Brazil’s Supreme Court voted to decriminalize marijuana possession for personal use, potentially reducing its massive prison population. Since 2015, a majority of the justices have supported decriminalization, but they must still decide on the maximum quantity allowed and the ruling’s implementation date. This decision positions Brazil among the last Latin American countries to move towards decriminalizing marijuana possession.
While possession for personal use will be decriminalized, selling drugs remains illegal. The current law, enacted in 2006, failed to specify quantities, leading to many arrests for small amounts and contributing to prison overcrowding. Experts argue that the vagueness of the 2006 law caused many individuals to be charged with trafficking despite carrying minor amounts for personal use.
The new policy aims to address this, but Congress is also pushing legislation to tighten drug laws, which could override the court’s decision. In April, the Senate approved a constitutional amendment criminalizing possession of any quantity of illicit substances. This proposal, if passed, could complicate the legal landscape regarding marijuana possession.
Critics argue that current laws unfairly target small-time users, often leading to their imprisonment on trafficking charges. Ilona Szabó, president of the Igarapé Institute, highlighted that many first-time offenders carrying small amounts are caught in routine police operations without any links to organized crime. This has led to a disproportionately high prison population in Brazil, now the third largest in the world.
As of December 2023, approximately 852,000 individuals were incarcerated in Brazil, with nearly 25% arrested for drug possession or trafficking. Brazilian jails are notoriously overcrowded, and Black citizens are disproportionately represented, accounting for over two-thirds of the prison population. A study by the Insper institute found that Black individuals are more likely to be indicted as traffickers than white individuals, even when found with similar quantities of drugs.
The Supreme Court’s ruling is seen as a significant step towards reform in a country struggling with one of the highest incarceration rates globally. Leftist lawmaker Chico Alencar hailed the decision as a public health advance rather than one of security and incarceration. However, some, like legal expert Gustavo Scandelari, believe the ruling may not bring significant changes, as the amount of marijuana will still be one of several factors determining whether someone is considered a user or a dealer.
Public opinion on the issue is divided. Some, like Rio de Janeiro resident Alexandro Trindade, argue that the Supreme Court is not the right venue for such decisions and that the matter should be decided by a plebiscite. Others believe both the Supreme Court and Congress have been disconnected from societal needs.
This ruling aligns Brazil with other Latin American countries where marijuana possession for personal use has been decriminalized or legalized to varying degrees. Uruguay fully legalized recreational marijuana in 2013, while Colombia decriminalized possession for personal use a decade ago, although selling it remains illegal. Argentina’s Supreme Court ruled in 2009 that penalizing an adult for consuming marijuana was unconstitutional, though the law has not yet changed, and arrests continue.
The Supreme Court’s decision follows a 2021 ruling allowing patients to grow cannabis for medical treatment, reflecting a slow but steady shift in Brazil’s drug policy. Despite these advances, activists and legal scholars continue to push for broader reforms to address the deep-seated issues within Brazil’s justice system.
The ongoing debate over marijuana decriminalization in Brazil highlights the broader struggle between progressive drug policies and conservative legislative efforts. As the country moves forward, the implementation and impact of the Supreme Court’s ruling will be closely watched by both national and international observers.