Legal Commentary

Argentina Supreme Court Tosses Law Prohibiting Personal Marijuana Possession

By Jeralyn

Argentina's Supreme Court has ruled a law prohibiting adults from possessing small quantities of marijuana is unconstitutional.

The Court unanimously determined that pot possession is private behavior and does not "constitute a clear danger" to others. The ruling strikes down the government's longstanding anti-marijuana law, which allowed for minor pot offenders to be sentenced for up to two years in prison.

"Each individual adult is responsible for making decisions freely about their desired lifestyle without state interference," the Court determined. "Private conduct is allowed unless it constitutes a real danger or causes damage to property or the rights of others."

The rationale behind the decision: "the government should go after major traffickers and provide treatment instead of jail for consumers of marijuana." Last week, Mexico's law decriminalizing possession of very small quantities of drugs, from pot to heroin, went into effect.

Full post as published by TalkLeft on August 27, 2009 (boomark / email).