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Argentina follows Mexico and decriminalizes personal use of marihuana

Wednesday, August 26th 2009 - 09:35 UTC
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The Argentine Supreme Court decision seems to be indicating a new trend towards combating drugs The Argentine Supreme Court decision seems to be indicating a new trend towards combating drugs

Argentina's Supreme Court ruled Tuesday it is unconstitutional to punish an adult for private use of marihuana as long as it doesn't harm anyone else. The unanimous ruling makes Argentina the second Latinamerican country in the past four days to allow personal use of a formerly illegal drug.

The case in question involved five young men who were arrested for having a few marijuana cigarettes in their pockets.

Supreme Court Justice Carlos Fayt, who at one time supported laws that make personal use of marijuana illegal, told the state-run Telam news agency that “reality” changed his mind.

Argentina's action came amid growing momentum in Latinamerica toward decriminalization of possessing small amounts of certain drugs.

Mexico enacted a law Friday that decriminalizes possessing low quantities of most drugs, including marijuana, heroin, cocaine and LSD.

Earlier this year, a Brazilian appeals court ruled that possession of drugs for personal use is not illegal.

Analysts see the shift in attitude as recognition that current methods in the war on drugs are not working. Peter Hakim, president of the Inter-American Dialogue policy institute in Washington, sees a trend at work.

“It's all part of a harm-reduction approach,” Hakim said, noting that policymakers are shifting away from getting rid of drugs and toward figuring out how to reduce harm to users and society.

Mexico has been considering decriminalization for several years, particularly under the administration of former President Vicente Fox, who held office from 2000-2006. But efforts by the Mexican congress toward decriminalization met with strong resistance from the administration of US President George W. Bush.

“Mexico tried it under Fox and the US got so snippety that they had to back down,” Hakim said.

President Obama's inauguration in January may have changed the calculus, analysts said. The Mexican congress passed the measure in April and President Felipe Calderon quietly signed it into law.

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