DUAL NATURE OF THE PURPOSE FOR MEDICAL TREATMENT IN THE OFFENSE OF CANNABIS SATIVA CULTIVATION

JUSTIFICATION DEFENSE AND LEGAL PRESUMPTION

Abstract

This article examines the justification defense introduced by Law N° 21.575 in relation to the criminal offense of unlawful cultivation of Cannabis sativa when intended for therapeutic purposes. It provides an in-depth analysis of the dual nature of the provision, which simultaneously establishes a substantive justification and a legal presumption aimed at facilitating evidentiary assessment in judicial proceedings. The text further identifies interpretive challenges, warning against both overly permissive applications that may lead to de facto decriminalization, and excessively restrictive readings that could render the therapeutic exception ineffective. The article concludes by underscoring the necessity of a systematic interpretation consistent with foundational principles of criminal law—one that appropriately balances legal certainty with the right to health, while preserving clear and well-defined boundaries for therapeutic self-cultivation.