The majority of Supreme Court ministers decided on Friday to maintain the Court’s decision that decriminalized the possession of marijuana for personal use and set the amount of 40 grams to differentiate users from traffickers. The Supreme Court is considering appeals filed by the Public Defender’s Office and the Public Prosecutor’s Office of São Paulo to clarify the outcome of the judgment finalized in July last year. So far, eight ministers have followed the vote of the rapporteur, Minister Gilmar Mendes.
Last week, at the beginning of the virtual trial, the rapporteur voted to reject the appeals. In addition to Mendes, Ministers Alexandre de Moraes, Cármen Lúcia, Flávio Dino, Edson Fachin, André Mendonça, Luiz Fux, and Cristiano Zanin voted in the same direction. The virtual deliberation will end at 11:59 pm.
The Supreme Court’s decision does not legalize marijuana possession. The carrying for personal use remains an illicit behavior, meaning it is still prohibited to smoke the drug in public places. The Supreme Court judged the constitutionality of Article 28 of the Drug Law (Law 11,343/2006). To differentiate users from traffickers, the norm provides alternative penalties such as community service, warnings about the effects of drugs, and mandatory attendance at educational courses.
The Court upheld the validity of the norm but understood that the consequences are administrative, eliminating the possibility of performing community service. Warnings and mandatory attendance at educational courses were maintained and must be applied by the justice system in administrative procedures, without criminal repercussions.