(02/26/09 10:40 PM)
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The Senate and Chamber of Deputies, ...
Decriminalization of marijuana for therapeutic use
Article 1 .- Join the 23,737 law Article 29 C with the following:
29 .- C is deemed the commission of conduct described in Articles 5, 14 and 28 of this Act with varieties of the chemical compound tetrahydrocannabinol (THC), whether natural or synthetic origin, and for therapeutic or research into their effectiveness as medication therapy or to control symptoms. The legitimate exercise of such conduct is subject to regulation by the competent authority.
Article 2 .- Contact the Executive.
The empirical record shows that the use of cannabinoid compounds and chemical tetrahydrocannabinol (THC) have had positive results for treating certain ailments. In particular, it held that "[a] ome of the therapeutic properties are attributed to cannabis, for example, relief of anxiety and reduce nausea caused by chemotherapy. It is also indicated for the loss of appetite in AIDS patients for pain spasms in patients with multiple sclerosis and increased ocular tension caused by glaucoma. Some studies have also highlighted the power that has the anti THC in patients with certain types of respiratory failure (1) . In similar vein, it has been held that "[t] he use of therapeutic cannabis, which is prescribed under strict medical supervision, 'is intended to combat the vomiting caused by chemotherapy treatment and the effects of anorexia in AIDS patients' , said the director general of health care resources of the Generalitat. 'It also aims to alleviate problems arising from muscular or Amiotrophic multiple sclerosis and chronic pain symptoms not responsive to other therapeutic strategies, "added" ( 2).
So coincidental, "the reports of the NIH and the British Medical Association suggest that the well-known feature of marijuana arouse the appetite, it could help AIDS patients who suffer a great loss, to assist in the difficult task of recover lost muscle mass (3). This has been verified in the study "Use of Cannabis Therapeutics in the Spanish state 'made from 2250 patients in Spain, suffering from breast cancer, AIDS and multiple sclerosis who use this substance. 47% do so because it helps reduce the pain associated with treatment of their illness and all say that the result is satisfactory (4). In the prestigious U.S. National Academy of Sciences USA was devoted to study the medical use of marijuana. After 18 months of research, the Academy voted to drugs: cannabis was considered a potentially effective treatment against symptoms of diseases such as cancer and AIDS (5).
In the local environment, the neumonólogo Aquiles Roncoroni, a member of the National Academy of Medicine and Professor Emeritus at the University of Buenos Aires said that "Sometimes the traditional pharmacopoeia of drugs fail because not all react the same way to treatment. In such cases, cannabis can be effective. " In the same vein, the Minister of Health and Environment, Ginés González García held that "[f] or the medicinal use should not be banned. In fact years ago that used morphine and no one said anything" (6).
In line with this reality, the international obligations set by the UN Conventions allow the medicinal use of cannabis because of its therapeutic properties. In particular, the 1961 Single Convention on Narcotic Drugs as amended by the Protocol of 1971 says in the Preamble Recognizing that the medical use of narcotic drugs continues to be indispensable to alleviate pain and to take necessary measures to ensure the availability of drugs for that purpose. " In line with this purpose in the art. 1, inc. X 1) does not consider stock "quantities of drugs that are in the country or territory: iv) Held by pharmacists or other retailers and authorized institutions or persons qualified to exercise, with proper authorization , therapeutic or scientific functions. Art. 4, for its part, provides that "Parties shall take all legislative and administrative measures as may be necessary: a) To comply with the provisions of this Convention in their respective territories; b) To cooperate with other States in the implementation of the provisions of this Convention, and c) Notwithstanding the provisions of this Convention, to restrict only the production, manufacture, exportation, importation, distribution, trade, use and possession of drugs medical and scientific purposes. "
Also include the Convention on Psychotropic Substances, 1971 United Nations, ratified by Law 17,818, which in its preamble states "Recognizing that the use of psychotropic substances for medical and scientific purposes is indispensable and should not be unduly restricted their availability for such purposes. " Consistent with this purpose in the art. 5 provides that "Each Party shall limit the use of substances in Schedule I in accordance with article 7." The above list includes the cannabis resin and extracts and tinctures of cannabis. For its part, the art. 7 states that "With respect to substances in Schedule I, the Parties shall: a) Prohibit all use except that the medical and scientific purposes limited to persons duly authorized in medical or scientific establishments which are under the control directly from their governments or specifically approved for them. " In line with this legislation, Art. 16 states that may be released to the public "and medicinal preparations that: a) containing narcotic drugs listed in Schedule I of the Single Convention on Narcotic Drugs of 1961 years than cannabis resin, the concentrate of poppy straw and heroin" .
Moreover it is worth mentioning that the medicinal use of marijuana should not be punished criminally, for while the 23,737 law criminalizes the possession of drugs for personal use, the user would be covered by a proof of necessity because it causes a lesser evil to prevent a greater evil, as expressly provided for in art. 34 of the Criminal Code. This is because the behavior performed to overcome certain problems or reduce the pain by ensuring their right to health, legal or constitutional status to be explicitly recognized in human rights treaties in the art. 75, inc. 22 (7). This legal right is undoubtedly rank higher than public health, which is intended to protect the good that the concept of possession of narcotics for personal consumption. Also, it should be that the user acts against pain or an imminent and serious condition, while the alleged endangerment of public health for their own behavior is extremely vague and slight.
In this sense understood a judicial ruling in March 2006 of the Second Division of the Federal Court in holding that "[c] orresponde whether the accused made at the time of suffering a physical ailment such that, given their particular situation economic and personal, has placed the need to overcome through the use of drugs that might be kidnapped, so that possession can be deemed justified. " It added that "arise from the release made by the accused and other materials incorporated into the instruction that underpin their version of which shows the possible existence of the factual circumstances of a justification or defendant who has not been taken into account so far, and deserves to be seen as a likely scenario desincriminatoria at this procedural stage, considering the seriousness of the alleged situation. "
Required in this case was the opinion of Dr. Rodolfo Rothlin, head of the Department of Pharmacology, Faculty of Medicine, University of Buenos Aires, who compiled a report into the record which establishes that "dronobinol or tetrahydrocannabinol, the active metabolite of the largest plant Cannabis sativa L (marijuana) has been approved by the Food and Drugs Administration (FDA) of the United States for use in the treatment of anorexia associated with weight loss in AIDS patients and nausea associated with chemotherapeutic treatment in patients with cancer and who did not respond to conventional treatments. " He added that "there are other conditions which appear to have benefits, but has not been approved for these diseases due to the fact that there is sufficient clinical evidence or adverse effects limit their usefulness." Including mention of "chronic pain" (8).
Finally, we should focus on the fact that many developed countries have recently allowed the sale of marijuana for medicinal purposes. Those countries are the U.S. (in eight states as California and Arizona), Germany (by a decision of the Constitutional Court in 2000)
Canada since 2001 (9) and pharmacies in the Netherlands since 2003 (10) (consumption of marijuana is legalized since 1976) and, from 2005 in Catalonia (Spain) (11).
Given these fundamentals, we propose the adoption of this proposal to expressly permit the use of cannabinoid compounds and chemical tetrahydrocannabinol (THC) for medicinal purposes and for research into their effectiveness as medication therapy or to control symptoms.