The judges of the highest court of Brazil voted in favor of decriminalize the carrying of dope for personal usein a trial that began in 2015 and which has divided the polarized Brazilian society.
“A majority is formed” to decide “that carrying for personal consumption (of marijuana) constitutes an illicit action without a criminal nature,” summarized the president of the Supreme Federal Court (STF), Luis Roberto Barroso.
The majority was reached after the favorable vote of Judge José Antonio Dias Toffoli was announced. In the end, eight of a total of 11 STF judges ruled in favor and three against decriminalization.
Barroso specified, However, “the prohibition of consumption in public places” is maintained.
Although the penalties are light for consumers – providing community services or participating in an educational program – the law leaves it to the judges’ discretion to determine whether the bearer is a user or a trafficker. The latter must face harsh prison sentences.
Justice must follow this resolution when cases regarding marijuana possession are presented
The judges also debated in this process what amount of marijuana should be established to differentiate the user from the trafficker.
Although the majority of magistrates voted in favor of defining a limit for users, there were disagreements over the quantities, which range from 25 grams to 60 grams.
Once this process is concluded, all judicial instances must follow the solution adopted by the STF when judging cases regarding marijuana possession.
Conservative organizations are strongly opposed to decriminalizing drugs, and an initiative opposing the Supreme Court’s decision is advancing in parallel in Congress.
Thousands of people marched this month in Sao Paulo against this project and in favor of the decriminalization of cannabis.
In Brazil, marijuana for medical use also remains a sensitive issue and many patients have had to go to court to obtain the right to use the active ingredient cannabidiol, or CBD, to treat diseases such as epilepsy.
Source: Ambito
