A demonstration in favor of the legalization of marijuana in Buenos Aires, in 2017. JUAN MABROMATA / AFP
Argentina has legalized the self-cultivation of marijuana for medicinal use and will allow the sale of oils, creams and other derivatives of the plant in authorized pharmacies, according to the new regulation published this Thursday in the Official Gazette.
The regulation, signed by the president, Alberto Fernández, puts an end to the criminalization of those who cultivated for therapeutic purposes.
"It is urgent to create a regulatory framework that allows timely, safe, inclusive and protective access for those who need to use cannabis as a therapeutic tool," says the regulation of the medical cannabis law that replaces the one in force since 2017. The main one The change is that as of this Thursday, all the people who need to grow cannabis to treat diseases or have other people do it for them — individually or in associations — will be able to do it legally.
Until now, possession of marijuana seeds and plants was punished without exception by the drug law (23,737) with up to 15 years in prison.
Furthermore, the previous regulation limited the use of medicinal cannabis to a single pathology: refractory epilepsy.
Those who cultivate must register in the Registry of the cannabis program (Reprocann), which will issue the corresponding authorizations.
"The patients will be able to register to obtain the authorization of cultivation for themselves, through a family member, a third person or a civil organization authorized by the Enforcement Authority," the text states.
To obtain authorization, it will be necessary to have a medical prescription and to have signed the corresponding consent.
The regulation does not establish a maximum number of plants per domicile for now and leaves it pending for future resolutions.
Another of the highlights is the promotion of public production and gratuity for those patients without health insurance.
Public production is promoted through the laboratories located in the National Agency for Public Laboratories and will be distributed through the National Bank of Cancer Drugs and Pharmacies.
Argentina will be able to import and buy medicinal specialties manufactured in the country.
People who do not have social work or private insurance will be able to access preparations at no cost.
The legalization of the self-cultivation of cannabis for medicinal purposes is a victory and recognition for those who have been mobilizing for years with this objective in Argentina.
"Networks were organized and civil organizations were created that currently enjoy not only legal recognition, but also social legitimacy," adds the decree.
Cannabis organizations celebrated the government's decision, which they consider a great step towards a comprehensive law that regulates all uses of the plant.
"FINALLY!
The new regulation is an advance that commits us to continue working to expand rights.
The freedom of the plant is the freedom of everyone ”, pointed out from Mamá Cultiva, one of the most active organizations in Argentina in favor of legalization.