Argentina: Decriminalized by Court Ruling, No Set Threshold

Argentina's Supreme Court decriminalized personal cannabis use in 2009, but never defined a specific quantity. The REPROCANN medical system exists for residents only. Tourists navigate a system with no clear rules, no legal purchase, and significant police discretion.

Last verified: March 2026

Decriminalized — No Defined Threshold

Legal StatusDecriminalized (Supreme Court "Arriola" ruling, 2009)
Possession ThresholdNo specific quantity defined — police discretion
Medical SystemREPROCANN — residents only, not accessible to tourists
Legal PurchaseNONE — No dispensaries or retail
Selling / TraffickingCriminal offense
Cultural ToleranceHigh in Buenos Aires, variable elsewhere

The Arriola Ruling (2009)

In the landmark Arriola case, Argentina's Supreme Court ruled that criminalizing personal drug use violates the constitutional right to privacy (Article 19 of the Argentine Constitution). Key aspects:

  • Personal use of cannabis is protected as a private act that does not harm others.
  • No quantity threshold was established. The court did not specify how many grams constitute "personal use." This is left to individual judicial interpretation.
  • The ruling is a judicial precedent, not legislation. Lower courts are expected to follow it, but enforcement varies.

REPROCANN: Not for Tourists

Argentina's REPROCANN (National Program for the Study and Research on the Medicinal Use of Cannabis) provides a medical cannabis registry:

  • Registered patients can grow cannabis or access products through authorized organizations.
  • Registration requires Argentine residency, a DNI (national identity document), and a medical prescription.
  • Tourists cannot access REPROCANN. There is no tourist permit system like Jamaica's.

Buenos Aires: The Most Tolerant City

Buenos Aires has the most relaxed cannabis culture in Argentina:

  • Palermo and San Telmo neighborhoods have visible cannabis culture.
  • Public parks, particularly Parque Centenario, have reputations as social smoking areas.
  • Cannabis-themed events and markets occur periodically.
  • Police in BA are generally uninterested in personal cannabis use.

Outside Buenos Aires, particularly in more conservative provinces, enforcement is less predictable.

Risks for Tourists

  • No defined threshold means any amount could theoretically be questioned.
  • No legal purchase option means you must rely on unregulated sources.
  • Police discretion is the norm. What one officer tolerates, another may cite.
  • Border areas (with Chile, Brazil, Paraguay, Uruguay, Bolivia) have heightened enforcement.

Practical Tips

  • Buenos Aires is the most practical destination for cannabis-curious tourists in Argentina.
  • Stay discreet and keep amounts very small.
  • Do not carry cannabis near borders, especially the Argentine-Paraguayan border where enforcement is heavy.
  • Uruguay (which legalized) is next door but restricts sales to residents and citizens. Do not plan to buy in Uruguay and bring to Argentina.

Official Sources