Is Public Intoxication Legal in Argentina After the 2026 Framework Overhaul?

No, public intoxication is not explicitly criminalized in Argentina, but local ordinances and the National Drug Law (Law No. 24,788) impose restrictions on disorderly conduct linked to alcohol or substance use. Municipal codes often penalize public disturbances, while federal law targets drug-related offenses under the 2026 amendments to Law No. 24,788, which expanded enforcement against public consumption in sensitive areas.


Key Regulations for Public Intoxication in Argentina

  • Municipal Ordinances: Most provinces, including Buenos Aires and Córdoba, enforce local laws (e.g., Código Contravencional) that prohibit public drunkenness if it leads to disturbances, aggression, or obstruction of traffic. Fines range from ARS 5,000 to ARS 50,000, with potential community service.
  • National Drug Law (Law No. 24,788): While not directly criminalizing intoxication, Article 15 penalizes public consumption of drugs in “places accessible to minors” or near educational institutions. The 2026 amendments now classify repeat offenses as misdemeanors, increasing penalties.
  • Public Order Laws: The Código Penal (Article 194) and Ley de Seguridad Ciudadana (Law No. 27,346) allow police to detain individuals for “public scandal” (escándalo público), often applied to intoxicated persons causing disturbances.

Enforcement varies by jurisdiction, with Buenos Aires City’s Código de Convivencia prioritizing mediation for first-time offenders, while rural areas may impose stricter penalties under provincial statutes.