Brazil: Market and legal data analysis of the cannabis sector

17th April 2024: Brazil: The Senate’s plenary has approved an amendment to the Constitution that would declare possession of cannabis and other drugs a crime, regardless of the amount. In the first round of voting, the score was 53 votes in favour and 9 against, and in the second, 52 votes in favour and 9 against. The amendment will now go to the Chamber of Deputies for discussion.
14th March 2024: Brazil: The Senate's Constitution and Justice Committee has approved an amendment to the Constitution to declare possession of cannabis and other drugs a crime. The amendment will now be submitted to the Senate's plenary for voting. At the same time, the federal Supreme Court is currently analysing the decision to decriminalise cannabis possession.
11th March 2024: Brazil: Following the Federal Supreme Court's postponement of the decision to decriminalise cannabis possession, the Senate has said that the amendment of the Constitution to declare possession of cannabis a crime, regardless of the quantity, will be voted on by the House Constitution and Justice Committee on Wednesday (13th March), press reports. "Personally, I'm against decriminalisation. I don't see any benefit for public safety or health," said Alessandro Vieira, one of the members of the Senate's Commission.
7th March 2024: Brazil: Yesterday (6th March) the Federal Supreme Court resumed its deliberations on the decriminalisation of cannabis possession. One more judge voted against decriminalisation, leaving 5 judges in favour and 3 against, out of a total of 11 judges. Another judge asked for more time to consider the case, and the court postponed its decision. No date has been set to resume the hearing. The case has been before the court since 2011.
4th March 2024: Brazil: The Federal Supreme Court will resume its deliberations on the decriminalisation of drug possession on 6th March. Five out of 11 judges have already voted in favour of decriminalising cannabis possession, while one judge dissented. The case has been before the court since 2011.
4th March 2024: Brazil: The Superior Court of Justice has scheduled a public hearing on 25th April to discuss the granting of authorisations to import and cultivate cannabis for medicinal, pharmaceutical or industrial use. In March 2023, the court suspended all lawsuits in the country that were related to this matter. The court will make a decision after the public hearing and the decision will be binding on all lower courts.
20th December 2023: Brazil: In an event with the industry, one of the National Public Health Surveillance Agency (Anvisa)'s representatives, João Paulo Perfeito, said that the range of permitted medical cannabis products will be expanded, press reports. This could include products such as gums and ointments. Currently, only extracts and medicinal oils have been approved by the agency.
28th November 2023: Brazil: The Participatory Legislation Commission of the Chamber of Deputies – a committee that receives proposals from associations and organised civil society, with the exception of political parties – will hold a public hearing tomorrow (29th November) to discuss the regulation of medical cannabis and hemp cultivation. A proposal to legalise medical and industrial cannabis has been pending in the Chamber of Deputies since 2021.
17th November 2023: Brazil: Senator Mara Gabrilli from the governing Social Democratic Party, which has the most seats in the Senate, has introduced a bill to legalise the cultivation, production, import, export, sale, control, dispensing and use of cannabis products for medicinal purposes – for both human and veterinary use. The proposed legislation would also apply to industrial hemp and its products. It is still uncertain whether the bill will have enough support to be passed. Other bills on similar topics are being analysed by the Senate.
23rd October 2023: Brazil: Tomorrow (24th October), the National Integration and Regional Development Committee of the Chamber of Deputies will discuss the production chain of cannabis for medical purposes as a way to diversify the income of farming families. The debate was proposed by a deputy from the governing Labour Party (PTB). A proposal to legalise medical and industrial cannabis has been pending in the Chamber of Deputies since 2021.
25th August 2023: Brazil: Yesterday (24th August) the Federal Supreme Court resumed its deliberations on the decriminalisation of drug possession. Two more judges have announced their decisions, making it now 5 votes in favour of decriminalising possession of only cannabis and 1 against, out of a total of 11 judges. Another judge asked for more time to review the case, and the court postponed the ruling. No date has been set for when the ruling will resume. The case has been under consideration by the court since 2011.

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