Supreme Court decriminalizes possession of marijuana for personal use

On Wednesday (Jun. 26), Brazil's Supreme Court will determine the amount of marijuana that qualifies as personal use, distinguishing users from traffickers. Based on the votes already cast, the limit is expected to be set between 25 and 60 grams or six female cannabis plants.

Yesterday (25), by a majority vote, the court decided to decriminalize the possession of marijuana for personal use. The judgment concluded after nine years of successive suspensions.

With the decision, cannabis possession remains illegal, meaning it is still forbidden to smoke the drug in public. However, the penalties for users are now administrative rather than criminal.

The Supreme Court ruled on the constitutionality of Article 28 of the 2006 Drug Law. To distinguish between users and dealers, the law prescribes alternative penalties such as community service, warnings about the effects of drugs, and mandatory attendance at an educational course.

The law no longer imposes prison sentences but kept the illegality. . Consequently, drug users are still subject to police investigations and legal proceedings aimed at enforcing alternative penalties.

The majority of justices upheld the law's validity but concluded that the penalties for users are not criminal in nature.

It does not constitute legalization

During the session, Supreme Court President Justice Luís Roberto Barroso emphasized that the Court is not legalizing marijuana and that consumption remains illegal.

"At no time are we legalizing or endorsing drug use as a positive thing. On the contrary, we are deliberating on the best approach to address the ongoing epidemic in Brazil, as our current strategies have proven ineffective, with both consumption and drug trafficking power on the rise," he said.