Brazil is making headlines with its historic decision to decriminalize marijuana possession for personal use, a ruling dropped by the country's Supreme Court (STF) back in June 2024. This move fundamentally alters the legal treatment of cannabis and brings forth new dynamics to Brazil's national drug policy.
The Supreme Court's ruling aims to carve out a clearer distinction between drug users and traffickers, setting guidelines on what constitutes personal use versus illegal trafficking. Under this new directive, individuals can legally possess up to 40 grams of marijuana or six female plants, effectively sanctioning personal consumption without the fear of being branded as criminals.
This marks a notable shift from previous legal frameworks, where the boundaries between user and trafficker were often blurred, leading to arbitrary judgments from judges and police officers based on subjective criteria. Prior to this ruling, Law 11.343 from 2006 had recognized the difference between users and dealers but lacked specific thresholds for what constituted personal use, leaving too much discretion to law enforcement and judicial interpretations.
According to Gabriella Arima, a lawyer with the Legal Network for Drug Policy Reform, the previous system actually failed to protect users, enabling personal biases and moral judgments to dictate legal outcomes. This change brings hope for more objective legal guidelines and can potentially offer relief for countless individuals caught under the stringent drug laws.
Interestingly, the ruling arrives at a time when the perception of marijuana use is shifting among Brazilians. A survey conducted by the Oswaldo Cruz Foundation (Fiocruz) found roughly 7.7 percent of people aged 12 to 65 had used the drug, but more recent data from the Datafolha research institute reported one in five Brazilians had tried it at some point. This growing acceptance could contribute to broader conversations surrounding drug policy and health reform.
After the ruling, organizations such as the NGOs Conectas and Rede Reforma hailed the decriminalization as pivotal for reducing prison overcrowding and reducing violence associated with drug trafficking. These issues disproportionately affect marginalized communities, particularly Black Brazilians living in underprivileged regions.
Despite the positive direction, experts caution against resting on the laurels of this decision alone. They warn the ruling sits atop deep-rooted issues tied to the broader drug war policies, which many experts deem ineffective. There’s still significant work to be done to address the societal impacts of past drug legislation and to recognize drug usage as more of a public health issue instead of purely criminal.
Myro Rolim, who works on harm reduction initiatives for drug users, expressed skepticism over the ruling’s impact, emphasizing the urgency of addressing the lack of investment in education and job opportunities to truly make headway against the nation’s long-standing prohibitionist tendencies. Such foundational changes are deemed necessary to pave the way for more effective substance use policies.
It’s worth noting, though, the Supreme Court's ruling does not equate to legalization. Although personal use has been decriminalized, consumption itself still resides within legal gray areas, where possession is not viewed through the lens of criminality but rather through administrative penalties. This means if someone is found with marijuana, police intervention may occur, but arrest isn’t automatic for small personal amounts.
Studies conducted by the Institute for Applied Economic Research (Ipea) suggest decriminalizing marijuana could lead to real impact, with projections indicating it could reduce the prison population by 1 to 2.4 percent. This statistic translates to considerable financial savings on incarceration, with estimations ranging from BRL 262 million to BRL 591 million per year.
