Brazil’s Supreme Court Decriminalizes Marijuana Possession for Personal Use

At the same time, Brazil’s conservative Congress is working on a constitutional amendment to criminalize possession of marijuana in any quantity.

Brazil’s Supreme Court decided on Tuesday to decriminalize the possession of marijuana for personal use, by majority vote, undermining the already tense relationship with the Congress.

The decision does not legalize possession of small amounts for personal use, but it will no longer be treated as a crime. The Supreme Court hasn’t decided at what level—quantity or amount—to draw the line between dealers and users.

While the Supreme Court was analyzing the decriminalization, the Senate presented and approved a constitutional amendment criminalizing the possession of marijuana in any quantity. This bill is now in the lower house. In a broadly conservative Congress, the proposal was approved by the constitution and justice committee in a 47-17 vote 10 days ago.

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President of Senate, Rodrigo Pacheco, who is the author of the bill criminalizing personal use of drugs, slammed the Supreme Court decision. 

“I disagree with the decision, it can only be made through the legislative process,” he told journalists Tuesday evening.

Brazilian drug law states that it is a crime to buy, keep, transport or bring drugs for personal use, in this case with a light penalty. Each judge can decide what quantity or amount of marijuana is consistent with personal use or drug trafficking. According to top judges that vote in favor of the decriminalization, this perception reinforces bias, especially against poor and Black people.