Argentines seeking to grow, carry, and consume cannabis can do so lawfully by registering for an exception. The law additionally permits locals to purchase certain kinds of cannabis seeds within the country’s updated framework. Continue reading to learn more.
Argentina is a country with a rich history and culture. It is known for its steaks, fine wines, legendary footballers, Pope Francis, and a seemingly endless economic crisis. Argentina is also the second-largest country in South America and arguably the most socially liberal: it was the second country in The Americas to legalize gay marriage over ten years ago, and close to 50% of Argentines supported the legalization of abortion in 2020. This progress is even more impressive given that approximately 80% of people in Argentina identify as Catholic.
The registered cultivation and possession of cannabis became legal in Argentina as of 2021. Also, as long as you meet the requirements set by the National Cannabis Registry and the National Seed Institue, buying cannabis seeds is now allowed. To learn additional information about legalweed in Argentina, keep reading this article.
2022 – A Year for Change
In just two short years, Argentina has made incredible strides in its legal cannabis industry. A handful of approved cannabis seeds are now legal to purchase, and the National Cannabis Registry is up and running smoothly. The country is beginning to fully embrace its green revolution, but it wasn’t always this way. Two years ago was when the first major steps were taken toward marijuana legality.
The year 2020 marked a turning point for Argentine cannabis users, as the government published a draft of regulatory changes to the nation’s medical weed law on July 15th. These proposed changes included patients’ rights to grow their own cannabis at home, a detailed framework for public production and sale of medical cannabis products, and free access to Cannabis-based therapies. Although not all aspects of the plan have been set in motion, progress is being made.
A year later, any individual, health professional, or non-government organization could register with REPROCANN, Argentina’s new national cannabis registry (Registro Nacional del Programa de Cannabis). With registration comes the legal ability to cultivate, possess, and consume cannabis.Registering for REPROCANN can be done in one of three ways;
- If you want to grow your own cannabis, for medicinal use, you must be evaluated by a healthcare professional. They will submit a request on your behalf that allows you to possess and grow cannabis for medical purposes.
- I am a caregiver for another medical cannabis patient.
- We are an NGO that grows cannabis for our patients.
Buying cannabis seeds legally in Argentina
Cultivating and consuming cannabis legally is a significant step forward, but how can individuals get hold of seeds? In a recent update, the commercialisation of cannabis seeds in Argentina was made legal, meaning anyone who lives there can buy them without the need for documentation.
Although it’s technically legal to grow cannabis in Canada, individuals must first register with the Cannabis Registry (REPROCANN) before they can plant any seeds.
Meanwhile, the problem gets more complicated with the various kinds of seeds you can purchase, as these have to be registered with INASE (the National Seed Institue), but this only lasts for a year before it needs to be renewed. The good news is that the law doesn’t say anything about cannabinoid content in seeds, which means that Argentina’s cannabis industry has room for high–THC, High-CBD and everything else in between.
As of now, there are four strains of cannabis that have been approved, with 77 more undergoing evaluation. Also, these new provisions will apply to grow shops as well; they only need to meet a few qualifications to sell the newly legalized seed types. This change in buying cannabis seeds is encouraging for medical programs and research alike as it eliminates the necessity of foreign importation.
How Does Argentina’s Cannabis Program (REPROCANN) Work?
Argentina’s medical cannabis program is quite different from other programs in place around the world. One notable difference is that there is no list of qualifying conditions under Argentina’s REPROCANN.
In Argentina, in contrast to other medicinal cannabis programs like those in place in certain US states, any use of cannabis that patients consider therapeutic can be registered. For example, some common therapeutic uses of cannabis Argentine patients list in their REPROCANN applications include:
- Sleep improvements
- Relief from generalized anxiety and stress
- Improved appetite
- Mild pain management
Argentina’s REPROCANN offers patients the ability to grow large amounts of cannabis. Individuals enrolled in REPROCANN, for example, are allowed to grow nine flowering plants and an unlimited number of vegetating plants indoors (in a space no larger than 6m2) and outside (in a space no larger than 15m2).
Individuals can also possess up to 40g of dried cannabis flowers in public or up to 6 30ml bottles of cannabis tincture/extract. There is also no limit on the amount of cannabis a patient can have in their home. On the other hand, a registered NGO can grow up to 9 plants per patient for a maximum of 150 patients that are registered.
At REPROCANN, we are open to all types of cannabis strains that a patient might want to grow or possess. So whether you’re wanting a high CBD or THC level in your plant, come talk to us!
What other benefits are there to REPROCANN in Argentina?
Besides being able to grow and possess cannabis legally, REPROCANN patients can also receive the following benefits:
- You are now able to transport cannabis via plane or any other means of transportation across Argentina.
- Call for legal repercussions if their plants, flowers, or tinctures are stolen.
- You can get prescriptions for cannabis or cannabis derivatives from public health professionals.
What Are the Downfalls of Argentina’s REPROCANN?
Although it covers the therapeutic use of cannabis, Argentina’s REPROCANN is far from perfect and has been met with criticism. Cannabis is still illegal in Argentina and getting caught with plants or whatever a police officer considers a “large amount” of cannabis in public can result in arrest and a court hearing.
A frequent criticism of Argentina’s REPROCANN program is the lack of clarity regarding possession and use of cannabis edibles and extracts, like hash. While REPROCANN doesn’t limit how patients can consume cannabis, its guidelines only ever mention dried flowers, plants, or liquid tinctures.
One of the largest issues with Argentina’s RECPROCANN is that law enforcement officials are not aware of the program or the benefits it offers patients. There have been countless instances where registered members get stopped by police for carrying or growing cannabis, without knowing that they are legally allowed to do so.
What Was Argentina’s Stance on Cannabis Before REPROCANN?
Argentine culture has always had a strong cannabis presence, with many people partaking in regular consumption, especially the youth. In fact, South America as a whole has rich roots when it comes to cannabis use. But before REPROCANN was established, laws surrounding cannabis were murky and confusing.
According to Argentina’s penal code, cannabis is a schedule substance listed under article 77. If an individual is caught producing, selling, or simply possessing cannabis, they can be subject to a jail sentence of up to 14 years. In 2009 though, the Supreme Court issued a ruling- known as the Arriola Ruling- which stated it was unconstitutional to penalize drug possession for personal consumption.
The Supreme Court ruled that the personal consumption of drugs in private is protected by article 19 of Argentina’s constitution. This Article states: “The private actions of men that in no way offend public order and morals or harm a third party are only reserved to God, and exempt from the authority of magistrates.” However, this Arriola Ruling (now referred to as the Arriola Failure) failed to bring about any legislative changes concerning drug laws in Argentina.
Although there had been some prior failed attempts, 2021 marked a turning point for Argentina in its relationship to cannabis. Most notably, 2017 saw the pass of bill 27.350, which created legal frameworks allowing access to therapeutic cannabis.
Unfortunately, for people with severe refractory cases of epilepsy, the law only allowed treatments with Charlotte’s Web brand tinctures (which patients had to import into the country and pay high taxes that could reach 50% on).
In May 2022, Argentina’s government announced that they were drafting changes to federal laws regarding the use of cannabis and hemp for industrial purposes. These changes come after the creation of REPROCANN, and while the details haven’t been confirmed yet, it is clear that there is a lot of economic potential in legalizing cannabis in Argentina.
Cannabis in Argentina: A Space of Constant Growth
Not only is cannabis an active part of Argentine culture, but it’s also used in medical practices. And luckily, the country’s federal legislation is slowly adapting and making it easier for people to access cannabis for various purposes.
Although people who want to access cannabis without registering as a patient still have a long way to go in Argentina, recent years have brought about some changes worth celebrating. With any luck, Argentina will continue paving the way for liberal policy change.