A new chapter begins for Chilean politics. After winning the runoff election against candidate Jeannette Jara by 58% to 41%, President-elect José Antonio Kast represents another milestone in the country’s political back-and-forth: a society seemingly unafraid to swing from right to left, and back again. But what about the future of progressive policy agendas under the new government? What is its historical stance on cannabis and the struggles surrounding it? Are heated debates, such as those that cannabis regulation could generate, indefinitely on hold, or are new opportunities on the horizon?
Over time, José Antonio Kast’s statements have revealed a profoundly ambiguous position regarding cannabis. In 2016, Kast stated that “legalizing marijuana would be a social catastrophe.” A year later, in 2017, he stated that he had no problem with medicinal cannabis, as long as it was strictly controlled by the Public Health Institute. During that same period, he even went so far as to say that anyone over 23 could “do whatever they wanted.”
However, in 2019, he maintained that “marijuana is a drug that destroys lives, families, and our society.” “This lack of consistency is not a minor detail: when someone governs, ambiguity translates into legal uncertainty and decisions that directly affect the lives of patients and users. Beyond the statements, what is concerning is the lack of a clear vision for regulation based on scientific evidence and human rights,” argues Congresswoman Ana María Gazmuri, an activist for legal therapeutic cannabis, regarding Kast’s rise to power.
During the presidential campaign, the discourse focused primarily on security. Rights were left out of the debate during this period. “We weren’t a priority for a government that promised to end the criminalization and persecution of cannabis users, and we’ll be even less of a priority for the next government,” reveals Muy Paola, director of Santiago Verde and cannabis activist.
So far, there are no clear signs of what the Kast administration plans to do regarding weed: neither positive nor negative. Only speculation so far. “Cannabis is an issue that doesn’t exist in his proposals. He’s not even interested in discussing it. He’s very focused on large-scale drug trafficking. Everything is very ‘macro,’ in terms of the economy and security. Therefore, cannabis use, possession, or anything related to everyday users, I don’t think it’s even on his radar,” confesses Bernardita Ruffinelli, Chilean journalist and comedian.
For his part, José Antonio Kast is a man of deep religious convictions and belongs to the Schoenstatt congregation, a conservative Catholic movement founded by Father Joseph Kentenich in Germany, centered on devotion to the Virgin Mary. So, what will he do about an issue that still sparks public debate? It’s hard to say, but we can assume that the topic will not be among his priorities.
“He’s not going to touch anything that has to do with traditional values. These days, an iron-fist approach to cannabis might be the only thing that interests his administration. It’s the only thing he’s said,” continues Ruffinelli. And popular journalist Nicolás Copano adds: “Kast is a religious fundamentalist who has voted against progressivism and represents our local version of Jair Bolsonaro (Brasil), Javier Milei (Argentina), and Donald Trump.”
Currently, there are legislative proposals (such as Bill 17.568-11) that seek to decriminalize personal possession and cultivation. However, it seems unlikely that the new Congress and the Executive branch will move these bills forward. “We will have to exert pressure from the community more strongly than ever. Today, we are not a priority for anyone: the far-right wave has surged, but, like any cyclical and pendulum-like process, at some point we should regain ground in the public discourse,” says Muy Paola.
Today, the lack of legal clarity translates into greater criminalization: the same behavior can be considered legal in Las Condes and a crime in Temuco. The mentioned bill aims to end this arbitrariness, reduce the illegal market, and prevent public resources from continuing to be wasted on persecuting patients.
“Unfortunately, the outgoing government did not show the necessary political will, and the bill remains stalled in the Constitutional Committee. With a more conservative Congress and Executive branch, the scenario is complex, but we will continue fighting. It is not just about individual rights, but also about public safety, reducing drug trafficking, and the efficient use of public funds,” criticizes Gazmuri.
Meanwhile, there is a legal ambiguity in Law 20,000 that defines “small quantities” of cannabis, leaving discretion to judges and prosecutors, leading to regional disparities. “The law already exists. What’s needed is to provide clear protocols to the police to avoid unnecessary and stigmatizing procedures, in addition to the high fiscal expenditure these entail,” Muy Paola argues.
Meanwhile, pro-cannabis parliamentarians in Chile have maintained a strategic silence during the elections. “I think that if things don’t regress, the little progress that could be made is in the medicinal area,” says Simón Espinosa, director of En Volá and a cannabis activist.
In the democratic era, Chilean center and center-left governments were among the most prohibitive regarding weed. Here are some facts: it was the National Council for Drug Control (CONACE) under Michelle Bachelet that placed cannabis on Schedule I of controlled substances, and it was the National Service for the Prevention and Rehabilitation of Drug Use (SENDA) under Sebastián Piñera that reclassified it, reducing police persecution. “This doesn’t mean Kast will or won’t do anything about it. It doesn’t necessarily mean he’ll increase police persecution of users, although that’s perfectly possible. Nor does it mean he’ll make statements like Donald Trump about his intentions to open a federal market,” Espinosa elaborates.
In Chile, most of the advances on progressive agendas has come from the constant pressure of organized civil society. And, specifically regarding weed, that progress has come through the struggle of patients, families, and cannabis organizations. “Institutional politics tend to react late, and only when there is clear social support. Today, more organization, more coordination, and more citizen pressure are needed for this issue to become a priority again,” Gazmuri confirms. “The Chilean political class is not up to the task,” Espinosa remarks bluntly.
Within the cannabis movement, some activists lament the lack of coordination and divisions. “That’s a sad reality,” Espinosa clarifies. Still, they hope that a shared challenge will “unite” them and allow them to “move forward toward a common goal.” Espinosa, one of the most critical voices of the present, says: “As a community, we somewhat confused political tolerance with rights that we never formally ratified, and now we are paying the price for our lack of coordination and blindness. Learning often comes at a painful price.”
Looking ahead, they hope to provide formal infrastructure for medicinal users, civil associations, foundations, and NGOs. They also aspire to create clear protocols for police officers to prevent more people from going to jail for cannabis use. And, at a higher level, they will seek the effective decriminalization of weed use, with modifications to the list of narcotics to reduce persecution and, ideally, a modification of the mention of cannabis in the Drug Law.
“Strengthening Law 20,000 would only encourage drug trafficking and deepen the collapse of the penal system. It would be a contradiction for a government that comes in promising to improve security and combat organized crime. Persecuting users and patients doesn’t reduce violence or problematic drug use. On the contrary, it diverts resources that should be used to pursue large criminal networks. It would be shooting themselves in the foot,” warns Gazmuri.
With the approaching change of government, these professionals offer some practical advice on personal safety and legal defense for growers and users. “Something I can recommend is that those of us who use weed recreationally start coming out of the closet. It’s important that using isn’t only associated with people who lead ‘loose lives’ or have ‘unorthodox’ schedules. I think it’s important to associate recreational pot use with ordinary people who have jobs, families, and who contribute to the country, paying taxes and having responsibilities,” says Ruffinelli. “The more we normalize who the consumers are, the easier it is to have conversations with any government,” she continues.
At the same time, Espinosa calls for “caution and thoroughness” because “it’s the only thing that can be used today to respond to an audit and potential trial.” In that sense, Gazmuri asks users and growers to “take care of themselves and stay informed.” She warns: “Although home growing is legal, criminalization still exists in practice, and that situation could worsen. It’s important to have medical support, organize collectively, and seek legal advice when necessary. Complying with the law doesn’t always guarantee fair treatment.”
In this new political cycle, Chile faces a mirror of contrasts: a government that embraces conservatism, versus a cannabis community that has learned to push for dialogue to achieve new rights. And while the Kast administration epitomizes some stigmas, the challenge for Chileans is not just a legal one, but a cultural one: strengthening collective organization and demonstrating that marijuana embodies freedoms and rights. Thus, amidst regulatory uncertainties, moral imperatives, and the emergence of a pragmatism leaning toward a heavy-handed approach, the plant will continue to grow.
Cover photo: Equipo Kast, CC BY 4.0, via Wikimedia Commons (Edited)
