| Título : |
Eficacia jurídica de las políticas sobre el consumo recreativo de cannabis en espacios públicos en Colombia |
| Tipo de documento: |
documento electrónico |
| Autores: |
Vargas Fajardo, Daniel Fernando, Autor ; García Cuartas, Martha Yaneth, Asesor |
| Editorial: |
Manizales [Colombia] : Universidad de Manizales* |
| Fecha de publicación: |
2025 |
| Colección: |
RiDUM - Tesis y Disertaciones - Facultad de Ciencias Jurídicas |
| Subcolección: |
Maestría en Derecho Constitucional y Política Legislativa |
| Palabras clave: |
Derecho Constitucional Espacio Público Derechos Fundamentales Control Social Garantismo Penal Biopolítica |
| Resumen: |
In Colombia, recreational cannabis use is at the center of a legal and political debate that pits fundamental rights against prohibitionist policies and state control of public spaces. Since Ruling C-221 of 1994, the Constitutional Court has established that the possession and consumption of minimal doses are part of the free development of personality. However, the legislature and the administration have woven a regulatory framework that, while allowing for personal cultivation, strictly prohibits consumption in public spaces, creating a paradox: the right to personal cultivation is recognized, but the right to consume in public spaces is prohibited. The debate is further complicated by the fact that the law does not define what constitutes a “minimal dose.” The Constitutional Court has ruled that the consumption of cannabis is a matter of personal freedom, but it has not defined what constitutes a “minimal dose.”However, legislators and the administration have woven a regulatory framework that, while allowing personal cultivation, strictly prohibits consumption in public spaces, creating a paradox: the right is recognized, but its exercise is prevented in the context of democratic citizenship. This research analyzes the legal effectiveness of these policies from asocio-legal and critical perspective.
It draws on the doctrine of authors such as García Villegas (symbolic and differential effectiveness), Bernal Pulido (dimensions ofeffectiveness), and Ferrajoli (guarantees), as well as constitutional jurisprudence (C-221/1994, C-253/2019, SU-360/2022) and empirical studies by theColombian Drug Observatory and the Ideas for Peace Foundation. The findings show that current regulations are ineffective in terms of success: they fail in their stated aims (health,coexistence) but succeed in their implicit aims (selective social control).
Public space, conceived by the 1991 Constitution as a democratic arena for inclusion, has been transformed into a space of exclusion and stigmatization of the consumer. In conclusion, Colombian public policyreproduces an efficacy that is more symbolic than material, legitimizing practices ofterritorial control that systematically violate the rights to free development of personality, equality, and health. In response to this, thearticle proposes moving toward a model of intelligent regulation that, in line with international standards, goes beyond prohibition and guarantees the real exercise of freedoms. |
| Tipo de medio : |
Computadora |
| En línea: |
https://ridum.umanizales.edu.co/handle/20.500.12746/8006 |
| Link: |
https://biblioteca.umanizales.edu.co/ils/opac_css/index.php?lvl=notice_display&i |
Eficacia jurídica de las políticas sobre el consumo recreativo de cannabis en espacios públicos en Colombia [documento electrónico] / Vargas Fajardo, Daniel Fernando, Autor ; García Cuartas, Martha Yaneth, Asesor . - Manizales [Colombia] : Universidad de Manizales*, 2025. - ( RiDUM - Tesis y Disertaciones - Facultad de Ciencias Jurídicas. Maestría en Derecho Constitucional y Política Legislativa) .
| Palabras clave: |
Derecho Constitucional Espacio Público Derechos Fundamentales Control Social Garantismo Penal Biopolítica |
| Resumen: |
In Colombia, recreational cannabis use is at the center of a legal and political debate that pits fundamental rights against prohibitionist policies and state control of public spaces. Since Ruling C-221 of 1994, the Constitutional Court has established that the possession and consumption of minimal doses are part of the free development of personality. However, the legislature and the administration have woven a regulatory framework that, while allowing for personal cultivation, strictly prohibits consumption in public spaces, creating a paradox: the right to personal cultivation is recognized, but the right to consume in public spaces is prohibited. The debate is further complicated by the fact that the law does not define what constitutes a “minimal dose.” The Constitutional Court has ruled that the consumption of cannabis is a matter of personal freedom, but it has not defined what constitutes a “minimal dose.”However, legislators and the administration have woven a regulatory framework that, while allowing personal cultivation, strictly prohibits consumption in public spaces, creating a paradox: the right is recognized, but its exercise is prevented in the context of democratic citizenship. This research analyzes the legal effectiveness of these policies from asocio-legal and critical perspective.
It draws on the doctrine of authors such as García Villegas (symbolic and differential effectiveness), Bernal Pulido (dimensions ofeffectiveness), and Ferrajoli (guarantees), as well as constitutional jurisprudence (C-221/1994, C-253/2019, SU-360/2022) and empirical studies by theColombian Drug Observatory and the Ideas for Peace Foundation. The findings show that current regulations are ineffective in terms of success: they fail in their stated aims (health,coexistence) but succeed in their implicit aims (selective social control).
Public space, conceived by the 1991 Constitution as a democratic arena for inclusion, has been transformed into a space of exclusion and stigmatization of the consumer. In conclusion, Colombian public policyreproduces an efficacy that is more symbolic than material, legitimizing practices ofterritorial control that systematically violate the rights to free development of personality, equality, and health. In response to this, thearticle proposes moving toward a model of intelligent regulation that, in line with international standards, goes beyond prohibition and guarantees the real exercise of freedoms. |
| Tipo de medio : |
Computadora |
| En línea: |
https://ridum.umanizales.edu.co/handle/20.500.12746/8006 |
| Link: |
https://biblioteca.umanizales.edu.co/ils/opac_css/index.php?lvl=notice_display&i |
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Eficacia jurídica de las políticas sobre el consumo recreativo de cannabis en espacios públicos en Colombia
