Adults only (18+)

Is Weed Legal in Brazil?

Cannabis remains illegal for recreational use across Brazil. However, recent legal reforms have decriminalised possession for personal use, and medical cannabis is permitted under strict regulation. The law draws a clear line between tolerated personal use and criminal penalties for cultivation, sale or large-scale distribution.

Personal Use and Decriminalisation

In June 2024, Brazil’s Supreme Federal Court ruled that possession of up to around 40 grams of cannabis or up to six female plants for personal use is not a criminal offence. Instead, such cases are treated as administrative infractions, punishable by non-criminal measures like warnings, educational programmes or community service. Possession beyond these thresholds remains liable to trafficking charges.

Legal Status of Cultivation

Growing cannabis in Brazil has long been prohibited. Current Supreme Court decisions permit small-scale cultivation for personal consumption only, but commercial or large-scale cultivation remains illegal. Medical cultivation is under legal debate, awaiting detailed regulation. Some court orders have directed the national health regulator to define cultivation rules, but lawful cultivation has not yet been formally authorised.

Medical Cannabis Framework

Medical cannabis use has been legal since 2015, though strict criteria apply. Products with more than 0.2% THC may only be prescribed for terminally ill patients or those who have exhausted other treatment options. Items with less than 0.2% THC can be more widely prescribed. All medical cannabis products must be imported or produced with imported extracts, since domestic cultivation is still restricted. Patients must hold a valid medical prescription and use licensed pharmacy channels to obtain cannabis products.

Supply, Sale and Trafficking

Sale, distribution and trafficking of cannabis are all criminal offences, punishable by imprisonment of 5 to 15 years and hefty fines. Decriminalisation does not apply to commercial activity. Anyone caught supplying others or carrying quantities exceeding the personal-use limit may face prosecution and judicial penalties.

Public Consumption and Enforcement

Public consumption of cannabis remains illegal, and police action may result in confiscation or administrative sanctions depending on context. Enforcement can vary across regions, with some municipalities showing greater leniency toward small personal use and others acting more strictly.

Current Policy Debates and Reform Efforts

A constitutional amendment bill is under debate aiming to re-criminalise all cannabis possession regardless of quantity. Meanwhile, plans are underway to regulate medical cannabis cultivation and use nationwide, with implementation expected by September 2025. Agricultural and pharmaceutical stakeholders are investing in research and preparing infrastructure for future legal markets.

Conclusion

Cannabis is not legal for recreational use in Brazil, but personal possession and home cultivation of limited amounts are now decriminalised thanks to a Supreme Court ruling. Medical cannabis is available under prescription in limited forms, but domestic cultivation for medical use has not been fully sanctioned. Sale and trafficking remain strictly illegal, with severe penalties. The legal landscape is evolving, and new regulations are expected in the near future.