The trend of "drug decriminalization" is quickly taking shape in Latin America. Increasingly, many countries are leaning toward decriminalization as an alternative approach, hoping that it will be effective both in reducing consumption and dealing with associated health problems.
Many countries in the region – most recently Mexico – have decriminalized small amounts of drugs for personal use. The moves have followed decisions by left-leaning governments to limit cooperation with the US in recent years.
Intercambios Asociación Civil applauds the attempt of the Supreme Court Judges to distance the criminal law from drug users, but warns that attention will have to be paid to how judges in the lower courts and police apply these criteria.
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.