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🇺🇸 1. What the Supreme Court Says
On June 26, 2024 , the Supreme Federal Court ruled that possessing cannabis for personal use is not a crime , although the substance remains illegal. The legal limit is 40 grams or six female plants . Amounts above this amount continue to be considered trafficking. Wikipedia +15 Wikipedia +15 Wikipedia +15
The decision also clarified that these criteria are not absolute — factors such as the presence of scales, notes, and social context can characterize trafficking even with less than 40g. Reddit
The rule is retroactive , meaning it can benefit people already convicted for conduct that would no longer be considered crimes today. Wikipedia
đź“ś 2. Existing Law and Regulation
Since 2006, Article 28 of Law 11.343/2006 has treated possession for personal consumption as a criminal offense, subject to warnings, educational courses, and social services—without imprisonment. Federal Senate +15 Wikipedia +15 Reddit +15
With the Supreme Federal Court (STF), these sanctions must now be treated as administrative infractions , no longer prosecuted as crimes, and the previous coercive measures must be withdrawn. Wikipedia Wikipedia Wikipedia
đź’Š 3. Medicinal Use and Regulated Cultivation
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Anvisa has regulated CBD and THC-based medicinal products since 2019, with a mandatory medical prescription and a black label for concentrations above 0.2% THC. Poder360 +4 cannabis.com.br +4 Federal Senate +4
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In February 2025 , the Superior Court of Justice (STJ) authorized the cultivation and industrial production of cannabis for medicinal use, but only by authorized companies and with a THC content of less than 0.3%. Anvisa had until May 2025 to formally regulate it. SouCannabis +2 Federal Senate +2 Reddit +2
Several bills are currently under consideration in the Legislature to regulate medicinal use, cultivation by therapeutic associations, and partnerships with entities, such as Bill 89/2023 and others. Federal Senate
🧠4. Public Perception
A Datafolha survey in March 2024 shows that 67% of Brazilians are against decriminalizing possession for personal use, while only 31% support the idea. Wikipedia +15 Reddit +15 Reddit +15
This data reveals that, although judicial decisions are progressing, the population's perception is still largely conservative.
đź“Š Summary of Key Points
| Theme | Current Situation |
|---|---|
| Personal use permit | Decriminalized up to 40g or 6 plants; does not result in imprisonment, but is an administrative offense |
| Personal cultivation | Not allowed; only regulated associations or companies may cultivate |
| Medicinal use | Permitted with prescription; regulation underway to expand production |
| Future legislation | Bills being processed aiming at technical regulation and support for therapeutic associations |
🧠What Does This Mean in Practice?
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Anyone stopped by police with up to 40g or a few plants may be subject to seizure, an educational course, and a warning without risk of arrest . BBC +15 Wikipedia +15 Reddit +15
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Home cultivation is still not permitted —even the Superior Court of Justice's ruling applies only to hemp companies and industrialization. SouCannabis +1 Poder360 +1
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Medical use is expanding, but it depends on regulations from Anvisa and new laws still under discussion in Parliament. Federal Senate informacann.com.br
✔️ Conclusion
Decriminalization in Brazil has advanced, especially after the Supreme Federal Court's decision in June 2024. Although possession for personal use is no longer a crime, commercialization, personal cultivation, and home production remain restricted. Medicinal use is gaining momentum, but it depends on concrete regulations. The legislative debate is ongoing, but it still faces significant social resistance.