In June 2024 Brazil’s Supreme Court approved the decriminalization of marijuana possession for personal use, setting a clearer line between trafficking and consumption. The court defined personal use as possession of up to 40 grams or six female plants. While consumption remains illegal, penalties under the new understanding are administrative rather than criminal, and police may stop but not arrest people who carry small amounts. The court also said the ruling can be applied retroactively when it benefits the defendant; in August the Superior Court of Justice used the precedent to acquit a person held for 23 grams.
Law 11.343 of 2006 had separated users from traffickers but lacked objective criteria, which allowed subjective factors to influence police and judicial decisions. Studies and surveys show substantial past use, and Ipea estimated that decriminalization could reduce the prison population by 1.0–2.4 percent and save between BRL 262 million and BRL 591 million per year (USD 46.6 million to USD 105 million). Brazil currently has over 850,000 people incarcerated, about a quarter for drug trafficking, and thousands detained for small amounts.
NGOs such as Conectas and Rede Reforma called the ruling a step toward reducing overcrowding and violence that disproportionately affect Black people and poorer regions. Experts and harm-reduction workers, including Myro Rolim of ABRAMD and REDUC, stressed the need for stronger education, support programs and regulation of production and distribution. Medical use developments noted that Anvisa allowed import of CBD medicines in 2014 and authorised production and importation of cannabis-based products for medical use in December 2019.
Difficult words
- decriminalization — removal of criminal penalties for a previously illegal act
- trafficking — illegal trade or transport of drugs and goods
- administrative — related to official rules and non-criminal penalties
- retroactively — in a way that affects past actions or cases
- precedent — a previous decision used as a legal example
- incarcerate — to put someone in prison or jailincarcerated
- regulation — an official rule controlling production or behaviour
Tip: hover, focus or tap highlighted words in the article to see quick definitions while you read or listen.
Discussion questions
- How might changing penalties from criminal to administrative affect people stopped for carrying small amounts of marijuana?
- What kinds of education, support programs or regulations would help after this ruling, and why are they important?
- What are possible benefits and challenges of applying the ruling retroactively to past cases?
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