubs are fundamental to the project to legalize cannabis for all its uses, which the national deputy of Río Negro Ayelén Sposito (Frente de Todos) presented to the upper house. In addition, Posito`s bill removes marijuana from the list of prohibited substances, regulates and legalizes local cultivation, and proposes amnesty for those prosecuted for cultivation.