Decision in Argentina no longer considers Cannabis a narcotic

Three years after the judicial process of the "Cannabis Clinic" in Córdoba, famous for the arrests of its director and founder, Dr. Carlos Laje Vallejo, and his collaborators, the Federal Court annulled the charges against the eight Defendants: Carlos Fernando Laje Vallejo, Héctor Walter Mariño, Paola Jordana Toranzo Gil, Fernanda Daniela Moyano, María Paula Culiaciati, Toribio Aragón, Fernando Moroni, and Jorge Augusto Asís.

It all began in August 2017 after a massive operation by the Anti-Drug Police Force (FPA) in which simultaneous raids were conducted on properties and various locations of the so-called 'Cannabis Clinics' in the city of Córdoba and also in Villa Carlos Paz, where Laje and others who worked with oils and creams derived from Cannabis were arrested.

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Initially, the case was in the hands of the provincial court, and prosecutor Jorgelina Gómez accused them of drug trafficking and forming a criminal organization. It is important to remember that they spent several months detained and in preventive custody.

But on July 30, in a new ruling for Córdoba, the Federal Court understood that there could be no contradiction between law No. 23,737 on narcotics, which criminalizes users, and law No. 27,350, on research for medicinal and scientific use of the Cannabis plant and its derivatives. By the principle of non-contradiction, all were acquitted, although the Public Prosecutor's Office has appealed in three cases.

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Nadia Podsiadlo, defense attorney for several of the accused, spoke with El Periódico and explained the importance of this decision so that all users and promoters of Cannabis derivatives for medicinal use are no longer pursued by Provincial Justice. Something that, soon, may also change thanks to the announcement from the Ministry of Health of the Nation that it will regulate law No. 27,350 on medicinal marijuana to allow self-cultivation and sales, something that is currently still excluded from the law.

The lawyer emphasized that at all times the issue refers to the medicinal use of marijuana and that it is not about the commercialization of marijuana.

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- In a case that had great police repercussions and preventive arrests, why has the Federal Court already acquitted all the accused?

Law No. 27350, approved in March 2017, aims primarily at the research and study of Cannabis plants and their derivatives. Through various studies and reports from the WHO, Anmat, and studies with different Cannabis users, it was possible to determine the positive effect on certain pathologies. Therefore, what the Court considered is that there could be no two antagonistic legal rights. Because, on one hand, the law on narcotics states that public health is protected, and on the other, law No. 27350 on research speaks about positive effects. For this reason, the Court decided based on the principle of non-contradiction. This principle should be applied to all individuals detained or prosecuted in provincial courts for medicinal Cannabis.

- How does the decision benefit users of medicinal Cannabis?

The novelty of the decision is that it is not considered a harmful narcotic. Still, it cannot be sold anywhere in the country. Users are not penalized, but it is not possible to purchase it because the drug law still prevails. However, the decision took into account that a few weeks ago, the Ministry of Health called various associations of producers and growers, users, and legislators so that oils, ointments, and creams can be sold from the plant. Now, the topic is no longer demonized as it was before the enactment of law No. 27350, which allows those who consume it not to be criminalized. However, the conduct is still being penalized by law until this project authored by the Ministry is regulated.

- Would this be another step towards a health approach instead of criminalizing the user?

This should always have been approached from a health perspective, not a punitive one. This is because (Cannabis) does not affect health; quite the opposite. Even in neighboring countries that have legalized use, positive effects have been demonstrated in different pathologies. This case was initially in provincial court in a completely criminalized manner, with preventive arrests. The change in approach serves to stop considering this substance as a narcotic.

- However, self-cultivation or the buying and selling of oil for medicinal use remains prohibited.

Yes, it is a conduct that remains prohibited, at least until the Ministry of Health's regulations come into effect. Today, it is totally bureaucratic and complicated to access oil through Anmat. It is only accessible with a series of requirements, and not everyone can obtain it. What is sought with the regulation is that people can register to have their plants and produce their creams or oils. Today, unfortunately, it is not possible to go to a place and buy Cannabis oil.

Source: information from El Periódico website