The construction of a right: The regulation of medicinal cannabis in Argentina and Brazil

Abstract

Cannabis regulation has been constructed and shaped according to local conditions in each country. The role of social movements is fundamental in the construction of public policies that overcome the prohibitionist paradigm. The comparison between the normative path of the therapeutic use of Cannabis in Brazil and Argentina is a contrasting example that demonstrates differences in the models adopted in regulation. The article analyzes how activism interferes in the construction of public policies and rights around Cannabis, focusing on public health. The methodology used was the use of in-depth interviews with activists and professionals who actively participate in institutional debates seeking to expand regulation. The interviews were guided by a semi-structured questionnaire aimed at understanding how interlocutors interpret aspects of each regulation/implementation model and its practical effects. A descriptive analysis of the arguments and reasons of the interviewees for their actions was carried out. As a result, we can see the advancement of the legal use of medicinal cannabis and the effective active participation of cannabis activism, with access to medicines being the construction of a collectively shaped right. The relationship established between activists from the Marijuana March (MM) and patients was a catalyst for the advancement of the regulation of Cannabis use, whose increase in users has been noticed.