Cigarettes can be made with just over 1 g of the herb; The trend is to set the decriminalized release of possession for personal use at 40 g
After deciding to decriminalize possession of marijuana for personal use, the STF (Federal Supreme Court) define the quantity of the drug that will serve as a parameter to differentiate user from dealer. Throughout the trial, ministers suggested that the amount should vary from 10 grams to 60 grams.
It is most likely that judges will rule that anyone carrying up to 40 grams of marijuana is considered a user. This quantity allows you to make around 30 cigarettes.
So far, ministers have already formed a majority for decriminalization and for the understanding that it will be necessary to set a quantity to distinguish users from traffickers. However, the exact amount remains to be defined at the next session of the board, which will be on Wednesday (June 26).
There are different currents of understanding about the amount. Below is how each minister has positioned themselves so far:
- defined 25 grams, which could reach 40 grams: Roberto Barroso, Cristiano Zanin and Nunes Marques;
- defined 60 grams, which can reach 40 grams: Alexandre de Moraes, Gilmar Mendes, Cármen Lúcia and Rosa Weber
- It is up to Congress or the Executive to define: Edson Fachin, Dias Toffoli, Luiz Fux and André Mendonça.
Currently, the Drug Law determines that the definition would be judge’s discretion –which, according to some Supreme Court ministers, opens up gaps for classifying people based on partial and sometimes discriminatory biases based on the color of an individual’s skin.
With the outcome of the trial so far, possession of marijuana for personal use, nthe practice, will no longer be treated as a crime, with no criminal effects. However, as the Supreme Court does not discuss the legalization of the substance, The conduct should not become legal.
During the trial, the president of the STF, minister Roberto Barroso, once again said that the Supreme Court is not legalizing the substance.
“The Supreme Court is not legalizing drugs, maintaining consumption as an illicit behavior, let that be clear”declared.
Minister Dias Toffoli also stated that the discussion in the Supreme Court deals with decriminalization and not legalization.
“I reiterate that decriminalization cannot be confused with legalization. Legalization is an even more comprehensive approach. It not only authorizes the possession of drugs for personal consumption, but also regulates the production and sale of these substances for medicinal and recreational purposes, similar to what happens with alcohol and tobacco.”he said.
TENSION WITH CONGRESS
After forming a majority in the plenary for decriminalization, authorities began to speak out about the result. Among them, the president of the Senate, Rodrigo Pacheco (PSD-MG), who criticized the ministers’ position. “Let it not be general release,” he said.
“All of this will have to be the subject of a broad debate, of maturity, including with society. But this does not represent, I hope, a ‘general liberation’ in relation to marijuana or any type of drug, because the deficiency continues [jurídica]“Pacheco told journalists.
Watch (2min41s):
The analysis of the topic was one of the main points for the tension created between the Legislature and the Judiciary. The issue under trial is in line with the PEC (Proposed Amendment to the Constitution) on Drugs (45 of 2023) approved by the Senate and the CCJ (Constitution and Justice Committee) of the Chamber of Deputies.
The PEC inserts into article 5 of the Constitution the determination that possession or possession of any quantity of drugs or narcotics is a crime. The text still needs to go through a special committee.
The senators included an excerpt in the text currently being processed in Congress to differentiate users from drug dealers. However, there are no clear criteria for how the differentiation would be made, which is the target of criticism from congressmen opposed to the proposal.
#STF #release #marijuana #possession