Uso lícito del cannabis en Colombia, en las comunidades indígenas y en la legislación internacional

Abstract

Against the use of the cannabis plant there has been a great debate in the 21st century regarding the legal arguments that defend the legalization of the plant, as well as its legal, medical, scientific and industrial use, and on the other hand, the reasons that tend for its absolute prohibition and its consequent penalty when its use is made for recreational and drug trafficking purposes. The arguments in favor of one or another position that will be presented in this paper are of a cultural, industrial, environmental and legal nature, at national and international level. The debates that about cannabis have been presented in different scenarios can be evidenced, one of them is the lawful and on the other hand the illicit, as well as the cultural debate on the subject. On the other hand, the treatment that in national and international law has been enshrined against the licit and illegal use of cannabis will be analyzed, so it is essential to have different pronouncements on the subject, such as those of the Constitutional Court and Chamber of Criminal Cassation of the Supreme Court of Justice against the impact it generates on the fundamental constitutional rights of consumers, ethnic communities and that indicated by foreign states that have legislated, approved and legalized the use of marijuana from various aspects such as the scientist , industrial, medicinal and recreational. For this point it is necessary to objectively specify, those positive aspects of the industrial use of the cannabis plant, because due to ethical, moral and religious factors, norms and policies that limit its use to certain sectors have been set. The purpose is to demonstrate the legal, jurisprudential and public policy discussion about the use of cannabis both in the Colombian legal system and in different foreign laws. This paper intends to analyze the legal debate on the use of the cannabis plant, this work is expected to cover in a concrete and specific way each of the elements mentioned above. It is convenient to illustrate the positive characteristics of the use of the plant, the legalization of crops and compare them with those arguments of a cultural, social, philosophical, moral and legal nature that choose to be against the legalization of marijuana crops and their consequent Industrial, economic and recreational use.