Drug Law Reform in Argentina

Trend

On August 25, 2009, Argentina’s Supreme Court of Justice unanimously ruled unconstitutional the second paragraph of Article 14 of the country’s drug control legislation (Law Number 23,737), which punishes the possession of drugs for personal consumption with prison sentences ranging from one month to two years (although education or treatment measures can be substitute penalties). According to the Court, the unconstitutionality of the article is applicable to cases of drug possession for personal consumption that does not affect others.

Although the Court Order was ruled in a case of marijuana possession and does not specifically reference other substances, it opens the judicial door to drug law reform in Argentina, as the arguments are applicable to other drugs. A bill to decriminalize the possession of all drugs for personal use is expected in 2010.   

Law

The Supreme Court ruling on a case involving the possession of small quantities of marijuana, declares unconstitutional the application of the following 1989 provision:

Law 23.737, Art. 14º  bis: "The sentence will be of at least a month but no more than two years of prison when scant quantity and other circumstances unequivocally suggests that possession is for personal use."

Documentation