After nine years of trial, the Federal Supreme Court (STF) decided on Tuesday (25/06) to decriminalize the possession of marijuana for personal use. In practice, the Court’s decision implies that the use of the substance will no longer be considered a crime but will be treated as an administrative offense. The ministers defined that the quantity allowed for users is 40 grams and this will be valid for the entire country.
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Not Legalized
Legalizing means passing laws that allow and regulate conduct. That is, creating norms organizes the activity and establishes its conditions and restrictions — production rules, and sales, for example. The Supreme Court did not do this, because it does not have the competence to approve laws. If a person is caught by police with marijuana and is considered a user, they cannot be the target of police investigations and legal proceedings seeking to enforce alternative sentences. Still, marijuana remains an illicit substance, as does its consumption.
User Vs Trafficker
On Wednesday (26), the STF established the parameter of 40g or six female plants as a criterion to differentiate users from marijuana traffickers. The president of the STF, minister Luís Roberto Barroso, explained that the 40g limit is relative. That is, if a person possesses less than this amount of marijuana, but, according to the police officer, adopts trafficking practices, they should be criminally prosecuted.
Prison Overcrowding
The Minister of Justice, Ricardo Lewandowski, stated that the decision will contribute to reducing overcrowding in the prison system. For him, this distinction that the STF is making between user and trafficker could help ensure that those who are mere users are not arrested and receive different treatment.
New Law in the Chamber
In parallel to the trial in the STF, a Proposed Amendment to the Constitution (PEC) that defines possessing or possessing drugs, regardless of quantity, as a crime, is being processed in Congress. The project was approved by the Senate in April, and last week it also received the approval of the Constitution and Justice Committee (CCJ) of the Chamber of Deputies.
Analysis:
The decision by the Federal Supreme Court (STF) to decriminalize the possession of marijuana for personal use represents a significant milestone in drug policy in Brazil. Instead of treating the use of marijuana as a crime, the decision implies that it will be considered an administrative infraction, changing the legal approach.
Those that support the legalization claim that this measure can represent an important step in reducing the stigma associated with marijuana use and promoting more humane and effective public health policies. By clearly distinguishing between users and dealers, the ruling could help direct resources toward preventing and treating problematic drug use, rather than overwhelming the judicial system with cases of possession of small quantities.
For the human rights NGOs and associations, the STF’s decision could also have a significant impact on the Brazilian prison system, which suffers from overcrowding. This measure could help reduce the number of people arrested for possession of marijuana, who are often small users who end up incarcerated alongside more dangerous criminals. This distinction between users and traffickers can contribute to more equitable justice and reduce pressure on the prison system, allowing resources to be reallocated to the rehabilitation and reintegration of prisoners.
In parallel, the proposed amendment to the Constitution that aims to criminalize the possession of drugs regardless of quantity, currently being evaluated in Congress, presents a significant contrast with the STF decision. If approved, this amendment could clash with the decision decriminalized the possession of small quantities of marijuana.
