Since 2011, the Federal Senate and the Chamber of Deputies have been discussing changes to drug public policies in Brazil, especially regarding marijuana. There are eight projects or matters in the Senate on the topic, plus 13 in the Chamber, in addition to other actions, totaling over 20 proposals. Medicinal cannabis, on the other hand, only entered the debate starting in 2014, when Anvisa (the Brazilian Health Regulatory Agency) began authorizing the import of plant-based medicines. However, neither legislative house has approved any changes to the Law during this period.

In the Senate, two Public Hearings on the legalization of medicinal cannabis have already been held. The first was in June 2018, in the Social Affairs Committee, to discuss a bill by former Senator Marta Suplicy for the cultivation of cannabis for personal therapeutic use: however, the project has not seen any further movement since then.

More recently, however, in July of this year, another hearing took place in the Human Rights Committee. It was there that, on September 26th, SUG 06/2016 was approved, which proposes a regulatory standard for medicinal marijuana and industrial hemp in Brazil. The text will become a Bill as soon as it reaches the Board of Directors.

In the Chamber, the most advanced project is authored by Congressman Fábio Mitidieri (PSD-SE), which enables the commercialization of medicines containing extracts, substrates, or parts of the Cannabis plant. There is even a committee created to issue an opinion on the Bill, awaiting composition to begin its work.

Check out the proposals presented in both legislative houses below.

Proposals in the Senate

Bill n° 5158, of 2019

Author: Senator Eduardo Girão (PODEMOS/CE) Subject: Amends Law nº 8,080, of September 19, 1990, which provides for the conditions for the promotion, protection, and recovery of health, the organization and operation of the corresponding services, and takes other measures, to obligate the Unified Health System to provide medicines containing cannabidiol as the sole active ingredient. Last location: 09/30/2019 – Plenary of the Federal Senate

Bill n° 4776, of 2019

Author: Senator Flávio Arns (REDE/PR) Subject: Provides for the use of the Cannabis spp. plant for medicinal purposes and for the production, control, inspection, prescription, dispensing, and import of medicines based on Cannabis spp., its derivatives, and synthetic analogs. Last location: 09/10/2019 – Social Affairs Committee

Senate Bill n° 514, of 2017

Author: Human Rights and Participatory Legislation Committee Subject: Amends art. 28 of Law nº 11,343, of August 23, 2006, to decriminalize the cultivation of cannabis sativa for personal therapeutic use. Last location: 04/23/2019 – Constitution, Justice and Citizenship Committee (Support Secretariat of the Constitution, Justice and Citizenship Committee)

Suggestion n° 34, of 2019

Author: e-Citizenship Program Subject: To not constitute a crime the trade of seeds for Cannabis cultivation Last location: 08/06/2019 – Human Rights and Participatory Legislation Committee

Suggestion n° 22, of 2018

Author: e-Citizenship Program Subject: Release for the home cultivation of cannabis as a way to combat trafficking. Last location: 02/19/2019 – Human Rights and Participatory Legislation Committee

Suggestion n° 25, of 2017

Author: e-Citizenship Program Subject: Decriminalization of cannabis cultivation for personal use Last location: 12/19/2017 – Plenary of the Federal Senate (Minutes and Records Secretariat)

Suggestion n° 13, of 2017

Author: Cannabis Institute Subject: Provides for the consumption of narcotic and/or psychotropic substances of prohibited use, as well as the health and social protection of people who consume such substances without a medical prescription, and takes other measures. Rejected by Committee in a final decision (art. 91, § 5º, of the RISF)

Suggestion n° 6, of 2016

Author: Brazilian Network for Harm Reduction and Human Rights (REDUC) Proposes a comprehensive regulatory standard for medicinal marijuana and industrial hemp in Brazil. Last location: 09/30/2019 – Human Rights and Participatory Legislation Committee

Proposals in the Chamber of Deputies

Bill 1133/2019

Author: Pastor Eurico – PATRI/PE Subject: Amends Law nº 9,394, of December 20, 1996, which establishes the guidelines and bases of national education – LDB, to include the topic "awareness of the harms of marijuana" in the school curriculum. Status: Appended to Bill 434/1999

Bill 399/2015

Author: Fábio Mitidieri – PSD/SE Subject: Amends art. 2º of Law nº 11,343, of August 23, 2006, to enable the commercialization of medicines containing extracts, substrates, or parts of the Cannabis sativa plant in their formulation. Status: Awaiting Installation of a Temporary Committee

Bill 4565/2019

Author: Alexandre Padilha – PT/SP Subject: Updates Law nº 11,343, of August 23, 2006, and takes other measures (considers a unit relative to an individual dose of THC (cannabis) to be 1 gram). Status: Awaiting Rapporteur's Opinion in the Social Security and Family Committee (CSSF)

Bill 10549/2018

Author: Paulo Teixeira – PT/SP Subject: Regulates the control, inspection, and regulation of the use of "cannabis" and its derivatives, and takes other measures. Status: Appended to Bill 7270/2014

Bill 5090/2016

Author: Onyx Lorenzoni – DEM/RS Subject: Rewrites article 28 of Law nº 11,343, of August 23, 2006, typifying the conduct of prohibiting the import for personal consumption of drugs without authorization or in disagreement with legal or regulatory determination. Status: Appended to Bill 7187/2014

Bill 4803/2016

Author: Laudivio Carvalho – SD/MG Subject: Amends § 4 of article 33 of Law 11,343, of August 23, 2006, which establishes the National System of Public Policies on Drugs – Sisnad; prescribes measures for the prevention of improper use, care, and social reintegration of drug users and dependents; establishes rules for the repression of unauthorized production and illicit drug trafficking; defines crimes and takes other measures. Status: Appended to Bill 3635/2015

Bill 7270/2014

Author: Jean Wyllys – PSOL/RJ Subject: Regulates the production, industrialization, and commercialization of Cannabis, derivatives, and Cannabis products, provides for the National System of Public Policies on Drugs, creates the National Council for Advisory, Research, and Evaluation for Drug Policies, amends Laws nºs 11,343, of August 23, 2006, 8,072, of July 25, 1990, and 9,294, of July 15, 1999, and takes other measures. Status: Appended to Bill 7187/2014

Bill 7187/2014

Author: Eurico Júnior – PV/RJ Subject: Provides for the control, planting, cultivation, harvesting, production, acquisition, storage, commercialization, and distribution of marijuana (cannabis sativa) and its derivatives, and takes other measures. Status: Awaiting Creation of a Temporary Committee by the BOARD

Bill 399/2015

Author: Fábio Mitidieri – PSD/SE Subject: Amends art. 2º of Law nº 11,343, of August 23, 2006, to enable the commercialization of medicines containing extracts, substrates, or parts of the Cannabis sativa plant in their formulation. Status: Awaiting Installation of a Temporary Committee

Bill 1571/2015

Author: Fábio Ramalho – PV/MG Subject: Amends art. 33 of Law nº 11,343, of August 23, 2006, which "establishes the National System of Public Policies on Drugs – SISNAD; prescribes measures for the prevention of improper use, care, and social reintegration of drug users and dependents; establishes rules for the repression of unauthorized production and illicit drug trafficking; defines crimes and takes other measures." Status: Appended to Bill 7187/2014

Bill 158/2015 Author: Roberto de Lucena – PV/SP Subject: Amends Law nº 11,343 of August 23, 2006, which establishes the National System of Public Policies on Drugs – Sisnad; prescribes measures for the prevention of improper use, care, and social reintegration of drug users and dependents; establishes rules for the repression of unauthorized production and illicit drug trafficking; defines crimes and takes other measures, to exclude the requirement of judicial authorization and the presence of the Public Prosecutor's Office, to consider marijuana, cocaine, crack, and ecstasy as illicit drugs, not subject to release for consumption. Status: Appended to Bill 7187/2014

Bill 7869/2014 Author: Eliene Lima – PSD/MT Subject: Adds § 2º to art. 2º of Law nº 11,343 of August 23, 2006, to allow the exceptional import of drugs not registered in the country (among them, cannabis derivatives). Status: Archived

Bill 5006/2013 Author: Onyx Lorenzoni – DEM/RS Subject: Amends Law nº 9,503, of September 23, 1997, giving a new wording to arts. 165, 262, 276, 277, and 306, in order to extend the effects of the provisions to drivers of motor vehicles who drive under the influence of substances that alter cognitive, motor, and sensory capacity and whose production, commercialization, and consumption are prohibited by law. Status: Appended to Bill 308/2007