Argentina has been developing criminal laws on these substances since 1924, but their repressive aspects have become more pronounced since the 1970s. The growing persecution resulting from these laws has mainly fallen on drug users and minor players linked to trafficking activities.
In Rosario, Argentina, the presence of criminal organisations involved in drug trafficking was a low priority for the government until New Year’s day 2012, when the killing of three innocent civilians by members of a gang sparked press attention.
Martha Ines Miravete was a stage actress in Buenos Aires. She recalls how, in 1994, a man changed her life by inviting her to participate in a video project in Brazil. She was excited at the opportunity for new work and the chance to travel for the first time. But, she was stopped at the airport, the luggage was searched, and cocaine was found.
Within the international drugs market, Argentina is a “trans-shipment” country for cocaine. Recent decades have seen an increase in the consumption of narcotic and psychotropic substances in the country, and in recent years laboratories for the production of cocaine hydrochloride, though not on the scale of those in Colombia, Peru, or Bolivia, have begun to appear. The laws designed to prosecute drug crimes have failed to reduce the scale of trafficking and have resulted instead in the imprisonment of people in vulnerable situations.
In August 2009, the Argentina Supreme Court declared as unconstitutional legislation that criminalized drug possession for personal consumption. This briefing discusses the background of that decision and the small steps in the right direction that have been taken since, to conclude that there is still much to do before a reform agenda can be implemented.
On August 25, 2009, Argentina’s Supreme Court of Justice of Argentina unanimously declared to be 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.
Based on two studies carried out in the cities of Buenos Aires and Montevideo, this report examines the origin, characteristics and impact of the explosive increase in cocaine base paste in urban areas. It also highlights the variety of products consumed in these cities and the substance known as crack that is consumed in Brazilian cities. The Brazilian experience with this consumption could serve as an example and a lesson for the Southern Cone.