A haze of change wafts over South America as one by one nations rethink their relationship with cannabis.
Long denounced as the demon weed by leaders like Nixon, cannabis crops today bud with economic potential even as social attitudes bloom more permissive.
Yet beyond broad trends, divergent visions compete across borders and politics, leaving the region’s future cannabis ecosystem up in smoke.
Will Uruguay’s regulated pharmacies become dealers for the continent? Or will Argentina go its own road toward regulation?
From shantytowns in Brazil to clinics in Colombia, the people most affected face shifting fates shaped by lawmakers they may never meet.
Indeed, from the steamy lowlands to the icy peaks of the Andes, South America stands immersed in a cloud of cannabis controversy–one likely to linger for years to come in various shades of gray rather than black or white.
Few other issues capture the region’s diversity amid global currents of change in such vivid, leafy detail.
Policies as Diverse as the Continent Itself
The laws and attitudes surrounding cannabis use and regulation vary widely across South America.
In several South American nations, there has been a shift toward more lenient policies regarding cannabis.
These changes are often driven by a growing recognition of the potential medical benefits of cannabis, as well as an understanding of the social and economic costs associated with strict prohibition.
Conversely, other countries in South America continue to enforce stringent laws against the use, sale, and cultivation of cannabis. In these nations, the possession of cannabis can lead to significant legal consequences, including imprisonment.
This strict stance often stems from traditional views on drug use and a focus on combating drug trafficking.
Uruguay’s Experiment with Legalization
Uruguay has perhaps the most open cannabis policies on the continent. In 2013, it became the first country in the world to fully legalize and regulate the sale, cultivation, and distribution of cannabis for recreational use.
Adults over 18 can choose between three options: home cultivation of up to 6 plants, membership in a cannabis-growing club run as a non-profit co-operative, or purchase of up to 40g per month from licensed pharmacies.
The government oversees the industry with the aim of undercutting illicit sales.
Colombia
In Colombia, lawmakers legalized medical cannabis in 2015 and decriminalized the possession of up to 20g of cannabis for recreational use in 2012. In 2016, Colombia legalized medical cannabis products containing 1% or less THC.
Cannabis can be sold in pharmacies with a prescription for medical use, but recreational sales remain illegal.
However, citizens are permitted to possess small amounts for personal use due to the Constitutional Court’s stance on the individual’s right to the free development of one’s personality.
Ecuador
Ecuador has operated under a unclear legal framework following a 2018 Constitutional Court ruling that declared punishing personal cannabis use unconstitutional.
While the manufacture and sale of cannabis is still illegal, the ruling mandates that the personal use and possession of controlled substances be an administrative rather than criminal offense.
Most cases now result simply in small fines or mandatory rehabilitation instead of jail time.
Brazil
In Brazil, the possession of cannabis remains illegal and criminalized. However, in 2015 a Supreme Court ruling allowed the sale of medical cannabis products by prescription.
A congressional bill to further legalize medical cannabis is also working its way through the legislative process.
In recent years, Paraguay has debated bills to regulate medical cannabis, but prohibition remains in place for now.
Prohibition Still Reigns in Much of the Region
Other South American nations also continue to uphold policies of cannabis prohibition.
Argentina, Bolivia, Chile, Guyana, Peru, Suriname and Venezuela have varying penalties and enforcement practices, but all maintain bans on the cultivation, sale and recreational use of cannabis by adults.
Change Looms on the Horizon
Public opinion data does show majority support for medical legalization through the region. There are expectations policy changes could spread in coming years.
While Uruguay remains a pioneer in cannabis legalization, the tide does appear to be turning toward liberalization across much of South America’s legal landscape surrounding the incredible cannabis plant.
Debates continue over the proper way to regulate legal markets while limiting the risks of abuse and protecting public health.
