Individual possession of marijuana may no longer be a crime – 05/19/2023 – Cannabis Inc.

Minister Rosa Weber, president of the STF (Federal Supreme Court), finally scheduled the long-awaited judgment on the decriminalization of individual possession of drugs, for next Wednesday (24). The case is old, dates from 2015, but it is important for society and may open case law. If so, it has the capacity to mark a major change in the course of Justice, preventing users from being framed as drug dealers.

The process judges the unconstitutionality of the Antidrugs Law (nº 11.343 of 2006) that can authorize the individual possession of small amounts of marijuana in the country, which considers a crime to acquire, store and transport drugs. In 2009, mechanic Francisco Benedito de Souza was serving a sentence for carrying a firearm at the Diadema Provisional Detention Center, but was convicted again because they found 3 grams of marijuana in the cell where he was being held.

On that occasion, the public defender Leandro Castro Gomes, who was with the case, alleged the unconstitutionality of the Antidrug Law. The case ended up at the STJ in 2015. At the time, Minister Teori Zavascki – who died two years later in an air accident – ​​asked for views of the process, which stopped the progress of the process.

In 2018, Minister Alexandre de Moraes took over Zavascki’s seat, releasing the case for a vote. Gilmar Mendes, Edson Fachin and Roberto Barroso have already spoken out in favor of unconstitutionality.

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