Is Marijuana Legal in Argentina? Everything You Need to Know in 2024

The legality of cannabis in Argentina continues to be a recurring topic of interest, especially in 2024, when regulations underwent significant changes. The legalization of medicinal cannabis has had a notable impact on the country's public policies and industry. However, when it comes to recreational consumption, the landscape becomes more complex and, in some cases, contradictory.

In Argentina, marijuana is legal only for medicinal use. Since the enactment of Law 27.350 in 2017, the country allows the use of cannabis for therapeutic purposes under a strict regulatory framework. This law enabled medical and scientific research on the use of cannabis and its derivatives, benefiting primarily patients with refractory epilepsy and other serious pathologies.

The National Cannabis Program Registry (REPROCANN) is the platform that allows patients, NGOs, and compassionate producers to register to cultivate cannabis for medicinal purposes. In recent years, this registry has allowed more people to have legal access to cannabis. However, the recent modifications for 2024 have sparked controversy among users and producers.

For example, Compassionate Cultivators can now only assist a maximum of two patients, which represents a significant change from the previous flexibility. This has generated criticism, as many believe that access to medicinal cannabis is being limited for those who do not have the resources or ability to cultivate it on their own.

NGOs have also been affected by these reforms. They must now meet additional requirements, such as submitting criminal records of their leaders and notifying local authorities about their activities. These changes, according to many activists, represent a setback in the fight for broader and more equitable access to medicinal cannabis.

Is Recreational Cannabis Legal in Argentina?

No, recreational cannabis is still illegal in Argentina. Although there have been advances in medicinal use, the use of cannabis for recreational purposes is punishable by law. The Narcotic Drugs Law 23.737, in effect since 1989, establishes penalties for possession, production, and commercialization of drugs, including cannabis. Although the National Supreme Court of Justice declared in 2009 the unconstitutionality of criminalizing the possession of cannabis for personal consumption in small quantities (Arriola decision), the implementation of this decision has been uneven across the country.

Legally, the possession of small amounts of marijuana continues to be a reason for detentions and legal proceedings in various provinces. The Arriola decision protected users in certain cases, but it did not completely eliminate persecution. This creates an ambiguous situation where private self-consumption, although decriminalized in some cases, can still lead to legal issues in others.

For now, recreational cannabis use remains a controversial issue in Argentina. Advocates for decriminalization argue that it is a matter of personal rights and that by legalizing recreational consumption, it could reduce the criminalization of consumers and promote a regulated and controlled market.

Key Changes in Medicinal Cannabis Regulations by 2024
The recent changes in the REPROCANN program, approved by the Ministry of Health, directly affected doctors, NGOs, and compassionate producers. Here are the most important points:

Doctors: Starting in 2024, doctors wishing to prescribe medicinal cannabis must have a degree or master's in cannabis use. This new requirement has sparked debates in the medical community, as some consider it an unnecessary barrier to treatment access.
NGOs: Organizations will have to adapt to new requirements, such as submitting annual reports and regularizing their directors, who cannot have criminal records related to narcotics. These new rules aim for greater transparency but have also been criticized for adding more bureaucracy to an already complex system.

Compassionate Producers: This group was the most affected by the reforms. The reduction in the number of patients they can serve severely limited their ability to provide cannabis to those in need. Additionally, restrictions on the number of plants and transportation rules have made the production and efficient distribution of medicinal cannabis more challenging.

Frequently Asked Questions About Marijuana Legality in Argentina

How Legal is Marijuana in Argentina?

Marijuana is legal in Argentina only for medicinal use. Patients registered in REPROCANN can cultivate and transport cannabis within established limits. However, recreational use remains illegal and penalized by current legislation.

How Much Marijuana is Allowed in Argentina?

For those registered in REPROCANN, the permitted limit is 40 grams of dried flowers or 6 bottles of 30 ml cannabis oil. Producers can have up to 9 plants.

How Much Does Legal Marijuana Possession Cost in Argentina?

Under REPROCANN, legal cannabis possession is 40 grams of dried flowers. Outside of this registry, any amount may be considered illegal.

How Many Grams of Cannabis Can I Carry in Argentina Without REPROCANN?

It is not allowed to carry marijuana without being registered in REPROCANN. Possession outside the registry is illegal and can lead to penalties.

How Many Grams of Cannabis Constitute a Crime?

Any amount of marijuana outside the scope of REPROCANN is considered a crime under Law 23.737. Simple possession can result in up to 2 years in prison.

How Many Marijuana Plants Can I Legally Have in Argentina in 2024?
If you are registered in REPROCANN, you can have up to 9 cannabis plants for medicinal use.

What is Considered Personal Use in Argentina?

Personal use was decriminalized in 2009 by the Supreme Court, but in practice, it depends on the quantity and context in which it is practiced. In general, small quantities for private consumption may be considered personal use, but detentions still occur.

What is the Penalty for Marijuana Possession?

Penalties can vary depending on the province and the amount of marijuana in possession. However, in some cases, possession of small quantities can result in imprisonment and legal proceedings, rather than just a fine.

What is the Penalty for Cultivating Cannabis in Argentina?

Cultivating without registration in REPROCANN can result in sentences of 1 to 6 years in prison, depending on the circumstances and the number of plants.

How Many Grams of Cannabis Can I Carry?

If you are registered in REPROCANN, you can carry up to 40 grams of dried flowers or 6 bottles of 30 ml cannabis oil. Without registration, any amount is illegal.

Conclusion: Is Marijuana Legal in Argentina?

The answer to the question "Is marijuana legal in Argentina?" depends on the context. Medicinal use is allowed and regulated by Law 27.350, but recreational use remains illegal and penalized. The recent modifications in the REPROCANN program have brought new challenges for those who rely on medicinal cannabis, and the debate on the legalization of recreational use continues in the country.