Cannabis Law: Beyond Habeas Corpus for Cultivation

Last week, Argentine Juan Palomino obtained a safe conduct to enter Brazil and transport cannabis-based products. With trips scheduled for January 22 and February 2, Palomino will be able to travel 5 million mk with 25g of raw cannabis and 30g of cannabis oil, totaling 55g — an amount that exceeds the 40g limit established by the Brazilian Supreme Federal Court (STF) in RE 635,659, which distinguishes between user and trafficking.

Palomino's achievement was one of the examples illustrating the evolution of cannabis law beyond the traditional Habeas Corpus for cultivation. Murilo Nicolau, one of the lawyers involved in the case, explains that "the decision follows the same logic as the safe conduct for cannabis cultivation, but here we address the transportation of cannabis for medicinal use, avoiding the Federal Police from interpreting the situation as international trafficking".

Cannabis law, which initially gained prominence through Habeas Corpus for cultivation, is now expanding into new fields. “For those within the sector, it seems very large, developed, but the truth is that it is still growing and has a lot of 'blank pages' to be filled,” says Nicolau.

New possibilities for 2025

As predicted by lawyers Clayton and Murilo, 2025 will bring possibilities beyond Habeas Corpus, with a focus more on the business side. Regulation of industrial cannabis and the growth of the cannabis market in Brazil open doors for lawyers dealing with business issues, such as company formation, contracts, compliance, and regulation.

Lawyers working in international trade will also stand out, assisting companies in the regulatory process of exporting and importing products, respecting the laws of the destination and origin countries.

Political law is also a growing field. Lawyers specialized in public policies work on the decriminalization and regulation of cannabis, helping to shape the market for both medicinal use and the debate on adult use of the plant.

In the medical field, lawyers deal with issues involving the regulation of medicinal cannabis use, protecting patients' rights to access and guiding healthcare professionals on the legal implications of prescriptions.

Engagement on social networks

Another expanding field is the engagement of cannabis lawyers on social networks. Recently, Meta, the parent company of Facebook and Instagram, imposed new restrictions on moderating cannabis-related content. This created a demand for specialized lawyers to deal with censorship and rights violations.

Clayton Medeiros, a cannabis lawyer, obtained an injunction that restored, within 24 hours, the account of a terpene company on Instagram, affected by these restrictions. “Meta violates fundamental rights such as freedom of expression,” says Medeiros, mentioning the decision of ADPF 187 by the STF, which guarantees the right to discuss cannabis and drug policy.

Training for the cannabis sector

To meet this growing demand, Clayton Medeiros, Murilo Nicolau, and Natan Duek have launched the course "Green Advocacy", specific to cannabis law. Scheduled to start on January 28, 2025, the course will consist of three modules and will feature approximately 15 hours of content.

During a series of three live sessions on Instagram, the lawyers discussed topics such as criminal defense in cases related to Drug Law, opportunities in the cannabis market, and censorship on social networks.

According to them, the course emerges as an opportunity for lawyers interested in entering the sector, especially with the changes expected in the coming years. "When I started, I wanted to talk about cannabis, not criminal proceedings. Habeas Corpus for cultivation was the only way to be in the field, but in 2025, new doors should be opened," comments Nicolau.

The Future of Habeas Corpus

Although new areas are emerging, Habeas Corpus for cultivation remains relevant. However, with a possible broader legalization, Clayton Medeiros warns that “the need for Habeas Corpus may decrease, but it will still be essential for some time.” The action requires preparation and legal knowledge, being an important tool in the current scenario.