Argentina Legalizes Personal Marijuana Use

The BBC reports that Argentine Supreme Court President Ricardo Lorenzetti said, "The state cannot establish morality," and that private behavior is legal "as long as it doesn't constitute clear danger."

The ruling came as no surprise; it was preceded by public forums in which Argentine judges and legislators called for decriminalization at the international level and lower court decisions that moved the country closer and closer to decriminalization. In 2007, Congress passed a law legalizing medical marijuana.

The Supreme Court decision means that Argentina's Congress, which reportedly supports the ruling, is likely to amend existing drug laws in the near future so that they comply with the Court's decision. The Supreme Court has made it clear that its decision only applies to marijuana, and even then only for adults' personal use. However, it remains to be seen if Congress will choose to clarify "personal use"--it could do as Uruguay has done and leave that determination for judges to make on a case-by-case basis.

Until the Argentine Congress passes legislation that lays out exactly what constitutes personal use, "judges will make decisions on a case-by-case basis according to the criteria laid out by the Court," said Alejandro Corda from the Argentinian organization Intercambios. Corda told Argentina's Clarin that his organization is concerned that some judges will resist applying the Supreme Court's decision until the government lays out specific criteria for what constitutes "personal use."

Read More