"Cannabis is not a priority for the government," says expert on regulation in Brazil

Amid the heated debates that marked the 4th edition of the Brazilian Congress on Medicinal Cannabis, held in May 2025 in São Paulo, lawyer Rafael Arcuri, executive director of the Conexão e Regulação Institute (ICR) and president of the National Industrial Hemp Association (ANC), outlined a direct and critical overview of the direction of cannabis regulation in Brazil.

With a strong view on the current political and legal landscape, Arcuri pointed out the contradictions of a government that presents itself as progressive but, according to him, has not yet prioritized the cannabis agenda. This is despite the growing prominence of the Judiciary on the issue.

Judicial Prominence and Executive Omission

The lawyer believes that, while essential at the current moment, the judiciary's role is very constant. "Today we have a very complicated political scenario, with a greater prominence than it should have from the Judiciary in its competencies, but which, in the current scenario, plays a fundamental role," he stated. 

Data released by the Superior Court of Justice (STJ) supports this assertion. Between 2018 and 2024, requests for habeas corpus for medicinal cannabis cultivation in the court increased an impressive 4,100%. While there were only two requests in 2018, the number jumped to 82 by May of this year.

The Promise of Cultivation Regulation

Another action led by the STJ regarding the topic was the determination that required the Government to draft regulations by September 30, 2025 on the medicinal cultivation of the plant. Arcuri warns that the measure depends on a complex inter-ministerial articulation and that there are still no guarantees of effectiveness.

The proposal should involve the ministries of Health, Justice and Public Security, Agriculture and Livestock, Agrarian Development and Family Agriculture, in addition to Anvisa. However, according to him, the political will of the Executive is weak. "The government today is progressive, left-wing, but already lacks the strength to approve its priority agendas. Cannabis is not a priority for the government today," he said.

Conservatives and Hemp: A New Parliamentary Perspective

If the scenario in the Executive and Judiciary is murky, in Parliament, Arcuri sees a turning point for the conservative right. "In the parliamentary field, the positive signals from the conservative right regarding the regulation of industrial hemp have been important. They understand that regulation is now 100% feasible and compatible with the country's current agribusiness," he declared.

Arcuri also cites the statement by federal deputy Pedro Lupion (PP-PR), president of the Parliamentary Front for Agriculture (FPA), in 2024. "I have no problem with agricultural production. What we do not accept is the production and release for narcotics," he said in an interview with Folha.

Check out the interview: