Brazil’s Supreme Court has taken an important step in decriminalizing the possession of cannabis for personal purposes, placing the country on the same line as several other Latin American countries. This historic decision, concluded by final votes on Tuesday, represents a crucial change in Brazilian drug policy and has been years in the making. Deliberations began in 2015 and, with the majority of the court’s 11 members voting in favor of decriminalization, it is expected to reduce the country’s huge prison population.
Supreme Court decision
The Supreme Court judges agreed that decriminalization should only apply to possession of quantities suitable for personal use. Sales of cannabis will remain illegal. However, the exact amount that will be considered personal use has yet to be determined. This clarification should be finalized shortly.
In 2006, the Brazilian Congress passed a law aimed at combating small-scale drug possession by providing alternative punishments such as community service. However, the vague nature of the law made it impossible to define specific quantities, leaving law enforcement and judicial services to interpret the line between personal use and drug trafficking. This ambiguity has led to numerous arrests for small quantities of drugs on trafficking charges, worsening Brazil’s already critical prison overcrowding.
The Supreme Court’s decision is expected to ease the burden on Brazil’s prison system. Ilona Szabopresident of the Igarape Institute, stressed that a large proportion of people detained or convicted for drug trafficking are first-time offenders who transport small quantities of illicit substances. They are often unarmed and have no links to organized crime.
Legislative challenges
Despite the Supreme Court’s ruling, the legislative landscape remains complex. Congress is simultaneously advancing proposals that could tighten drug laws. In April, the Senate approved a constitutional amendment to criminalize the possession of any amount of illicit substances. This proposal has passed through the constitutional committee of the lower house and must still be approved before being voted on. If passed, this legislation would override the Supreme Court’s ruling, although it could be subject to constitutional challenges.
Senate President Rodrigo Pacheco said the issue should be resolved through legislative means rather than judicial rulings, reflecting current tensions between Brazil’s judicial and legislative branches over drug policy reform.
Activism and public reaction
For many activists and lawyers, the Supreme Court’s decision is a long-awaited victory in a country where the prison population is one of the largest in the world. Critics of the current law say users caught with small amounts of drugs are often convicted of trafficking and end up in overcrowded prisons, where they may be forced to join prison gangs. Cristiano Maronadirector of the civil society group JUSTA, stressed that drug trafficking is the main factor in imprisonment in Brazil.
The decriminalization movement also highlights racial disparities in Brazil’s criminal justice system. Black people found in possession of drugs are slightly more likely to be charged as traffickers than their white counterparts, according to a study by the Insper Institute.
Regional context
Brazil’s decision to decriminalize cannabis follows trends seen in other Latin American countries. For example, Uruguay has fully legalized the cannabis for recreational use in 2013, and Colombia decriminalized possession a decade ago. However, recreational sales remain illegal in Colombia despite ongoing legislative efforts.
In Argentina, the Supreme Court ruled in 2009 that penalizing adults for personal use of cannabis was unconstitutional, although the law itself was not amended. Likewise, the medical use of cannabis is permitted in Brazil and other countries like Argentina and Mexico, although it is often subject to strict regulations.
