South America: Market and legal data for the cannabis sector

27th June 2024: Brazil: Following the Federal Supreme Court's decision to decriminalise cannabis possession, the judges have decided that a person possessing or storing 40 g of cannabis or six female plants will be presumed to be a cannabis user until the National Congress legislates on the matter. The decision states that the presumption of possession or storage is relative, meaning that, depending on the situation, it will be up to the police to decide whether the situation qualifies as drug trafficking.
26th June 2024: Brazil: The Federal Supreme Court has resumed its deliberations on the decriminalisation of cannabis possession. One judge, who was undecided last week, added to his vote by saying that his vote was “clear that no user of any drug can be criminalised”, forming a majority for decriminalisation of possession. The judges will now have to define the criteria for distinguishing users from dealers. The president of the court signalled that there could be a consensus among the judges at an average of 40 g.
21st June 2024: Brazil: The Federal Supreme Court has resumed its deliberations on the decriminalisation of cannabis possession. One more judge has voted, but his vote was not decisive. He did not give his opinion on the decriminalisation of possession and said the sanctions foreseen in the law are not criminal but administrative. The result, therefore, is still 5 judges in favour and 3 against, out of a total of 11 judges. The hearing is scheduled to resume on 25th June. The case has been before the court since 2011.
13th June 2024: Brazil: Following the Senate’s approval, the Chamber of Deputies’ Constitution and Justice Committee approved a constitutional amendment that would make possession of cannabis and other drugs a crime, regardless of the amount. The amendment will now go through another commission before going to the Chamber of Deputies’ plenary.
3rd June 2024: Brazil: João Paulo Perfeito, manager of medicines and herbal medicines at the National Health Surveillance Agency (Anvisa), said during an event that the review of resolution 327 – which allows the marketing, prescription and selling of cannabis products for medical purposes – will maintain the same regulatory scenario as in 2019. This means the expansion of the pathologies and the variety of available medicines with a THC limit of more than 0.2% will not happen. “Despite the progress made in recent years, the 2019 scenario remains, indicating a situation of scientific evidence confirming limited efficacy for a large number of clinical conditions,” Perfeito said.
16th May 2024: Brazil: The National Health Surveillance Agency (Anvisa) has approved the Regulatory Impact Analysis Report on medical cannabis products. The report supports the maintenance of the current authorisation method set in Resolution of the Collective Board (RDC) 327/2019 for medical products and identifies improvements to the regulation. These improvements include the development of measures to expand access to medical products in terms of cost, quality and availability. The next steps in the review of RDC 327/2019 are yet to be determined, but at this stage there are no proposed changes to the regulation.
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.

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