Between COP30 and plenary, Chamber postpones decision on medicinal cannabis

While attention is focused on the 30th UN Climate Conference (COP30) in Belém (PA), the Chamber of Deputies held its plenary session this Tuesday (11). On the agenda, was Appeal No. 29, of 2021, which contests the conclusive appreciation of PL 399/2015. The vote on this appeal was postponed.

The bill seeks to amend Law No. 11,343/2006 to enable the commercialization of medications containing extracts or parts of the Cannabis sativa plant. 

Deputy Ricardo Galvão (REDE-SP), in preparation for the next meeting, declared himself in favor of the medicinal use of cannabis. He stated that the prohibition of the plant arose from a “fear of the use of the whole plant.” Galvão also recalled the return of scientific interest in the medicinal use of cannabis in the 1960s and 1970s, citing researchers Raphael Mechoulam and Elisaldo Carlini as references.

The parliamentarian also mentioned the regulation of cannabis cultivation, the deadline for which has been postponed to March 2025, and emphasized that PL 399 “should be discussed in Congress.”

This Tuesday's (11) plenary session included 380 of the 513 deputies and approved the urgency of six other proposals. Urgent projects can be voted on in the Plenary without going through the committees.

What defines the Appeal of PL 399/2015?

PL 399/2015 is authored by former deputy and current governor of the State of Sergipe, Fábio Mitidieri (PSD). It amends the Drug Law to regulate cannabis-based medications, under the supervision of Anvisa. The text also provides for public authority authorization for cannabis cultivation in Brazil, strictly for medicinal and industrial purposes.

In 2021, the proposal was approved by a special committee of the Chamber in a conclusive manner. This legislative procedure dispenses with a vote in the plenary, sending the text directly to the Senate. However, Appeal (REC) 29/2021, presented at the time by former deputy Diego Garcia (Podemos-PR), contests exactly this procedure. The argument is that the complexity of PL 399/2015 requires a vote by all 513 deputies - which did not occur this afternoon.

Last week, Deputy Eduardo Suplicy (PT-SP), one of the main advocates of the agenda, expressed himself on social media asking for the postponement of the vote on the appeal. The reason, according to the deputy, was to ensure the presence of parliamentarians participating in COP30.

The appeal of PL 399/2015 remained on the table during the session. If the plenary approves the appeal in a future vote, the project will be required to undergo a general vote in the Chamber. If the appeal is rejected, the committee's decision is validated and PL 399/2015 advances to the Senate.