Jailed for Carrying Cannabis: Argentina's Legal Maze

Cannabis in Argentina: A Legal Maze

Argentina is in a moment of transition when it comes to its drug policies, and particularly in relation to cannabis. Over the past decade, the country has taken steps to change its approach to regulating this substance, and cannabis currently sits in an ambiguous legal state. This article explores the current situation of marijuana laws in Argentina and how many people have ended up behind bars for carrying cannabis.

Ambiguous Legality in Argentina

The legality of cannabis in Argentina is ambiguous. Despite legislative changes and growing support for cannabis regulation, marijuana remains illegal in many respects. In 2020, Ley 27.350 was enacted, allowing the medical use of cannabis, but the lack of precise regulation has created a confusing situation.

Carrying Cannabis in Argentina

One of the main concerns for cannabis users in Argentina is how many grams of marijuana they can carry on them. The law does not provide an exact amount that can legally be carried, which leads to a great deal of uncertainty. Although progress has been made on legalizing medical use, people who carry cannabis for recreational purposes can still face legal trouble.

Penalties for Carrying Cannabis

Despite changes in cannabis legislation, many people continue to be arrested and detained for carrying this substance. Often, those detained for carrying marijuana face charges of "possession with intent to sell." This results in a paradoxical situation, since those who carry small amounts of cannabis for personal use can be punished as if they were drug traffickers.

The Dilemma of Growing Cannabis

The legality of growing cannabis plants is another point of conflict in Argentina. Despite changes in the legislation, growing cannabis remains a gray area. Many people have been detained for having cannabis plants in their homes, even if it is for personal use.

The Need for Clear Regulation

The current situation in Argentina highlights the urgent need for clearer regulations when it comes to cannabis. The uncertainties about how many grams of marijuana can be carried and whether the plant can be grown have led to a situation in which people continue to be arrested and imprisoned.

Challenges on the Road to Cannabis Regulation

Argentina faces a complicated process of change in its drug policies, especially when it comes to cannabis. Despite progress in legalizing medical use, the legal ambiguity over how much marijuana can be carried and the legality of growing it have led to the detention of many people. To achieve a fairer and more effective system regarding cannabis, clearer regulations are needed that give people a precise understanding of how much cannabis they can carry and grow without facing criminal charges.

The Ministry of Health extended REPROCANN to a three-year term of validity, along with some changes to the process.

The Ministry of Health extended from one to three years the validity period of the approval certificate for the controlled cultivation of the cannabis plant as a medical, therapeutic and/or palliative pain treatment, which is obtained by registering with the Cannabis Program Registry (REPROCANN), through a resolution published this Thursday in the Official Gazette. The measure was taken via Resolución 766/2023, published in the Official Gazette, and according to the health authority, it was adopted "in response to the strong growth in program registration requests over the past few months." In this regard, it stressed that the revision of the application-evaluation procedure "made it possible to speed up resolution times and brought the average wait down to less than 10 business days." "In this way, while in February there were more than 33,000 applications to evaluate, the current backlog is 1,600 applications, which have been identified as requiring additional information to complete their evaluation. As of today there are more than 200,000 patients approved for controlled cultivation," the ministry noted in a statement. It was also announced that REPROCANN would enable "a special module for Non-Governmental Organizations (NGOs)," which will be able to provide assistance by growing cannabis for up to 150 patients. Separately, through Resolución 767/2023, also published this Thursday in the Official Gazette, THC at 1% was added to the list of pharmaceutically active ingredients. "This will benefit national production developments regarding the supply of this input for manufacturing the therapeutic tools that require it. When the THC concentration is raised to 1% (until now it was 0.3%), products will be regulated as psychotropics, applying the regime corresponding to those substances," the statement indicated.

Cannabis Updates: How Long Does REPROCANN 2023 Last?

Through Resolución 766/2023, published on April 20 in the Official Gazette, Argentina's Ministry of Health extended from one to three years the validity period of the REPROCANN approval certificate for the controlled cultivation of the cannabis plant. In this sense, the new REPROCANN aims to improve the administrative management related to that certificate. Many users had been complaining about issues related to the permit's validity, since they felt that only one year of validity was a very short period for the kind of process it involves and for the high cost of consultations with the doctors who sign the indication and consent on the REPROCANN platform, a necessary condition for obtaining authorization.

How Do You Get a Permit to Grow?

After the first decree that authorized cultivation for medical purposes but did not give us an office or institution that worked and allowed us to start the procedure, the registry to grow medical cannabis finally opened. The government regulated the operation of the Cannabis Program Registry System (REPROCANN). Thanks to this, people who wish to do so can register to grow on a controlled basis, but first they will need authorization from a doctor confirming that the use is for medical, therapeutic and/or palliative pain purposes, and that way they can obtain a REPROCANN certificate. To get a permit to grow, you must register. To do so, go to https://reprocann.salud.gob.ar/ and create a user account on the Mi Argentina platform. Once the user account is created, you must fill out the cannabis program registry (better known as the NATIONAL REGISTRY OF PERSONS AUTHORIZED FOR CONTROLLED CULTIVATION FOR MEDICAL AND/OR THERAPEUTIC PURPOSES). If you need help getting the permit, don't hesitate to check our page to obtain the certificate.

What Is the Permit to Grow in Argentina, or the "Cannabis Program Registry" (REPROCANN), About?

REPROCANN Argentina is a database designed to register those people who meet the conditions to access controlled cannabis cultivation of the plant for medical, therapeutic and/or palliative pain treatment purposes, created through Decreto 883/20, which regulates Ley N° 27.350 (Medical Use of the Cannabis Plant and Its Derivatives). Once Argentina's Ministry of Health authorizes the certificate, the registration is complete.

For NGOs

A special module for Non-Governmental Organizations (NGOs) will be enabled within Mi Argentina REPROCANN; NGOs are considered strategic players in public policy regarding medical cannabis in Argentina. With this update, NGOs will be able to provide assistance by growing cannabis for up to 150 patients.

Raising the Permitted Limit for Producing With THC

In addition, through Resolución 767/2023, THC at 1% was added to the list of pharmaceutically active ingredients. This means national products can be developed using this input. Once the THC concentration is raised to 1%, products will be regulated as psychotropics, applying the regime corresponding to psychotropic substances.