Argentina

Overview of drug laws and legislative trends in Argentina

Trend

On August 25, 2009, the Supreme Court of Argentina unanimously declared unconstitutional the second paragraph of Article 14 of the national Narcotics Law (Law No. 23,737) which punishes the possession of drugs for personal consumption with imprisonment, ranging from one month to two years (replaceable with educational measures or treatment). According to the Court the unconstitutionality of the article is applicable to cases of drug possession for personal consumption, when third parties are not affected.

Although the Court's ruling does not specifically refer to one particular substance, and the case on which it ruled dealt with cannabis, it opens the door to judicial reform of drug laws in Argentina, since these arguments also apply to other drugs. A bill to decriminalize the possession of all drugs for personal consumption was expected in 2010, but will now most likely be discussed in 2012.

Law

The ruling of unconstitutionality by the Supreme Court, known as the ‘Arriola Ruling’, a case involving possession of small amounts of cannabis, referred to the application of the following provision of 1989 Law 23,737, Article 14 in the following terms: “The penalty is from one month to two years of imprisonment when the small amount and other circumstances strongly suggests that the possession is for personal use.”

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Drug Laws and Prisons in Argentina

Within the international drugs market, Argentina is a “trans-shipment” country for cocaine. Recent decades have seen an increase in the consumption of narcotic and psychotropic substances in the country, and in recent years laboratories for the production of cocaine hydrochloride, though not on the scale of those in Colombia, Peru, or Bolivia, have begun to appear. The laws designed to prosecute drug crimes have failed to reduce the scale of trafficking and have resulted instead in the imprisonment of people in vulnerable situations.

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Drugs and prisons in Argentina

Martha Ines Miravete was a stage actress in Buenos Aires. She recalls how, in 1994, a man changed her life by inviting her to participate in a video project in Brazil. She was excited at the opportunity for new work and the chance to travel for the first time. But, she was stopped at the airport, the luggage was searched, and cocaine was found.

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Argentina: Reform on the way?

In August 2009, the Argentina Supreme Court declared as unconstitutional legislation that criminalized drug possession for personal consumption. This briefing discusses the background of that decision and the small steps in the right direction that have been taken since, to conclude that there is still much to do before a reform agenda can be implemented.

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The "Arriola" Ruling of the Supreme Court of Argentina on the Possession of Drugs for Personal Consumption

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.

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'Paco' Under Scrutiny

Based on two studies carried out in the cities of Buenos Aires and Montevideo, this report examines the origin, characteristics and impact of the explosive increase in cocaine base paste in urban areas. It also highlights the variety of products consumed in these cities and the substance known as crack that is consumed in Brazilian cities. The Brazilian experience with this consumption could serve as an example and a lesson for the Southern Cone.

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