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This definition builds on the Court's ruling from Tuesday, Jun. The calculation was based on the votes of the justices, who proposed amounts ranging from 25 to 60 grams in their votes in favor of decriminalization. An average of these suggestions resulted in the final amount being set at 40 grams. Decriminalization does not equate to the legalization of drug use. Possession of marijuana remains illegal, meaning it is still prohibited to smoke the drug in public places. However, the consequences of possession are now administrative rather than criminal. The decision does not prevent police interventions, and the drug can still be seized by officers. In such cases, the police must notify the user to appear in court. Barroso stated that the Supreme Court should decide the case because it handles and judges prisoners' habeas corpus petitions. We need a criterion to determine whether a person should be imprisoned, as this decision has a dramatic impact on a person's life. There is no more important role for the judiciary than deciding whether someone should be incarcerated,' he emphasized. Under the ruling, individuals found carrying marijuana can be taken to a police station when approached by the police. The officer will be responsible for weighing the drug, determining whether the situation qualifies as possession for personal use, and referring the case to the courts. The Supreme Court's decision also permits arrests for drug trafficking when the amount of marijuana is less than 40 grams. In such instances, law enforcement officials must consider evidence such as the intent to sell, the seizure of weighing scales, and records of sales and communications between dealers. Skip to main content. Justice Court sets 40g of marijuana as limit to differentiate user from dealer The possession of the drug remains an illegal act in Brazil. Audio news. Illegal act Decriminalization does not equate to the legalization of drug use. Evidence Under the ruling, individuals found carrying marijuana can be taken to a police station when approached by the police. Supreme Court decriminalizes possession of marijuana for personal use. Translation: Mario Nunes. Share this content. More news. Economy Brazil's Finance Minister to launch green investment platform in U.

Court sets 40g of marijuana as limit to differentiate user from dealer

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Recreational cannabis is illegal in Brazil. However, in , the government changed rules around small-scale possession and cultivation for personal use. Technically, these infringements no longer come with criminal penalties. But police are allowed to use their discretion regarding whether use or possession is considered dealing, meaning that use and possession can sometimes face harsh penalties. Medicinal cannabis is legal but regulated by several laws. For example, certain types of products are limited to people who are terminally ill without any other remaining treatment options. Products with greater than 0. Approved products can be sold at pharmacies, given patients have a prescription. This ruling is likely to set a precedent for other causes. However, this has not yet been regulated, so those who home cultivate medical cannabis are not protected. Currently, Brazil does not use MMJ cards. Cannabis products are only given under prescription, and home cultivation is still strictly regulated. While three individuals have been granted permission to cultivate cannabis for medical use, there are no legal protections for cultivation and possession. Cannabis-based products, such as nasal sprays and oral formulations, must be prescribed by your doctor. Currently, products with over 0. However, products with less than 0. Some clinics specializing in medical cannabis do offer telemedicine. It is best to talk to your doctor or clinic regarding telemedicine. Few specific laws exist addressing protections for medical cannabis users. However, there are legal protections when it comes to drug testing. For instance, the general view of the Labour Courts is that drug testing must be carried out with a justification related to safety. For example, drivers can legally be drug tested regularly. Several different requirements must be met for a product to be sold as a medical cannabis product. These requirements include:. In addition, there must be clear evidence showing that the product is safe for human consumption and effective for the medical conditions it is approved for. The manufacturing process must also meet specific quality assurance standards. In Brazil, cultivation for medical research is allowed, but only in some cases which have been strictly regulated. However, any resulting products must meet the rigorous testing standards outlined above. It is technically illegal to grow cannabis plants for recreational purposes in Brazil. Significant offenses can lead to years of jail time. However, small-scale cultivation for personal use has technically been decriminalized. In theory, those caught growing marijuana should be given a warning, education, or community service. With that said, people have been harshly punished for possessing or cultivating small amounts of cannabis. This case will likely set a precedent, allowing very sick people to do the same. However, there are no current legal protections for cultivating medical marijuana at home. Depending on your condition, you can be safely prescribed medical cannabis products by your doctor. Products under 0. These prescriptions can be filled at a pharmacy. Generally, it is unsafe to buy recreational cannabis as this is illegal. There is no guarantee of safety or product quality, and there is a possibility of facing harsh penalties. It is safest to consume medical marijuana products at home. However, there are no specific public use guidelines because only oral or nasally-administered products can be used legally. It is important to remember there are currently no legal protections for those who cultivate and use marijuana for medical purposes. Consumption of recreational cannabis is illegal but decriminalized. However, due to police discretion, it is still possible to face severe punishments for recreational use. Therefore, it is safest to avoid recreational use.

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