Brazil - June 2024

On 25 June, Brazil's Supreme Court (STF) decriminalised the possession of up to 40 grams of marijuana for personal use, completing a legal process that began in 2015. The decision characterizes marijuana possession as an illicit act, but without criminal penalties, and sets a limit of 40 grams or six cannabis plants for personal cultivation. Previous legislation relied on judges, prosecutors, and police to define the quantity that would differentiate a consumer from a trafficker. Such decision-making often led to a racial bias where white and Black individuals with the same amount of drugs were characterized differently. The ruling has general effects for all cases within the Brazilian judiciary, providing thousands of individuals, many of whom are Black and poor and have been disproportionately affected by previous regulations, with an opportunity to appeal their sentences. The decision aims to address the country's overcrowded prison system, which has seen its population triple since 2000, and to reduce racial and economic biases in law enforcement.  The decision has been criticised in Brazil’s Congress for its content and for the manner in which it was approved which was seen as a overreach of the STF.

Sources:  El Pais, Le Monde, Brasil de fato, Pagina 12, Globo, Camara dos deputados Brazil