Argentina: New Law Over Old Thinking

Home | Canna Law Blog | Argentina: New Law Over Old Thinking Argentina's Chamber of Deputies has approved a law to regulate the hemp and medical cannabis industries. According to one of the bill's sponsors, "a new industry has been born in Argentina" with the passage of the bill (which we flagged last summer in Legalization in Latin America: Who's Next After Mexico?). The new law enjoyed a measure of support from opposition parties, a notable feat in highly polarized Argentina. On occasions like this, the constructive thing to do is focus on the opportunities that the new legal regime will make possible, and celebrate cross-party cooperation in pursuit of the national interest. Unfortunately, it is hard to ignore the less enlightened views on cannabis that manifested themselves during the vote. In Argentina prohibitionism is on the back foot in the aftermath of the vote, but such attitudes hinder even modest progress elsewhere in Latin America. One deputy voted against the bill on the grounds that "it is clear that what is being sought is legalization" of adult-use cannabis. Another legislator said that the approval of the law would lead to a "multiplication of consumption," claiming that neighboring Uruguay saw consumption increase from 8% to 20% after a similar move. First, the slippery-slope trope is a tired one, and one that infantilizes other legislators as well as their constituents. Do promoters of this trope really think the average Argentinean cannot tell the difference between a marijuana cigarette and CBD oil? Legislators who support the new law have been crystal clear about the importance of establishing boundaries to keep the newly regulated activities separate from activities that remain illegal. To insist, despite these clarifications, that adult-use cannabis will enter through the backdoor is, well, frustrating. Second, and assuming the statistics are even accurate, so what if cannabis use has increased in Uruguay? Has prohibitionism shielded Argentina from some terrible fate that has befallen Uruguay? Considering that GDP per capita in the latter is almost 50% higher than in the former, the answer appears to be no. And while more cannabis use probably won't improve Argentina's economic performance, industrial activities related to cannabis would surely provide an economic boost. According to one estimate, the legal industry that's being birthed could create 10,000 new jobs by 2025. Curmudgeonly musings aside, the news out of Argentina is positive. We look forward to seeing the direction that the country's new cannabis regulatory agency (Ariccame) takes, while hoping others in Latin America take notice. Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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