Argentina: first authorization for self-cultivation of medical cannabis

For the first time in Argentina, a judge authorized the home cultivation of cannabis for medical purposes by a mother whose 6-year-old son suffers from neurofibromatosis (NF1), a genetic disorder characterized by the growth of tumors along the nerves, which causes him significant pain that is alleviated by cannabis oil.

The decision will therefore set a legal precedent in the country and allow patients' families to grow 12 flowering plants and 40 plants of different varieties.

«The ruling states that, until the government provides the medication this child needs, his mother is authorized to grow various strains of cannabis to produce oil,» explains Guido Giacosa, one of the mother’s attorneys.

In reaching its decision, the court relied on an interpretation of the right to life that includes «enjoying the best possible health» and on Article 19 of the country’s Constitution, which states that «private actions that do not harm public order or morality, or cause harm to any third party, are a matter for God alone and are exempt from the authority of the courts» and «no one shall be compelled to do what the law does not require, nor deprived of what it does not prohibit.».

The family had contacted lawyers last year when they were trying to find out if they could legally treat their child with cannabis.

«The improvement in his quality of life was dramatic. He used to have to take very strong morphine and painkillers with side effects that were harmful to his health, but with the oil, he was no longer in pain and was starting to make friends at school,» explains Guido Giacosa.

In his case, the Charlotte’s Web-based oil imported from the United States wasn’t effective. His parents had to use a specific strain, which meant they had to grow it themselves.

«Other judges should rule the same way,» Guido said. «Patients can't wait on this issue.»

On March 29, the’Argentina has legalized the medical use of cannabis and its derivatives, but had not explicitly included personal cultivation in its law.