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Chile's Court of Appeals Absolves
Elderly Marijuana User
The Santiago Times
Chile
July 13, 2005
An elderly Chilean woman, María Luisa Velasco, is now free to grow marijuana - and this time it will be legal.
Chile's Court of Appeals revoked a charge against Velasco, the ex-wife of former senator for the Christian Democratic Party, Juan Hamilton, for cultivating marijuana plants at her home.
Although details have only just been released, the Court made the decision on May 17, stating that there isn't enough evidence to maintain the conviction against Velasco. The Court found that the marijuana was only being used by Velasco for personal use, and not for trafficking.
In February, police seized 40 marijuana plants and found $500,000 pesos (US $860) in cash at Velasco's house in Las Condes. At that time, Velasco claimed she smoked marijuana for medicinal purposes, to relieve pain caused by arthritis and rheumatism. The decision by the appeals court, however, was not in respect to her use of marijuana for medicinal purposes.
After the police seizure, Velasco spent five days in the Orientation Center for Women, charged under Chile's drug law, which penalizes anyone caught cultivating narcotics. She was released February 23 after paying a fine of US$173.
Velasco's lawyer, Cedric Bragados, told the Court that his client is not in the business of trafficking marijuana. "On the contrary, (Velasco) has consumed this type of substance and she has done it with the sole purpose of alleviating her pain," Bragados said.
Velasco began smoking marijuana 30 years ago, after separating from her partner Juan Hamilton. At the moment, Velasco is staying at home and not accepting visits from the media without the permission of her son, Tomás Hamilton. Her lawyers are not accepting any calls.
The Chief for the National Council for Narcotics Control (CONACE), Mariano Montenegro, reaffirmed that in Chile, it is still not permitted to use cannabis derivatives for medicinal purposes. Prescriptions have to be authorized by the Public Health Institute (ISP), Montenegro says, which is something that has yet to occur.
Montenegro adds that in countries where cannabis use is permitted for medicinal purposes, consumption is not completely unrestricted. There are regulations which restrict use to patients with chronic pain, who undergo chemotherapy, or who need marijuana to stimulate their appetite.
In May, Sen. Nelson Ávila led a petition effort calling for the decriminalization of growing marijuana for personal use and therapeutic reasons at a Marcha del Millón de Pitos (Million Joint March) in Parque Forestal in Santiago.
Ávila told the crowds at that march that a few months ago he had presented a bill in favor of the therapeutic use of cannabis, but it was rejected by Congress.
"CONACE doesn't work," Ávila said at the march in May. "The state's continuing prohibitionist policy is a useless expense that has only strengthened the (drug) mafias."
For Ávila, it is important that in the Velasco case the argument of consuming marijuana for therapeutic purposes was not used. Instead, the court came to the decision solely by considering individual and private use of marijuana, Ávila says.
Sen. Jaime Orpis, a member of the Political Committee of the Independent Democratic Union (UDI) party, says that even though the Court revoked the charge against Velasco, arguing that she cultivated plants only for personal consumption, the decision still doesn't take into account the high quantity of marijuana found in Velasco's home.
In March, the Santiago Appeals Court granted an AIDS sufferer, R.D.J., the right to grow and consume marijuana to combat the side effects of his medication. His ruling was the first of its kind in Chile.
All charges against the 41-year-old, who was accused of drug trafficking when police found several marijuana plants at his home, were dropped.
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