Argentina Legalizes Personal Marijuana Use

Supreme Court Decision is Part of a Wave of Decriminalization in Latin America

On August 25, Argentina's Supreme Court struck down a dirty war-era law criminalizing possession of even the smallest quantities of marijuana. In the decision, the Supreme Court ruled that possession of small quantities of marijuana for personal use is protected by Article 19 of Argentina's Constitution, which states: "private actions that in no way offend public order or morality, nor are detrimental to a third party, are reserved for God and are beyond the authority of legislators."

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.


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