The Supreme Federal Court (STF) made a historic decision this Wednesday (26), by defining that the possession of up to 40 grams of marijuana or the cultivation of up to six female plants constitutes personal use and not trafficking. This measure has the potential to redefine the judiciary's approach to drug possession, aligning with international models.

This means that individuals will no longer be criminally prosecuted for carrying this amount, eliminating the possibility of criminal sanctions and criminal records for marijuana use within these limits.

Drug trafficking

Despite the decriminalization of possession for personal use, the criminalization of drug trafficking remains intact. The STF decision establishes that, even with quantities less than 40 grams, circumstances indicating trafficking, such as divided packaging, precision scales, or weapons, may still result in criminal trafficking charges.

Consumption in public places

The consumption of marijuana in public places, such as streets and parks, will continue to be prohibited. However, this prohibition will not lead to criminal proceedings. Authorities may impose administrative sanctions, such as warnings or participation in drug awareness programs, but individuals will not lose their status as first-time offenders.

Administrative sanctions

Those caught carrying up to 40 grams of marijuana will be taken to the police station, where they will receive administrative sanctions, such as fines, warnings, or drug awareness courses. This referral will not result in imprisonment or criminal records.

Validity of the decision

The STF decision takes effect immediately upon publication and will be valid until the National Congress establishes new legislation on the subject. This judicial intervention creates a temporary regulatory framework, awaiting definitive regulation by the legislature.

By revisiting the judgment on the decriminalization of drug possession, the STF addresses a central issue of the Brazilian penal system. Minister Dias Toffoli, who supported decriminalization, emphasized that quantification alone does not solve racial and social inequalities in incarceration, but represents progress in reducing arrests for small amounts of drugs.