Brazil's Supreme Court Votes to Decriminalize Marijuana for Personal Use

Brazil's Supreme Court has voted to decriminalise marijuana possession for personal use, marking a significant shift in the country's drug policy. This decision could potentially reduce Brazil's large prison population. The final votes were cast on Tuesday, with a majority of the 11 justices supporting decriminalisation since deliberations began in 2015.

The justices still need to decide on the maximum amount of marijuana that qualifies as personal use and when the ruling will take effect. This decision is expected by Wednesday. All justices who voted in favour agreed that decriminalisation should only apply to possession for personal use, while selling drugs remains illegal.

Impact on Prison Population

In 2006, Brazil's Congress passed a law aiming to penalise individuals caught with small amounts of drugs, including marijuana, with alternatives like community service. However, experts argue that the law was too vague and did not specify quantities to distinguish personal use from trafficking. Consequently, police continued arresting people with small amounts on trafficking charges, leading to an increase in the prison population.

Ilona Szabó, president of the Igarapé Institute, highlighted that most pre-trial detainees and those convicted of drug trafficking in Brazil are first-time offenders carrying small amounts of drugs. She noted, "The majority of pre-trial detainees and those convicted of drug trafficking in Brazil are first-time offenders, who carried small amounts of illicit substance with them, caught in routine police operations, unarmed and with no evidence of any relationship with organized crime."

Legislative Response

In response to the Supreme Court's deliberations, Congress has been advancing a proposal to tighten drug legislation. In April, the Senate approved a constitutional amendment criminalising possession of any quantity of illicit substances. The lower house's constitutional committee approved this proposal on June 12, and it must pass through at least one more committee before a floor vote.

If lawmakers pass this measure, it would take precedence over the Supreme Court's ruling but could still face constitutional challenges. Senate President Rodrigo Pacheco expressed his concerns about the court's role in this matter, stating, "There is an appropriate path for this discussion to move forward and that is the legislative process."

Current Legal Landscape

Last year, a Brazilian court allowed some patients to grow cannabis for medical treatment after the health regulator approved guidelines for medicinal cannabis products in 2019. Despite this progress, Brazil remains one of the few Latin American countries that have not decriminalised possession of small quantities of drugs for personal use.

Brazil's prison population is the third largest globally, behind only the U.S. and China. According to official data from December 2023, around 852,000 individuals were incarcerated in Brazil, with nearly 25% arrested for drug possession or trafficking. Critics argue that current laws lead to overcrowded jails where users caught with small amounts are often convicted on trafficking charges.

Cristiano Maronna from JUSTA pointed out that drug trafficking is a major cause of imprisonment in Brazil. He stated, "Today, trafficking is the main vector for imprisonment in Brazil." Black citizens are disproportionately represented in Brazilian jails, making up more than two-thirds of the prison population.

Regional Comparisons

In Latin America, several countries have taken different approaches to marijuana legislation. Uruguay fully legalised recreational marijuana use in 2013 and implemented it in 2017 under state control. Argentina's Supreme Court ruled in 2009 that penalising adults for consuming marijuana without harming others was unconstitutional. However, users are still arrested despite most cases being dismissed by judges.

Colombia decriminalised possession a decade ago but failed to pass a law regulating recreational use recently. Ecuador and Peru allow carrying small amounts but prohibit selling for recreational purposes. Venezuela maintains strict laws against both distribution and possession.

Chico Alencar, a leftist lawmaker, celebrated Brazil's Supreme Court ruling on X (formerly Twitter), stating: "An advance in drug policy in Brazil! This is an issue of public health, not security and incarceration."

Brazil's move towards decriminalisation aligns it more closely with other countries in the region that have adopted more lenient policies regarding marijuana possession for personal use.