Brazil Decriminalizes Possession of Marijuana for Personal Use, First and Largest Country in Latin America to Do So

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Brazil Decriminalizes Possession of Marijuana for Personal Use , First and Largest Country in Latin America to Do So
A man holds cannabis plants during a demonstration demanding the legalization of marijuana at Paulista Avenue in Sao Paulo, Brazil, on June 16, 2024. NELSON ALMEIDA/AFP via Getty Images

Brazil's Supreme Court has decided to decriminalize the possession of marijuana for personal use. This decision puts Brazil in line with other countries in Latin America and could potentially have a positive impact on the country's overcrowded prison system.

Brazil's Supreme Court Decriminalizes Marijuana for Personal Use

After final votes were cast on Tuesday, June 25, a majority of the justices on the 11-person court have voted in favor of decriminalization since deliberations began in 2015.

According to Fox News, the justices are currently deliberating on the maximum amount of marijuana that would be considered for personal use and the timeline for when the ruling will take effect. The completion is anticipated to be as early as Wednesday, June 26.

The justices who have voted in favor have expressed the view that decriminalization should only apply to the possession of marijuana in quantities deemed appropriate for personal use. The sale of drugs will continue to be prohibited.

Police have been making arrests of individuals found in possession of small amounts of drugs, leading to a rise in Brazil's prison population.

Congress has taken action in response to the ongoing deliberations of the top court. They have put forth a proposal to tighten drug legislation, which could potentially complicate the legal landscape regarding marijuana possession.

In April, the Senate passed a constitutional amendment that makes it a crime to possess any amount of illegal substances. The proposal was approved by the lower house's constitutional committee on June 12, and it will have to go through at least one more committee before it can be voted on by the entire floor.

Policy Changes to Address Drug Use

In many cases, the changes have been implemented as part of a larger policy change that focuses on addressing drug use as a health concern rather than a criminal offense.

In the United States, marijuana is still illegal at the federal level, but states now have the authority to establish their own policies. Ever since voters in Colorado and Washington gave their approval for recreational use of marijuana in 2012, the number of Americans living in states where marijuana is legal has surpassed the halfway mark.

Recent data from Gallup reveals a significant increase in the number of Americans who support the legalization of marijuana. The percentage has risen from 31 percent in 2000 to a substantial 70 percent.

Although Brazil has a more relaxed federal marijuana policy compared to the United States, the majority of Brazilians are less supportive of the drug than Americans.

According to a recent survey conducted by Datafolha, a Brazilian pollster, it was found that less than a third of Brazilians expressed their support for the decriminalization of marijuana.

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