Mendonça releases process on decriminalization of marijuana possession

The minister of the Federal Supreme Court (STF), André Mendonça, returned to the Court’s Plenary the action that could decriminalize the possession of marijuana for personal use in Brazil. The minister had requested a review of the process in August, when the score was 4 votes to 1 in favor of decriminalization.

The request for review halted the trial for 90 days so that the minister would have more time to analyze the case.

Before Mendonça’s request, minister Cristiano Zanin voted against the decriminalization of the drug and angered left-wing activists with the vote.

“The mere decriminalization of possession of drugs for consumption, in my view, presents legal problems and could even worsen the situation we face in this problem of combating drugs. The decriminalization, even if partial, of drugs, could further contribute to the worsening of this health problem”, stated Zanin in his vote.

On her last day at the STF, minister Rosa Weber advanced her vote in favor of decriminalization even after the request for review and asked ministers Nunes Marques and Luiz Fux to also advance their votes. If one of the ministers accompanied the rapporteur, it would be possible to form a pro-decriminalization majority.

The two did not want to present their positions on the topic in advance.

Therefore, ministers Alexandre de Moraes, Edson Fachin, Gilmar Mendes (reporter of the action), Luís Roberto Barroso and Rosa Weber, retired minister and former president of the Court, have already voted in favor of releasing the drug.

Thus, with Weber’s vote after the request for review, the trial returns to the Plenary at the moment the action already has 5 votes in favor.