Cannabis in Argentina: Yes or No? This is the question many people ask to understand how free, regulated, or prohibited cannabis is in Buenos Aires.
Despite the recreational use of cannabis being more widespread than authorities might acknowledge, legislation still penalizes and punishes both possession and personal use (let alone commercialization).
While there has been progress in “flexibilizing” cannabis for medicinal purposes in recent years, this process has not included personal use. Although there are penalties (some severe) for simple possession, personal use, and commercialization, procedures vary and do not always result in judicial cases or convictions.
Discover everything you need to know about cannabis in Buenos Aires with this comprehensive article from ExpatPathways.
Cannabis in Buenos Aires: Frequently Asked Questions and Answers About It
Current Cannabis Regulations in Buenos Aires
Law 23.737
The Drug Law enacted in 1989 specifies the illegality of cannabis, as well as the penalization of its cultivation and possession.
Law 27.350
This is the Medicinal Cannabis Law that allows cultivation for research purposes by public and private institutions, personal cultivation, solidarity cultivation, and cultivation by non-governmental organizations, provided they have authorization from the National Ministry of Health.
Is Cannabis Possession Allowed?
The Drug Law prohibits the possession of cannabis without specifying limits, whether it be a cigarette, a seed, or a plant.
Possession for personal use, simple possession (which cannot be proven to be for either commercial or personal use), and possession for commercialization are penalized with imprisonment ranging from one month to 15 years.
Can Cannabis Be Cultivated in Buenos Aires?
No, only if you are registered or protected under Law 27.350, and with a maximum limit specified at the time of the permit application.
Can You Consume Cannabis on the Streets of Buenos Aires?
According to Argentine law, the answer is no. If you consume cannabis in any form, you can be approached by security forces.
The recommendation is to avoid confrontation and remember that the prevailing practice among security forces is to presume that a crime is being committed.
Depending on the judicial practices of the area where you are, the situation can vary. It can range from a request to stop, confiscation, detention, arrest, and even a criminal charge.
Why Is the 2009 Supreme Court Ruling Important (Arriola Ruling)?
In 2009, the Supreme Court of Argentina declared the punishment for the possession of marijuana for personal use in private settings unconstitutional.
This ruling, known as the Arriola Ruling, also led to a demand for legislative reform to amend the drug law.
Although different bills were presented but not passed, the ruling changed the interpretation of marijuana possession for personal use as a criminal offense or not.
However, the possession and consumption of cannabis for personal use remain criminalized. In the best-case scenario, the Arriola Ruling has led to individuals with cannabis for personal use not facing judicial charges or being acquitted.
So, Can I or Can’t I Consume and Possess Cannabis for Personal Use?
If it is for medicinal use, you need to register with the relevant authority, declare the specific purpose, and wait for the corresponding approval.
Otherwise, the consumption and possession of cannabis in Buenos Aires should remain private and be the individual’s responsibility.
In any case, it is important to remember that the possession and consumption of cannabis in Argentina, except for medicinal use, remain criminal offenses.
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