In June 2024 Brazil’s Supreme Court approved a ruling that treats possession of up to 40 grams of marijuana, or six female plants, as personal use. The decision aims to help courts and police distinguish trafficking from personal consumption. Consumption itself remains illegal, but penalties are administrative rather than criminal, and police should not arrest someone for small amounts.
The court president said the ruling can be applied retroactively when it benefits the defendant. In August the Superior Court of Justice applied the precedent and acquitted a person who had been imprisoned for possessing 23 grams.
Law 11.343 from 2006 had distinguished users from traffickers but gave no clear criteria, and judges and police sometimes relied on subjective factors. Research shows sizable use in the population and suggests decriminalization could modestly reduce the prison population and public spending. NGOs welcomed the ruling but called for better education, support programs and regulation.
Difficult words
- possession — having something under your control or ownership
- distinguish — see or show the difference between things
- trafficking — illegal trade or movement of goods or people
- consumption — the act of using or taking a substance
- retroactively — applied to events or cases in the past
- acquit — find legally not guilty of a crimeacquitted
- precedent — earlier decision used as a legal example
- decriminalization — removal of criminal penalties for an action
- administrative — related to government management or rules
Tip: hover, focus or tap highlighted words in the article to see quick definitions while you read or listen.
Discussion questions
- Do you agree that police should not arrest people for small amounts? Why or why not?
- How could education and support programs help people, as NGOs suggested?
- Should the ruling be applied retroactively to benefit defendants? Give your reasons.
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