Definition of a "Home" for Medical Cannabis Purposes

Anything related to legal issues, immigration, problems, regulations, tax issues, or any other law or legal related problem in Chile. Moderated By A Chilean Attorney.

Moderator: Zvalenzuela

needwaterandpeace
Rank: Chile Forum Tourist
Posts: 18
Joined: Mon Feb 26, 2018 3:09 am
Contact:

Definition of a "Home" for Medical Cannabis Purposes

Post by needwaterandpeace » Sun Apr 15, 2018 8:56 pm

Hello. I would like to apply to move to Chile, through the consulate. I became a medical cannabis user because of cancer. I had three treatment options: surgery, chemo, or try a plant. The last option seemed the cheapest and least invasive, and it not only cured my cancer, but it also helps with a few other ongoing issues as well. So, long story short, I want to apply for residency in Chile, but I also want to be able to keep growing my own (organic) medicine.

I can't post links yet, but the Wikipedia article titled "Cannabis in Chile" says, "In 2014 Chile began clinical trials on medical marijuana, and in 2015 a decriminalization bill successfully passed the lower house of the Chilean Congress." Footnote 14 to the same article took me to a BBC article called "Chile lawmakers approve marijuana decriminalisation bill." It says, "The measure will allow each Chilean home to grow up to six plants." So my question is, in Chilean law, does the term "home" apply only to citizens? Or does "home" mean residents as well? Also, if "home" does not apply to residents, then is it possible to apply for a medical exception to policy, since the provision of the bill includes medical use?

Also, the seed strain makes way more difference than I would have imagined before I became a medical cannabis user. The most common strains are not what I need. I need the medical strains, which in the US we order online, either from the US or Europe. I understand Chile is death on seed importation. Is it possible to apply for a medical exception to this policy as well? Thanks for any tips or good advice.

User avatar
Space Cat
Rank: Chile Forum Citizen
Posts: 1075
Joined: Thu Dec 04, 2014 9:20 pm
Location: Valdivia

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by Space Cat » Sun Apr 15, 2018 11:25 pm

It's not legal yet, though you'll find plenty of grow shops with equipment and seeds even in remote places.

Carabineros and PDI will still confiscate your plants and arrest you for growing if they somehow obtain information about it. While the supreme court has been dropping growing-related charges for a while, you don't want to get into problems as a foreigner who is trying to immigrate. Especially considering the current "tough on immigrants and drug trafficking" political stance.

The medical cannabis pioneers in Chile are Fundación Daya, you may want to contact them and ask if they can help.

needwaterandpeace
Rank: Chile Forum Tourist
Posts: 18
Joined: Mon Feb 26, 2018 3:09 am
Contact:

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by needwaterandpeace » Mon Apr 16, 2018 2:14 am

Thank you. I will try to contact them. I did not see an email, or a way to contact them on FB. They have a phone number, I guess I will have to research how to call Chile from the US?

But... the law passed in 2015, and it's still not legal yet? (Do we know when it is supposed to become legal?)

User avatar
admin
Site Admin
Posts: 15880
Joined: Sat Aug 26, 2006 11:02 pm
Location: Frutillar, Chile
Contact:

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by admin » Mon Apr 16, 2018 6:16 am

Foreigner arrested on any drug related charge will automatically have their case sent to the department of immigration, and they will automatically cancel your visa.

Dont mess with it.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

41southchile
Rank: Chile Forum Citizen
Posts: 76
Joined: Mon Jun 12, 2017 2:39 pm
Location: Lakes Region

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by 41southchile » Mon Apr 16, 2018 9:33 am

Chile cannot sort out an immigration reform and has been trying to since the beginning of this decade.
Chile has a debt with municipal teachers that got underpaid since 1981 and have been trying to negotiate a deal to settle since 2009.
The bus terminal in Puerto Montt is unfinished and the contract was finally cancelled after 15 years of building a new terminal that was never finished properly.
Normally those applying for social houses have between a 6 and 10 year wait.
These are just a couple of examples of the time frames when you are looking speed of things happening in Chile.
The pot reform is probably something fairly low down on the list of priorities especially for a socially conservative government we have now, they will kick it down the road for another 4 years no doubt, expect some news around the early to mid 2020s on this issue I would say at a guess.
In the Lakes Region Chile for 6 years. It looks like New Zealand in some ways, and is nearly at the bottom of the world too, but there the similarities end.

41southchile
Rank: Chile Forum Citizen
Posts: 76
Joined: Mon Jun 12, 2017 2:39 pm
Location: Lakes Region

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by 41southchile » Mon Apr 16, 2018 9:39 am

It's probably very much like the tax reform of last government, no one knows what's going on. Haven't heard 6 plants in the house mentioned, as far as I know it is dubious legal territory, as far as I know there are a few trials underway but it actually being legal or decrimanalised I haven't heard that.
In the Lakes Region Chile for 6 years. It looks like New Zealand in some ways, and is nearly at the bottom of the world too, but there the similarities end.

User avatar
Space Cat
Rank: Chile Forum Citizen
Posts: 1075
Joined: Thu Dec 04, 2014 9:20 pm
Location: Valdivia

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by Space Cat » Mon Apr 16, 2018 10:49 am

needwaterandpeace wrote:
Mon Apr 16, 2018 2:14 am
Thank you. I will try to contact them. I did not see an email, or a way to contact them on FB. They have a phone number, I guess I will have to research how to call Chile from the US?

But... the law passed in 2015, and it's still not legal yet? (Do we know when it is supposed to become legal?)
The law definitely did NOT pass in 2015, probably it was drafted back then.

It was approved by the lower house of the Chilean congress last month. (By the way 101 voted in favor and only 1 against the law, so I'd say that Chilean conservatives are fine with weed in general.) But if you look at the timeline of legalization in Uruguay, it took them many years to create a distribution system even after their law came into effect.

So for now it's a crime and the possible creative interpretations of the current law will not apply to a foreigner unless he has a SAG permission.

frozen-north
Rank: Chile Forum Citizen
Posts: 1712
Joined: Wed Jul 18, 2012 1:28 am

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by frozen-north » Mon Apr 16, 2018 11:08 am

As mentioned by Space Cat, the Wikipedia article in English [*] is not to be trusted. Not only the part about the 2015 approval is wrong, it also says:
Decriminalization

A Chilean organization holds annual protests each April 20th, since 1945 in support legalization of cannabis. [1]

[1] Crellin, Olivia (10 August 2012). "Marijuana Debate Rages in Chile". Americas Quarterly.
That part is completely made up, it does not appear at all in the article used as a reference.

Unless you happen to come from a country that has one of those old fashion dictators, the approval of any law requires a number of steps and approvals of different levels within the government. In this case the article quoted by Space Cat says that the proposal (proyecto de ley) still has to go to a 'Health Commission', and later to the senate, where it will be further debated.
Durante esta jornada, la Cámara de diputados de Chile aprobó en general el proyecto que autoriza el uso medicinal de la cannabis, por lo cual pasará a la Comisión de Salud para ser discutido en particular y finalmente analizado en el Senado.

http://www.biobiochile.cl/noticias/naci ... abis.shtml

User avatar
Gloria
Rank: Chile Forum Citizen
Posts: 4288
Joined: Sat Jan 20, 2007 12:30 pm
Location: Región de los Ríos

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by Gloria » Mon Apr 16, 2018 12:10 pm

needwaterandpeace wrote:
Sun Apr 15, 2018 8:56 pm
and it not only cured my cancer, but it also helps with a few other ongoing issues as well.
Mary-Joanna cures cancer??? What type of cancer was it?
I'm from the generation of common sense, wisdom and unfiltered answers. Anótese, comuníquese, publíquese, archívese.
Please remind me the reasons why I decided to come back!

Donnybrook
Rank: Chile Forum Citizen
Posts: 3144
Joined: Thu Nov 24, 2011 10:34 am
Location: Santiago, Chile

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by Donnybrook » Mon Apr 16, 2018 2:01 pm

Whether or not you would have access to medical marijuana, it is not a good idea to head for a country you do not know if you have any major health issue. Given your pre-existing condition you are unlikely to be able to obtain health insurance and state coverage would be minimal.

npugh22
Rank: Chile Forum Tourist
Posts: 15
Joined: Wed May 18, 2016 6:54 pm

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by npugh22 » Mon Apr 16, 2018 9:33 pm

Just out of curiousity, if you're in the US, isn't it just easier to move to a state where medical marijuana is legal?

Sounds like you're trying to uproot your life for something that you can already get? Unless maybe you already just wanted to move to Chile.

Congrats on having your cancer cured! Love hearing stories like that!

needwaterandpeace
Rank: Chile Forum Tourist
Posts: 18
Joined: Mon Feb 26, 2018 3:09 am
Contact:

Re: Definition of a "Home" for Medical Cannabis Purposes

Post by needwaterandpeace » Tue Apr 17, 2018 2:28 am

Oh, I see. My apology! I misread the article. It only passed the lower house so far. So, it may pass the upper house one day, probably, but who knows when? ...and when it does pass, hopefully the definition of “home” will include residents?

I appreciate everyone's responses. I have some more research to do. I would like to relocate away from North America, for a number of reasons.
Thanks to all.

Post Reply