Brazil Decriminalizes Marijuana in Landmark Court Decision

In a historic ruling last month, Brazil’s Supreme Court voted to decriminalize the possession of marijuana for personal use. The decision marks a significant shift in how the Brazilian justice system will enforce the country’s drug policy going forward.

Since 2015, Law 11.343/2006 has been under judicial review. The law makes it illegal to purchase, sell, or possess drugs, with penalties ranging from five to twenty years in prison. However, it doesn’t distinguish between possession for personal use and trafficking. Under the law, a person caught with a small amount of marijuana faces the same consequences as a drug dealer.

Now, due to the court’s decision, individuals caught possessing up to 40 grams of marijuana or six cannabis plants won’t face criminal prosecution or prison time. Although marijuana remains an illicit substance and its sale and use are still prohibited, possessing small amounts is now considered an administrative offense rather than a criminal one.

The move aims to reduce Brazil’s massive prison population, where many inmates are incarcerated for minor drug offenses. It also seeks to avoid an ill-consequence of incarceration - low-level offenders being forced to join violent gangs to survive their imprisonment.

By decriminalizing marijuana, Brazil joins a growing list of countries adopting more progressive drug policies. While some fear it could lead to increased drug use, others argue it’s a step towards acknowledging society’s increasing acceptance of marijuana use. As Brazil navigates this new landscape, the focus will likely shift from punishment to education and support for treatment.