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Tuesday, August 9, 2022

Argentine Supreme Court approves medical cannabis cultivation

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In a case that is sure to resonate around the world, the Argentine Supreme Court decided to allow parents of sick children to grow their own cannabis to treat their children. They ruled that this decision was in line with existing Argentine law – namely, the decriminalization of cannabis for medicinal purposes.

With the intersection of family law and the legalization of cannabis, this development parallels the importance of a similar Israeli case in 2014. Specifically, families of sick children in need of medical cannabis threatened to immigrate to Colorado unless they were granted the right to obtain medical cannabis locally. The government changed the law within weeks.

However, it was not a complete victory in Argentina last week for those who pressed their case. The court also ruled, unanimously, that the private patient record now in force, is not unconstitutional. This was a case raised by Mamás Cannabis Medicinal (Macame) who brought the plaintiff’s case. The court held that the state had the right to monitor and track all cultivation of cannabis – including for medicinal purposes.

The decision in Argentina, of course, is important domestically. However, it comes as with country after country starting to implement or at least talk of home growth implementation in general, timing is also very important. In this decision, the Argentine court appears to follow a global trend that appears in countries as disparate as those in Latin America and Europe (Malta, Italy, Portugal, Luxembourg) to Asia (significantly Thailand). Growing at home for recreational and medicinal use is too much a la mode In the discussion of international normalization now under way clearly on the legal and political levels.

Why does the growth of the homeland become a global hypothetical first step towards reform?

There are several reasons for this somewhat sudden emergence of something that looks remarkably like an international consensus on issues related to home farming. Namely, when faced with a crisis in healthcare delivery systems in the wake of both the global austerity followed by a global pandemic, and the inevitability of recreational reform, governments seem to get the message.

In other words, it is becoming increasingly clear that home farming is not an inciting way to undermine the legal market (either of the medical or recreational kind). In fact, when tracked (either by registration, permit, or both), growing cannabis at home is a very reasonable path toward the natural market. See Canada – although, of course, the system isn’t perfect.

In general, certainly in countries on the verge of recreational reform such as Germany (For example) today, the people most affected by any delay in full rationing, of any kind, are the sick. There are approximately 200,000 criminal cases pending in German courts alone for possession, cultivation and/or low-level use. This is a colossal waste of time and money that the state can easily cut out. In fact, Case law again began to trend in this direction, even if only for now, on appeal. However, the issue is also that courts are increasingly recognizing that insurance companies are also forcing legitimate patients to take legal action to obtain coverage. In the meantime, they must get their own source, taking risks along the way.

For this reason, the whole role around home growth is likely to change aus Deutschland As in other places, albeit here, at this juncture is more likely with legislation than legal action as it just happened in Argentina.

A patient trial is not a winning look anywhere at the moment. In fact, making it easier for the chronically ill to treat themselves more or less at a time when health care systems make an effort to keep up with only “normal” care makes sense no matter how one looks at it. oh where For an extreme example, see Ukraine. But beyond that, every Western state is struggling to provide chronic care — including those conditions that are usually treated with cannabis.

On top of these facts, of course, such legal and policy decisions come at a time when states are forced to consider how to enforce the rules if not the laws themselves — and for issues and topics far from just cannabis reform.

Although the Canadian model has shown that patients will certainly be “competitors” to the industry, as they do not have to rely on a purchased commodity product, there is another way to look at all of this. In fact, growing at home for patients is a way to stimulate the regulated legal market. Not to mention the broader economy beyond that which would benefit from the money diverted from buying drugs.

Cultivation of cannabis is not easy and energy consuming. While there will always be recreational hobbyists, most people, including patients, prefer to buy cannabis in all its forms the way they buy food, drugs, and other legal products.

This in turn creates jobs, revenue, and taxes.

The trick, of course, is to find a compromise that allows both sides to thrive.

Just as legalization itself is inevitable, so is the right of people to grow their own cannabis, and any other uses.

It is, after all, behind all the demonization and stigma, “merely” a plant.

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