However, the judges have yet to determine the maximum amount of marijuana that can be considered for personal use, as well as when the ruling will come into effect. The Supreme Court’s ruling does not legalise marijuana in Brazil, but mitigates the penalty for possession.
Court president Luis Roberto Barroso said the judges ruled that “possession of cannabis for personal use is an illicit act” but not “of a criminal nature.”
Brazil’s existing laws against drug possession do not specify what amount of marijuana is considered personal use — for which lighter punishments like community service are provided — and what amount Is considered drug trafficking, for which a heavy prison sentence is provided.
Supreme Court judge Alexandre de Moraes said these existing laws disproportionately harm “young people, especially Black people, who are treated as drug traffickers for possessing small amounts.”