news Brazil's Federal Court decriminalizes possession of marijuana for personal use

June 25

Brazil's Supreme Court moves toward decriminalizing possession of marijuana for personal use

https://apnews.com/article/brazil-decriminalize-marijuana-personal-use-2ea6a00be557553df8f45676d960f141

RIO DE JANEIRO (AP) — Brazil's Supreme Court on Tuesday moved toward decriminalizing possession of marijuana for personal use, which would make Brazil one of the last countries in Latin America to do so and could reduce its massive prison population.

José Antonio Dias Toffoli said Tuesday that he is in favor of decriminalization, joining five other justices who voted that way since deliberations began in 2015. That establishes a majority on the 11-person court. The last two justices to vote must do so before the ruling is final, and they were expected to do so soon.

The justices must also determine the maximum quantity of marijuana that would be characterized as being for personal use and when the ruling will enter into effect. How long it will take them to do so remains unclear.

Justice Rosa Weber said in August that consideration of more than 7,700 similar cases before lower courts had been suspended in anticipation of a Supreme Court decision.

In casting his vote last Thursday over the course of hours, Toffoli portrayed his position as a middle ground between supporting and opposing decriminalization. At the start of Tuesday's session, he clarified that his vote should be interpreted as being in favor.

"There are already six votes, including mine, for decriminalization. But I cannot avoid making this alert: This does not solve the problem" of drug trafficking, he said.

All the justices who have voted in favor said decriminalization should be restricted to possession of marijuana in amounts suitable for personal use. Selling drugs will remain illegal.

In 2006, Brazil's Congress approved a law that sought to punish individuals caught carrying small amounts of drugs, including marijuana, with alternative penalties such as community service. Experts say the law was too vague and didn't establish a specific quantity to help law enforcement and judges differentiate personal use from drug trafficking.