Brazil - STF decides to decriminalize possession of marijuana for personal use

 

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 STF decides to decriminalize possession of marijuana for personal use… -

 STF decides to decriminalize possession of marijuana for personal use

The STF (Supreme Federal Court) decided this Tuesday (25), by 8 votes to 3, to decriminalize the possession of marijuana for personal use.

What happened

Eight ministers voted to decriminalize possession (see the full list of votes below). The process had been dragging on for nine years, was resumed last week and should be concluded tomorrow.

When delivering the majority result, President Luis Roberto Barroso reinforced that the use of marijuana in public places continues to be prohibited and that the STF criticizes drug consumption. He explained that possession for personal consumption is not considered a crime, but an illegal act without a criminal nature. Alexandre de Moraes and Gilmar Mendes… 

With Minister Dias Toffoli's statement, a majority is now formed that possession for personal consumption constitutes an illicit act without a criminal nature. And here I would like to make it clear that the court so far, and already by a majority, has expressed its opinion on the illicit nature of possession for consumption and, as a consequence, the prohibition of consumption in a public place, due to the fact that it is evidently an illicit activity. (...) The STF plenary, unanimously, considers that the consumption of illicit drugs is a bad thing and that the role of the State is to combat consumption, prevent trafficking and treat addicts. We are just deliberating the best way to face this epidemic that exists in Brazil.

Trial ends tomorrow; ministers will define quantity

The ministers will define in tomorrow's session (26) what quantity is allowed for the user. They will deliberate on the amount of marijuana that a person can possess for their own use without it being considered drug trafficking, which is a crime… -

The Drug Law does not make clear what the criteria are for defining user and dealer. As a result, in practice, it ends up being up to local authorities, such as the police, the Public Prosecutor's Office and the judge, to decide whether the person in possession of drugs is a user or a dealer. The STF intends to establish criteria to standardize police approaches in the country.

At the end of today's session, the ministers indicated that the amount defined will probably be 40 grams. However, they reinforced that the amount cannot be the only rule to differentiate between a user and a trafficker. Other components should be observed at the time of seizure, such as, for example, if it is clear that the person was…

Cristiano Zanin (but the user is not arrested)

André Mendonça

Kassio Nunes Marques (but the user is not arrested)

Toffoli resubmits vote, after doubts about divergence

Until last week, there were 5 votes in favor of decriminalizing possession and 3 against. Last Thursday, Toffoli opened a new divergence, arguing that the law already presumes that the act of carrying drugs is not a crime and that, therefore, it made no sense to vote for decriminalization. With his vote, the trial was suspended and, according to the STF, the score was 5-3-1.

Today, however, Toffoli asked to pronounce his vote again, said that perhaps he had not explained it correctly and presented…

Fux's vote raised doubts, being initially interpreted as criminalizing possession. The minister pointed out that Brazil is not ready to legalize drug consumption and brought data on consumption and trafficking. At the end of the session, however, he explained his position again, counting his vote with the majority.

I ask Vênia to the collegiate for the extension of the vote, for my difficulty in overcoming scientific dissent, for this realistic view that without regulation, without legislative action, changing the use of marijuana will bring much more problems than solutions.

minister Luiz Fux

President Barroso made a correction about Fux's vote. Despite being grateful for the demonstration 

The trial began in 2015 and was interrupted four times due to requests for a view. Last week, President Barroso criticized the fact that the case has been dragging on for nine years before the Supreme Court. "Procrastinating will not make the problem lessen", he said...

source images and video google

source essay https://noticias.uol.com.br/politica/ultimas-noticias/2024/06/25/supremo-tem-maioria-para-descriminalizar-porte-de-maconha-para-uso-pessoal.htm