Navigating the Landscape of Cannabis Laws in Brazil

Monday, 24 July 2023 16:18

Cannabis Laws in Brazil

Cannabis in Brazil has a complex legal history and continues to be a topic of considerable debate. In this article, we delve into the nuances of Brazilian cannabis laws, looking at the progression from strict prohibitions to incremental allowances for medical use.

Current Cannabis Regulations

As of now, cannabis remains illegal in Brazil, with stringent criminal laws enacted against its use. However, the laws underwent a significant shift in 2006, with the enactment of the New Drug Law (Law 11,343 of 2006), which de-penalized possession and cultivation for personal and private use. This law also covers a host of regulations applicable to cannabis and other drugs.

Public use of cannabis can result in a warning, mandatory community service, and education on the effects of drug use. The same measures apply to public use of any illegal drug. However, selling, transportation, and trafficking of drugs are still considered criminal acts and can attract prison sentences of 5 to 15 years and a hefty fine.

Medical Cannabis in Brazil

The landscape for medical cannabis changed significantly in 2015 when the Brazilian Health Regulatory Agency, ANVISA, reclassified CBD as a controlled substance, effectively legalizing medical cannabis. Prescriptions for cannabis-based medications with THC levels exceeding 0.2% are restricted to terminally ill patients or those who have tried and exhausted other treatment options. Originally, these medications could only be imported with special authorization from ANVISA, but in 2019, the rules were relaxed to allow pharmacy sales. Products containing less than 0.2% THC have fewer prescription restrictions.

In 2017, Brazil took another step forward by issuing its first license for a cannabis-based medicine, approving the sale of Mevatyl oral spray (known internationally as Sativex). In a landmark decision, the State of Pernambuco issued the first national license for the home cultivation of marijuana for medicinal purposes in 2020.

Historical Context of Cannabis in Brazil

The Portuguese colonists introduced cannabis to Brazil in the early 1800s. Although the original intent may have been to cultivate hemp fiber, the African slaves brought by the Portuguese were familiar with cannabis and used it for psychoactive purposes. This usage led the Municipal Council of Rio de Janeiro to prohibit cannabis in the city in 1830, including punishing any slave found using it.

Throughout history, cannabis has been used in Brazil for a variety of purposes, including religious rituals, medicinal treatments, recreational consumption, and industrial production.

Conclusion

The legal landscape for cannabis in Brazil is complex and multi-faceted, reflecting changes in societal attitudes over time. Despite some relaxation in medical cannabis laws, recreational use remains firmly illegal. It remains to be seen how these laws will evolve in the future.

Source:
1. [Cannabis in Brazil - Wikipedia](https://en.wikipedia.org/wiki/Cannabis_in_Brazil)
2. [Cannabis law and legislation in Brazil | CMS Expert Guides](https://cms.law/en/int/expert-guides/cms-expert-guide-to-a-legal-roadmap-to-cannabis/brazil)

Last Updated on Monday, 24 July 2023 16:22

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