Brazil On The Brink Of Marijuana Decriminalization: Supreme Court To Decide Next Week

Brazil's Supreme Federal Court (STF) is debating the decriminalization of marijuana possession for personal use. The session, which began in 2015 and has faced multiple interruptions, has see diverse opinions among the justices.

Toffoli's Vote And Current Vote Count

Justice Dias Toffoli recently voted to maintain the criminalization of drug possession, arguing that the existing law already treats possession as an administrative offense rather than a criminal one. This vote left the count at 5 to 3 in favor of decriminalization, with Toffoli proposing a middle-ground approach. Toffoli also suggested that the responsibility for defining the quantity that differentiates a user from a trafficker should lie with the National Congress.

The judgment, which addresses the application of Article 28 of the Drug Law (Law 11.343/2006), will resume next week with the pending votes of Justices Cármen Lúcia and Luiz Fux. So far, five justices have voted in favor of decriminalization, highlighting the need to establish clear parameters to avoid subjectivity in law enforcement.

Public Demonstrations And Social Support

Days before this crucial session, tens of thousands gathered in São Paulo for the 15th edition of the Cannabis March, advocating for cannabis reform in Brazil. This event, part of a broader national movement, aimed to influence the STF's debate on decriminalization.

Under the theme “Anti-prohibitionism for Class Reasons – Reparation by Necessity,” organizers highlighted the social and racial injustices perpetuated by current drug laws.

Marijuana Decriminalization In Brazil: How Many Grams, How Many Plants?

During the STF session, Toffoli stated, "I am convinced that treating the user as a drug offender is not the best public policy for a social-democratic state of law." Despite considering Article 28 of the Drug Law constitutional, he criticized Brazil's repressive drug policies for failing to reduce drug consumption and increasing violence and prison overcrowding.

On the other hand, some justices, such as Gilmar Mendes, Luís Roberto Barroso, Alexandre de Moraes and Rosa Weber suggested that the limit for personal possession should be 60 grams of cannabis or six female plants. Edson Fachin, aligned with Toffoli, proposed that Congress define the quantity.

Impact And Future Of Cannabis Legislation

The STF's decision has significant implications for cannabis regulation in Brazil. A ruling in favor of decriminalization could pave the way for legislative changes and a more equitable application of drug laws. Meanwhile, the national movement for cannabis reform continues to gain momentum, reflecting a growing societal demand for justice and rational drug policies.

The debate continues, and the coming week will be crucial in determining the future of cannabis legislation in Brazil. The voices of advocates and judicial decisions will shape the path forward in one of the world's largest markets.

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