STF set 40g as limit, but 55% of marijuana convictions still classified as trafficking
CNJ reevaluated nearly 30 thousand cases involving cannabis, only 13% of the convictions were altered; experts point out influence of the “word of the police officer” and institutional resistance in state courts
Published on 11/25/2025
29,725 cases were reanalyzed during the CNJ Blitz, only 3,813 convictions (about 13%) were altered immediately. Image: Canva Pro
The National Council of Justice (CNJ) released the results of the 1st Criminal Procedural Fair Penalty Blitz, an initiative carried out in partnership with 33 courts throughout the country. The CNJ Blitz reviewed a total of 86 thousand cases of different natures, resulting in the release or sentence revision of 9 thousand individuals.
One of the central focuses of the work was the analysis of convictions for possession or trafficking of marijuana in the last eight years. The criterion used was the thesis established by the Supreme Federal Court (STF) in July 2024, regarding possession of up to 40 grams or six female plants.
A total of 29,725 cases were reanalyzed during the CNJ Blitz. Of these, only 3,813 convictions (about 13%) were immediately altered. Conversely, the trafficking conviction was upheld in 54.9% of the cases. Another 7,434 cases were forwarded for Defense and Public Ministry statements.
The specific focus on cannabis reveals a challenging scenario. The data shows that the STF decision, which decriminalized possession for personal use, still faces practical barriers to generate a massive impact on deincarceration.
Impact of the CNJ Blitz encounters institutional resistance
According to lawyer Emílio Figueiredo, the numbers reflect the timidity of the Supreme Court decision and the state's punitive culture. He believes that the real impact observed in the CNJ Blitz fell "well below the initial expectation".
“The STF decision did not adequately address the issue by setting low objective criteria in the face of the Brazilian user's consumption profile,” Figueiredo evaluates. He also points out an ideological barrier in law enforcement.
The barrier of the “Word of the Police Officer”
The report indicates that the maintenance of convictions occurs largely due to a caveat in the STF decision. The quantity of drugs, by itself, does not define the crime, as the presence of other evidence elements may constitute trafficking.
The lawyer details the use of standardized reports, known as the “flagrant kit,” which prevent sentence revisions. “Many times, when the police officer reports the arrest, he uses words like 'hiding from the police car,' 'known location for trafficking,' or says that the person 'is already known.' They mention exchanged money or a cellphone,” he states.
Regional disparities in the data
The report also revealed geographical inequality in the application of justice in Brazil. The assessment pointed out that 83% of the punishment alterations made by the CNJ Blitz were concentrated in just three states: Santa Catarina (1,560), São Paulo (1,113), and Minas Gerais (485).
Image: File 1st Criminal Procedural Fair Penalty Blitz
In the Northeast, the situation is critical. Lawyer Ítalo Coelho highlights the data from Ceará as an example of the persistence of the “prohibitionist metric.” “The real impact was very small. In Ceará, for example, there were no alterations,” Coelho points out. 2,098 cases were reviewed and all convictions were upheld.
Technical advances made it possible
Despite criticisms regarding the limited number of releases, for the CNJ, the mass review process demonstrates a technical evolution of the Judiciary. In the report, the Council stated that it is likely that the courts have reviewed all recent and relevant judgments on the subject.
