The Ministry of Justice and Public Security and the National Council of Justice (CNJ) are developing a new public policy to comply with the decision of the Supreme Federal Court (STF), from June 2024. The measure turned the possession of up to 40 grams of cannabis into an administrative offense, without criminal consequences.

As part of the plan, the CNJ is carrying out the I Criminal Procedural Mutirão of the Fair Penalty program, aimed at reviewing cases nationwide of individuals convicted of possessing marijuana for personal use.

According to the schedule, a report with the results of the mutirão will be produced in September, with publication scheduled for October 2025. Preparations began in May, based on data extraction from SEEU and the National Bank of Criminal Measures and Prisons.

New policy, new police action

Continuing efforts to comply with the STF decision, the new policy will also address future seizures. According to information obtained by Folha, police officers who catch individuals carrying up to 40 grams of cannabis or cultivating up to six female plants should issue a notification. The user will have up to 30 days to attend one of the Cais (Centers of Access to Rights and Social Inclusion).

The drug will be seized and can be analyzed if requested by the user. The goal, according to technicians involved in the policy development, is to assess risks, identify vulnerabilities, and refer citizens to public support services.

A new resolution will detail protocols on user treatment, police action, and the fate of the seized drug. The final text is expected to be voted on by the CNJ plenary in early September, but may still undergo adjustments, according to the Ministry of Justice.

Expansion of the Cais network and federal investment

Currently, Brazil has 111 Cais in different stages of implementation, a number considered insufficient to ensure national coverage. To fill this gap, the Ministry of Health is developing a digital service alternative for users.

The implementation will be made possible with resources of R$ 190 million, approved by the Ministry of Finance in 2025. The investment will be allocated to expanding the Cais network, strengthening prevention actions, and launching a national campaign to provide guidance on drug use.

There is also a budgetary supplementation forecast for 2026 to consolidate the network and ensure the effectiveness of the public policy.

The new Brazilian policy is inspired by the Portuguese model of decriminalization and referral of drug users. The creator of the proposal in Portugal, Dr. João Goulão, highlighted in an interview with Portal Sechat in February 2025, that the success of the European model lies in prioritizing the health and dignity of the user.