The Supreme Court of Brazil confirmed the decriminalization of marijuana possession for personal use, establishing a limit of 40 grams to distinguish between users and traffickers. The information was released after the rejection of two appeals filed against a previous ruling by the Public Defender and the Public Ministry.
According to the Court's press office, this decision does not imply the legalization of marijuana possession, which remains illegal in the country, and the prohibition of smoking the drug in public spaces is reaffirmed. The Supreme Court ruled on the constitutionality of Article 28 of the Drug Law, which includes alternative penalties for users and traffickers, such as community service, warnings about the effects of drugs, and mandatory participation in educational courses.
The highest Brazilian court indicated that possession and cultivation of up to six female marijuana plants do not carry criminal penalties. However, it was highlighted that a user could be considered a trafficker if there is evidence of drug sales, such as scales or accounting records, even with small amounts of marijuana.
In another aspect, it was clarified that performing community service as a consequence of possessing marijuana for personal use is no longer valid. The decision was made unanimously by the Supreme Federal Court, reaffirming decriminalization and establishing the 40-gram limit to distinguish between users and drug traffickers.
