Community | August 25, 2009 | 0 comments

Argentina Supreme Court rules drug use punishment unconstitutional

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copperdragon
"MPP - Argentina is expected to remove criminal penalties for marijuana possession today, according to the Buenos Aires Herald:

'Supreme Court Justice Carlos Fayt said the court has reached a unanimous position on an expected ruling that would decriminalize the possession of drugs for personal consumption, which would be announced analyzed today.'

If the court rules as expected, Argentina will become the second Latin American country in the last four days to allow the personal use of marijuana."
1.ref= MPP(marijuana policy project) Blog

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SC rules drug use punishment unconstitutional

In an eight-page writ unveiled today, the Supreme Court said it is unconstitutional to punish marijuana consumers, if that action does not harm third parties. The decision would put an end to a long-term debate, in which users had claimed that the incumbent drug law violated privacy rights.

However, the ruling of the Court would not mean a complete decriminalization of marijuana consumption as liberalizationists had expected, as the statement reached by an unanimous vote, specifies that only adults would be allowed to use marijuana as long as they do it in a private environment, and without affecting third parties.

The ruling also urged "all the state powers to implement a policies against the drug illegal trafficking and to adopt preventive health measures." Congress is thus expected to introduce amendments to current drug laws, following the new guidelines set by the Court
The government has backed the initiative to decriminalize drug consumers, as it would allow the government to focus its policies on drug trafficking networks instead of users. Cabinet Chief Aníbal Fernández said the decriminalization would allow users "to be treated as addicts instead of criminals."


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