Brazil’s Supreme Court Decriminalizes Marijuana Possession for Personal Use

Brazil’s Supreme Court voted to decriminalize possession of marijuana for personal use, making Brazil one of the last countries in Latin America to do so. This decision aims to alleviate Brazil’s massive prison population.

Final Votes and Implementation

Since deliberations began in 2015, a majority of the 11 justices have voted in favor of decriminalization. The justices will determine the maximum quantity of marijuana allowed for personal use and the ruling’s effective date, expected as early as Wednesday. Decriminalization will apply only to possession in amounts suitable for personal use, while selling drugs remains illegal.

Current Legislation and Its Impact

In 2006, Brazil’s Congress passed a law intended to impose alternative penalties, like community service, for those caught with small amounts of drugs. However, the law’s vagueness on quantity led to ongoing arrests for trafficking. Many of those incarcerated for drug trafficking are first-time offenders with small quantities of drugs, caught in routine police operations without any ties to organized crime.

Congressional Responses and Potential Conflicts

Amid the Supreme Court’s deliberations, Congress advanced a proposal to tighten drug legislation. In April, the Senate approved a constitutional amendment criminalizing possession of any illicit substance. The proposal, which passed the lower house’s constitutional committee on June 12, requires additional approval before a floor vote. If passed, this legislation would take precedence over the Supreme Court’s ruling but could face constitutional challenges.

Medical Use and International Context

In 2019, Brazil’s health regulator approved guidelines for selling medicinal cannabis products. In 2023, some patients received court authorization to grow cannabis for medical treatment. Despite these advancements, Brazil remains one of the few Latin American countries that hasn’t fully decriminalized small drug quantities for personal use.

Prison Overcrowding and Racial Disparities

Brazil has the third-largest prison population globally, with approximately 852,000 individuals incarcerated as of December 2023. Nearly 25% of these inmates were arrested for drug possession or trafficking. Brazilian jails are overcrowded, with Black citizens disproportionately represented, making up more than two-thirds of the prison population. A study by Insper revealed that Black individuals found with drugs were more likely to be indicted as traffickers compared to white individuals.

Comparative Analysis in Latin America

While countries like Argentina, Colombia, and Mexico allow medicinal cannabis use, they have varying degrees of decriminalization and legalization for recreational use. Uruguay fully legalized marijuana for recreational use in 2013, implementing the law in 2017. In contrast, Ecuador and Peru still consider both distribution and possession illegal.

Future Implications

The Supreme Court’s ruling, long advocated by activists and legal scholars, aims to reduce imprisonment for minor drug offenses. However, potential legislative changes could complicate the legal landscape surrounding marijuana possession in Brazil.

This landmark decision reflects broader regional trends and ongoing debates about drug policy, public security, and prison reform in Latin America.