Brazil's Supreme Court Rules In Favor: Possession Of Marijuana Decriminalized

Brazil's Supreme Court made a landmark decision to decriminalize the possession of marijuana for personal use. This doesn't fully legalize it but is a significant shift in the country's approach to drug policy. Personal possession of small amounts of marijuana will no longer be treated as a criminal offence.

At the same time as this legal change, the Senate in Brazil has moved forward with a constitutional amendment that aims to introduce criminal penalties for any amount of marijuana possession. The amendment has been approved by the Senate and is now awaiting consideration in the lower house of Congress. The proposal received support in the Senate's Constitution and Justice Committee, receiving a decisive 47-17 vote in favour. 

The Supreme Court leans towards decriminalization to reduce punitive measures for personal use, while lawmakers in the conservative-dominated Congress advocate for stricter enforcement. This reflects broader tensions within Brazilian society and politics over drug laws, highlighting the complexities and debates surrounding drug policy reform in Brazil.

Rodrigo Pacheco: View

The President of the Senate, Rodrigo Pacheco, author of the bill criminalizing personal drug use, criticized the Supreme Court's decision. 

"I disagree with the decision; it should be made through the legislative process," he told journalists on Tuesday evening. 

According to Brazilian drug law, it is a crime to buy, possess, transport, or bring drugs for personal use, with a light penalty. Each judge can determine the quantity of marijuana consistent with personal use or drug trafficking. However, top judges in favour of decriminalization argue that this approach reinforces bias, particularly against poor and Black individuals.

Brazil's 2006 law related to Marijuana:- 

According to the Associated Press (AP), justices supporting decriminalization stressed its focus on marijuana possession for personal use, maintaining illegality for drug sales. 

Brazil's 2006 law aimed to penalize small drug possession with alternatives like community service but faced criticism for vagueness. It lacked clear quantity thresholds, complicating distinctions between personal use and trafficking for law enforcement and courts.

Police have been arresting people for carrying small quantities of drugs on trafficking charges, causing Brazil’s prison population to keep growing.

Ilona Szabó, president of the Igarapé Institute, a think tank focusing on public security, stated that the majority of people detained for drug trafficking in Brazil are first-time offenders who had small amounts of drugs, were caught in routine police operations, and had no evidence of any connection to organized crime.

Congress has responded to the ongoing deliberations by advancing a proposal to tighten drug legislation, which would complicate the legal situation regarding marijuana possession.

Some Brazilians, like 47-year-old Rio de Janeiro resident Alexandro Trindade, have expressed frustration with both the Supreme Court decriminalizing marijuana and Congress pushing to keep it illegal. Trindade believes that such decisions should be submitted to a plebiscite for the people to decide.

As in other countries in the region, like Argentina, Colombia and Mexico, medicinal use of cannabis in Brazil is allowed, though in a highly restricted manner.

Uruguay: First Country to Legalize Marijuana:-

Uruguay, as the first country to fully legalize marijuana for recreational use in 2013, has its entire marijuana industry under state control, allowing registered users to buy up to 40 grams per month through pharmacies.

Marijuana Possession in India: Is it illegal?

India's current approach to narcotic drugs and psychotropic substances is outlined in Article 47 of the Constitution of India. This article mandates that the 'State shall strive to prohibit the consumption, except for medicinal purposes, of intoxicating drinks and drugs that are injurious to health. These obligations are included in the principal national legislation, the Narcotic Drugs and Psychotropic Substances Act of 1985 (the NDPS Act). 

However, medicinal products containing narcotic drugs in India are regulated under the Drugs and Cosmetics Act 1940 (DCA) and its implementing rules, the Drugs Rules 1945 (DRs), which are read together with the provisions of the NDPS Act, along with its implementing rules and orders (the NDPS Rules).

Cannabis in India is illegal under the NDPS Act, but the consumption of bhang (made from cannabis leaves) is permitted. Bhang, however, may be subject to state-specific excise laws. Cannabis resin (charas) and flowering or fruiting tops (ganja) are prohibited. The cultivation of cannabis plants is strictly regulated and allowed only under specific state government authority.

The NDPS Act stipulates punishment for carrying cannabis based on the quantity possessed. For small quantities, there's a maximum of 6 months of rigorous imprisonment and/or a 10,000 rupee fine. Possessing more than a small quantity but less than a commercial quantity can lead to up to 10 years of rigorous imprisonment and/or a 100,000 rupee fine. For commercial quantities, the penalty includes 10-20 years' rigorous imprisonment and/or a 100,000-200,000 rupee fine.

In Brazil, recent developments in marijuana legislation reflect a complex interplay between judicial and legislative bodies. The Supreme Court's decision to decriminalize personal possession contrasts with proposed amendments in Congress aiming for stricter penalties, mirroring broader societal debates over drug policy reform.