Argentinian Government To Roll Back Medical Cannabis Program—300K Patients At Risk, Experts Warn: Legal Battle Ahead?

Via El Planteo

Argentina's medical cannabis program is at a crossroads following a series of conflicting statements from top government officials. Minister of Security Patricia Bullrich recently announced that all registrations under the country's medical cannabis registry, REPROCANN, would be revoked due to the alleged "diversion" of cannabis into the illicit market. The move sparked immediate backlash from legal experts, patient advocacy groups and the cannabis industry, raising concerns about its legality and potential public health consequences.

During an interview on TV channel TN, Bullrich framed REPROCANN as a system fraught with abuse. "We are going to revoke everything and start from scratch," she declared, insisting that "a vast majority" of registered cultivators were supplying the black market. However, Bullrich provided no evidence to support her claim that 90,000 registered individuals were involved in illegal activity, highlighting a major lack of substantiation in the government’s position.

Government Walks Back On Full REPROCANN Repeal

One day after Bullrich's announcement, presidential spokesperson Manuel Adorni tempered the government's stance, stating that REPROCANN would not be abolished outright but rather "reformulated." Speaking at a press briefing, Adorni acknowledged that the program had deviated from its original purpose of providing cannabis to patients in need but assured that the decision "has nothing to do with shutting it down or doing anything that would complicate things in medicinal terms."

Despite this softer rhetoric, contradictions within the government remain evident. While Adorni attempted to soften Bullrich's hardline approach, he did not refute her claims of alleged diversion to the black market, despite the lack of supporting data. The conflicting messages have only fueled uncertainty in the cannabis industry and among patients.

Legal And Health Implications Of A REPROCANN Overhaul

The potential repeal or reform of REPROCANN has triggered alarm among medical cannabis users, healthcare professionals and industry leaders. The registry was created to allow patients with a doctor's prescription to cultivate cannabis for personal medical use. It also enables caregivers, licensed physicians and organizations to assist those who cannot grow their own supply.

Dr. Alexis Engel, a surgeon with a postgraduate focus on cannabis, underscored the importance of the program for patients with severe conditions. He explained that "this program was an important advancement for many people undergoing treatment for illness." Engel emphasized the role of cannabis in treating epilepsy, Parkinson's and chronic pain, noting that eliminating REPROCANN without an adequate replacement could push thousands of patients toward the illegal market.

Criticism has also been directed at the government's lack of concrete data to support its claims of widespread abuse within the registry. REPROCANN currently includes around 300,000 registrations, covering not just individual cultivators but also prescribing doctors and patient support organizations. Misrepresenting this figure, critics argue, fuels misinformation and jeopardizes patient rights. Furthermore, legal experts point out that dismantling REPROCANN without proper legislative action would be unconstitutional. "Revoking all registrations without going through Congress would be an overreach of the Executive's regulatory power," explained cannabis law specialist Juan Palomino.

Ivana Sol Vigilante, founder of the cannabis law firm WeLegal, also weighed in on the legal ramifications of the proposed changes. She warned that revoking an acquired right, particularly in the realm of healthcare, would be "completely unconstitutional" and violate Article 42 of Argentina's National Constitution, along with several international treaties.

"If the government moves forward with this measure, we will see a flood of legal challenges," Vigilante stated. She also questioned whether the government is prepared to handle the financial burden of mass litigation, explaining that "today, only four people work at REPROCANN, and they are already overwhelmed with the 100 legal actions they receive every month."

Uncertain Future: Reform Or Litigation?

With the government's messaging shifting between a complete REPROCANN repeal and a more ambiguous reform, the cannabis industry and legal experts anticipate a wave of lawsuits should registrations be revoked en masse. Organizations like Mamá Cultiva Argentina and legal professionals have already signaled their intent to challenge any unconstitutional measures.

Additionally, confusion lingers over the government's broader cannabis policy. When asked about normalizing cannabis use in Argentina, Adorni sidestepped the question, responding instead with a rhetorical remark: "Do you smoke marijuana? It's not that normalized." The evasive answer suggests that the government may not only be targeting medical cannabis but also reevaluating the country's stance on cannabis policy as a whole. The response has been widely criticized as dismissive and indicative of a lack of knowledge on the topic.

While officials insist that medical cannabis access will not be obstructed, the lack of a clear plan has left patients, doctors and industry stakeholders bracing for uncertain changes. Whether the government proceeds with a measured reform or faces legal pushback for overreach, one thing is clear—Argentina's medical cannabis landscape is poised for a major shift.

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