The Brazilian Supreme Court ruled Tuesday by a comfortable majority in favor of decriminalizing the possession of cannabis for personal use, during a long trial that is tearing society apart. This remains an “unlawful act”, but will no longer be subject to a criminal penalty.
Eight of the eleven magistrates of Brazil’s highest judicial body have spoken out in favor of decriminalizing the possession of cannabis.
The President of the Supreme Court of Brazil, Luis Roberto Barroso, affirmed that this decision constituted “in no way a legalization” of cannabis in the country. The magistrates must still set, during another session scheduled for Wednesday, June 26, the maximum quantity permitted for the possession of cannabis intended for personal consumption.
Remember that this long legal process was initiated in 2015, before being interrupted numerous times. Current legislation, which dates back to 2006, makes it an offense to “acquire, possess or transport drugs without authorization”.
This offense still appears in the penal code, but is no longer accompanied by a prison sentence as was the case in the previous version, which provided for a sentence of six months to two years in prison.
The 2006 law does not specify up to what quantity of cannabis an individual can appear as a simple user – punished by alternative penalties, like services of general interest – and not as a drug trafficker, who risks being fined. severe penalties. Without a real objective criterion, this is left to the discretion of the police, the prosecution or the magistrates of first instance.
