Cannabis in Brazil

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Marcha da Maconha, Brasilia, 2013 Marcha da Maconha (Brasilia 2013).jpg
Marcha da Maconha, Brasilia, 2013
Marcha da Maconha, Rio de Janeiro, 2014 Marijuana march Rio de Janeiro 2014 May 10 Brazil marcha maconha.jpg
Marcha da Maconha, Rio de Janeiro, 2014

Cannabis in Brazil is illegal but decriminalized, while possession and cultivation of personal amounts and for private use were de-penalized in 2006. [1] In 2024, Brazil's Supreme Court ruled that Brazilians can possess and transport up to 40 grams of cannabis for their own consumption. However, the sale continues to be considered a crime. [2] Use of cannabis medications is allowed for terminally ill patients or those who have exhausted other treatment options. It is also possible to import, manufacture and sell cannabis-based medicines. [3]

Contents

History

Cannabis was introduced to Brazil by the Portuguese colonists in the early 1800s. Their intent may have been to cultivate hemp fiber, but the slaves the Portuguese trafficked from Africa were familiar with cannabis and used it psychoactively, leading the Municipal Council of Rio de Janeiro in 1830 to prohibit bringing cannabis into the city, and punishing its use by any slave. [4]

Medical cannabis

Since 2015, cannabis medications greater than 0.2% THC can be prescribed for terminally ill patients or those who have exhausted other treatment options. Initially these medications could only be imported with special authorization from Anvisa, but in 2019 the rules were relaxed to allow pharmacy sales. Products less than 0.2% THC can be prescribed with less restriction. [5] [6]

In January 2017 Brazil issued its first license for a cannabis-based medicine, allowing sales of Mevatyl oral spray (internationally known as Sativex). [7]

In March 2020, the State of Pernambuco issued the first national license for the homemade planting of marijuana for medicinal purposes. [8]

Enforcement

Since 2006, public use of cannabis entails a warning, community service and education on the effects of drug use. The same measures apply to public use of any illegal drug. [1] However, there are reports[ failed verification ] of municipal guards applying extrajudicial punishment to civilian use of cannabis. [9]

Selling, transportation, and trafficking of drugs are considered criminal acts and are punished with 5 to 15 years in prison and a significant fine. [10]

In June 2024, the Supreme Federal Court decriminalized the possession of up to 40 g (1.4 oz) or up to 6 female plants. In practice, the Article 28 of the Drugs Law (Law no. 11343/2006) was ruled unconstitutional, converting penalties of prosecution and prison into an administrative offense. [11] [12]

Related Research Articles

<span class="mw-page-title-main">Medical cannabis</span> Cannabis sativa L. (marijuana; hemp) used medicinally

Medical cannabis, medicinal cannabis or medical marijuana (MMJ) refers to cannabis products and cannabinoid molecules that are prescribed by physicians for their patients. The use of cannabis as medicine has a long history, but has not been as rigorously tested as other medicinal plants due to legal and governmental restrictions, resulting in limited clinical research to define the safety and efficacy of using cannabis to treat diseases.

<span class="mw-page-title-main">Removal of cannabis from Schedule I of the Controlled Substances Act</span> Proposed changes to the legal status of cannabis in U.S. federal law

In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, the U.S. Department of Justice initiated 2024 rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act. The majority of 2024 public comments supported descheduling, decriminalizing, or legalizing marijuana at the federal level.

<span class="mw-page-title-main">Cannabis (drug)</span> Psychoactive drug from the cannabis plant

Cannabis, commonly known as marijuana, weed, and pot, among other names, is a non-chemically uniform drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various traditional medicines for centuries. Tetrahydrocannabinol (THC) is the main psychoactive component of cannabis, which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, such as cannabidiol (CBD). Cannabis can be used by smoking, vaporizing, within food, or as an extract.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span>

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Legality of cannabis by U.S. jurisdiction</span>

In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Uruguay</span>

Cannabis is legal in Uruguay, and is one of the most widely used drugs in the nation.

<span class="mw-page-title-main">Cannabis in Georgia (U.S. state)</span>

Cannabis in Georgia is illegal for recreational use, but decriminalized in the cities of Atlanta, Savannah, Macon, Athens, and others. Limited medical use is allowed in the form of cannabis oil containing less than 5% THC.

<span class="mw-page-title-main">Cannabis in Virginia</span>

Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.

<span class="mw-page-title-main">Cannabis in Texas</span>

Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.

<span class="mw-page-title-main">Cannabis in Missouri</span>

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

<span class="mw-page-title-main">Cannabis in Ohio</span>

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023. The first licensed sales started on August 6, 2024. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Israel</span>

The possession, use, and distribution of cannabis without a license in the State of Israel are violations under the Dangerous Drugs Ordinance. A decade ago, despite these regulations, enforcement was relatively lax, partially influenced by a political movement advocating tolerance. Over the years, the enforcement approach has progressively become more lenient. As of 2021, cannabis use has been fully decriminalized, with it being treated as an administrative infraction primarily when used in highly visible public places. There is a possibility that cannabis may be legalized for recreational use by adults aged 21 and older in the future, with regulations akin to those for alcohol. Public and cross-party political support for the complete decriminalization of cannabis increased in the 2010s with increasing usage for both medical and recreational purposes, and the establishment of a political party primarily devoted to this cause; on July 19, 2018, the Knesset approved a bill for decriminalization, although the supporters of recreational cannabis use insisted that this did not represent complete decriminalization. The law came into effect on April 1, 2019. On June 25, 2020, further legislation designed to decriminalize possession of up to 50 grams of cannabis began its passage through the Knesset.

<span class="mw-page-title-main">Cannabis in Romania</span>

Cannabis in Romania is illegal for recreational and for medical use. Although it was technically legalized for medical use in 2013, it has not been eliminated from the Table I of High Risk Drugs, and as such its use is prohibited.

<span class="mw-page-title-main">Cannabis in Mexico</span>

Cannabis in Mexico is legal for both recreational and medicinal purposes. It became legal for recreational purposes in June 2021, upon application and issuance of a permit from the health secretariat, COFEPRIS. On 29 June 2021, the Supreme Court of Mexico decriminalized the recreational use of cannabis. President Andrés Manuel López Obrador signed a bill that allows adults 18 and over to possess up to 28 grams of cannabis and grow up to six marijuana plants on their property.

The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.

In the Church of Jesus Christ of Latter-day Saints, there is a general prohibition, deriving from the Word of Wisdom, against intoxicating substances; cannabis was explicitly banned by the church in 1915. The church has also sought to influence "appropriate" legal resolutions on medical cannabis.

<i>RE 635659</i> Ongoing case of the Supreme Court of Brazil

RE 635.659 was a case of the Supreme Court of Brazil concerning the decriminalization of drugs for personal use. The case's rapporteur, Gilmar Mendes, cast the initial vote in favor of decriminalization, and the majority of the Court agreed to decriminalize cannabis.

References

  1. 1 2 Professor Anita Kalunta-Crumpton (28 June 2015). Pan-African Issues in Drugs and Drug Control: An International Perspective. Ashgate Publishing, Ltd. pp. 242–. ISBN   978-1-4724-2214-9.
  2. Nicas, Jack; Ionova, Ana (26 June 2024). "Brazil Becomes the Largest Nation to Decriminalize Marijuana" . The New York Times . ISSN   0362-4331. Archived from the original on 26 June 2024. Retrieved 27 June 2024.
  3. "Cannabis law and legislation in Brazil | CMS Expert Guides". cms.law. Retrieved 8 July 2022.
  4. Robert Clarke; Mark Merlin (1 September 2013). Cannabis: Evolution and Ethnobotany. University of California Press. pp. 182–. ISBN   978-0-520-95457-1.
  5. Ponieman, Natan (3 December 2019). "Brazil Regulates Sale Of Medical Marijuana Products". Benzinga. Retrieved 9 December 2019.
  6. "Brazil approves sale of medical cannabis in pharmacies". France 24. Agence France-Presse. 3 December 2019. Retrieved 9 December 2019.
  7. Federowski, Bruno (16 January 2017). "Brazil issues first license for sale of a cannabis-based drug". Reuters. Retrieved 11 February 2017.
  8. Diário de Pernambuco (27 March 2020). "Defensoria consegue primeira autorização definitiva para plantio de maconha em PE". Diário de Pernambuco. Retrieved 27 March 2020.
  9. Rezende, Graziela (5 March 2015). "Polícia analisa vídeo de adolescentes obrigados a comer maconha em MS (in portuguese)" [Police analyze video of teenagers forced to eat marijuana in MS] (in Portuguese). G1.
  10. Law 11.343, planalto.gov.br
  11. Coutinho, Mateus (26 June 2024). "Supremo define 40 gramas de maconha para diferenciar usuário de traficante". UOL Notícias (in Brazilian Portuguese). Retrieved 27 June 2024.
  12. Fernandes, Leonardo (25 June 2024). "Saiba o que muda com a descriminalização do uso de maconha pelo STF". Brasil de Fato (in Brazilian Portuguese). Retrieved 27 June 2024.