ADPF 187

Last updated
ADPF 187
Supreme Federal Court of Brazil.jpg
Court Supreme Federal Court
Full case nameADPF 187 (Prosecutor General v. President of the Republic)
DecidedJune 15, 2011 (2011-06-15)
Citation(s) Supreme Court of Brazil permitted the protests in favor of decriminalization of drugs in the country
Court membership
Judge(s) sittingPresident

Cezar Peluso

Justices

Case opinions
Decision byMello
ConcurrencePeluzo, Britto, Lúcia, Lewandowski, Gracie, Fux and Mello
Keywords

ADPF 187 (June 15, 2011), is a landmark Brazil Supreme Court case. The rapporteur Celso de Mello voted in favor of protests of decriminalization of drugs. [1] [2]

Contents

After of the decision of the Supreme Court, the people will not be penalized: [3]

High Court decision

Supreme Court of Brazil STF Plenario.jpg
Supreme Court of Brazil

Judiciary representation

Supreme Court members MinistersYesNo
Cezar Peluso 11
Ayres Britto 11
Cármen Lúcia 11
Ellen Gracie 11
Celso de Melo 11
Marco Aurélio Mello 11
Ricardo Lewandowski 11
Luiz Fux 11
Total08080

Legislative representation

Prosecutor General of the Republic ProsecutorYesNo
Roberto Gurgel 11
Total110

Executive representation

Attorney General of the Union Attorney GeneralYesNo
Luís Inácio Adams 11
Total110

Amici curiae

Amici curiae (Support for ADPF 187) (02)
Associação Brasileira de Estudos Sociais de Psicoativos – ABESUPInstituto Brasileiro de Ciências Criminais – IBCCRIM

See also

Related Research Articles

<span class="mw-page-title-main">Global Marijuana March</span> Annual rally

The Global Marijuana March (GMM), also referred to as the Million Marijuana March (MMM), is an annual rally held at different locations around the world on the first Saturday in May. A notable event in cannabis culture, it is associated with cannabis-themed events, which may include marches, meetings, rallies, raves, concerts, festivals, and attempts at educational outreach.

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

In the United States, the non-medical use of cannabis is legalized in 23 states and decriminalized in 8 states, as of May 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">Nelson Jobim</span>

Nelson Azevedo Jobim is a Brazilian jurist, politician and businessman. He held the positions as congressman, Minister of Justice, Minister of Defense, Minister of the Supreme Federal Court (STF), where he was also president between 2004 and 2006. He is currently a member of the Board of Directors and responsible for Institutional Relations and Compliance Policies at BTG Pactual Bank.

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

Drug liberalization is a drug policy process of decriminalizing or legalizing the use or sale of prohibited drugs. Variations of drug liberalization include: drug legalization, drug re-legalization 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.

In the early 21st century, advocacy for drug legalization has increased in Latin America. Spearheading the movement, the Uruguayan government announced in 2012 plans to legalize state-controlled sales of marijuana in order to fight drug-related crimes.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

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">Luís Roberto Barroso</span>

Luís Roberto Barroso is a Brazilian law professor, jurist, Justice of the Supreme Federal Court of Brazil, having been nominated to the position by President Dilma Rousseff in 2013, and, since 25 May 2020, Barroso has also served as President of the Superior Electoral Court.

<span class="mw-page-title-main">2014 Florida Amendment 2</span>

Florida Amendment 2, Use of Marijuana for Certain Medical Conditions, is an initiative that appeared on the November 4, 2014, ballot in the state of Florida as a citizen initiated state constitutional amendment.

<span class="mw-page-title-main">Cannabis in South Dakota</span> Legality, use and culture of cannabis in the U.S. state of South Dakota

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

<span class="mw-page-title-main">Cannabis in Nebraska</span> Legality, use and culture of cannabis in the U.S. state of Nebraska

Cannabis in Nebraska is fully illegal, but first offense for possession of small amounts was reduced to a civil infraction in 1979.

<span class="mw-page-title-main">Cannabis in New Mexico</span> Overview of the use and culture of cannabis in New Mexico, U.S.

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

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

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.

Cannabis in Georgia is legal in terms of its possession and consumption due to a ruling by the Constitutional Court of Georgia on 30 July 2018. This makes Georgia one of the first countries in the world to legalize cannabis for both recreational and medical use, and the only former-communist state in the world to do so.

<span class="mw-page-title-main">Legal history of cannabis in Canada</span> Aspect of history

The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.

This is an overview of the legality of ayahuasca by country. DMT, one of the active ingredients in ayahuasca, is classified as a Schedule I drug under the United Nations 1971 Convention on Psychotropic Substances, meaning that international trade in DMT is supposed to be closely monitored; use of DMT is supposed to be restricted to scientific research and medical use. Natural materials containing DMT, including ayahuasca, are not regulated under the 1971 Psychotropic Convention. The majority of the world's nations classify DMT as a scheduled drug; however, few countries seem to have laws specifically addressing the possession or use of ayahuasca.

During the administration of American President Jimmy Carter (1977–1981), the United States gave further consideration to the decriminalization of cannabis (marijuana), with the support of the president. However, law enforcement, conservative politicians, and grassroots parents' groups opposed this measure. The net result of the Carter administration was the continuation of the War on Drugs and restrictions on cannabis, while at the same time cannabis consumption in the United States reached historically high levels.

<span class="mw-page-title-main">Psilocybin decriminalization in the United States</span> Movement to decriminalize psilocybin in the United States

The movement to decriminalize psilocybin in the United States began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. The cities of Oakland and Santa Cruz, California, decriminalized psilocybin in June 2019 and January 2020, respectively. Washington, D.C., followed suit in November 2020, as did Somerville, Massachusetts, in January 2021, and then the neighboring Cambridge and Northampton in February 2021 and March 2021, respectively. Seattle, Washington, became the largest U.S. city on the growing list in October 2021. Detroit, Michigan, followed in November 2021.

<span class="mw-page-title-main">Cannabis policy of the Joe Biden administration</span> Overview of the cannabis policy of the Joe Biden administration

U.S. President Joe Biden stated in February 2021 that his administration will pursue cannabis decriminalization as well as seek expungements for people with prior cannabis convictions. It can still be found on his campaign website under sentencing reform. As of October 2022, Biden pardoned thousands of people convicted of marijuana possession under federal law. However, according to the Marshall Project, nobody was released from prison as a result of the October 2022 pardons.

References