STJ Minister sets final deadline for regulation of cannabis cultivation: March 2026

During the trial of the First Section of the Superior Court of Justice (STJ), held this Thursday (6), Minister Regina Helena Costa voted to extend the deadline for the regulation of cannabis cultivation in Brazil, within the scope of the Incident of Assumption of Competence (IAC 16).

The decision grants an additional 180 days for Anvisa and the competent ministries to complete the stages of the action plan previously defined by the Court, extending the final deadline until March 31, 2026.

Justifying the vote, the minister stated that the implementation process "involves a structural dispute, with complex execution, requiring alignment of multiple technical and social perspectives." According to Regina Helena, the case demands a coordinated effort between the government, civil society, and technical bodies.

"This is a very complex case with equally complex execution of what was decided. Here we have the execution of a command in a process involving a structural dispute, that is, a deep-rooted problem that requires a series of restructuring acts," said the minister.

Regina Helena also explained that, of the nine planned stages, five have already been completed, a number that represents "more than half of the work plan," according to the minister. She highlighted significant progress, such as defining phytosanitary requirements for importing cannabis seeds and the provisional registration of propagating material producers, measures that, in her view, "innovate in the administrative discipline of the subject."

"Therefore, at this point, there are no concrete elements indicating possible procedural bad faith by the entities involved. The coordination of representatives of the entities to propose an achievable schedule shows the intention to preserve the positive signaling practiced so far," she emphasized.

The minister also rejected the suggestion of Minister Paulo Sérgio Domingues, who advocated for imposing fines for missing deadlines. According to Regina Helena, the measure would not bring practical results. "It makes no sense to impose a fine on public coffers for the public coffers to pay the fine," she observed.

During the vote reading, Regina Helena detailed the new schedule presented by the Attorney General's Office (AGU), which includes:

• Social participation with Anvisa and the Ministry of Health until October 30, 2025;
• Consolidation of contributions until January 31, 2026;
• Issuance of final normative act until March 31, 2026.

The minister emphasized that this will be the last extension granted by the Court, conditioned on proving compliance with the intermediate steps within the established deadlines. "It is reasonable to defer the final compliance, and I stress, final compliance, of the judicial determination until March 31, 2026. By that date, Anvisa must demonstrate compliance with the intermediate steps outlined in the schedule," concluded Regina Helena Costa.

Thus, the STJ ratified the new action plan, maintaining the expectation that the government will effectively progress in regulating the cultivation of medicinal and scientific cannabis in Brazil.

The IAC 16 was instituted by the STJ to standardize the understanding of the right to cultivate cannabis for medicinal and scientific purposes in the country, given the lack of regulation by the Executive branch. The incident involves the discussion about the State's responsibility to create clear rules that allow cultivation, ensuring safe and legal access to patients, researchers, and associations that depend on the plant for therapeutic purposes.