Minister Zanin votes against the decriminalization of marijuana for personal use

Decision

Judgment score is 4-1 in favor of the measure

Minister Cristiano Zanin, of the Federal Supreme Court (STF), voted this Thursday (24) against the decriminalization of possession of marijuana and other drugs for personal consumption.

Zanin cast the first dissenting vote on the issue. The minister recognized that the current penal system is flawed and does not apply decriminalization to poor, black and low-education people.

However, the minister said that decriminalization presents “legal problems” and could aggravate the fight against drugs.

“I have no doubt that drug users are victims of trafficking and criminal organizations for the illicit exploitation of these substances. The decriminalization, even partial of drugs, could further contribute to this public health problem,” he said.

Despite speaking out against decriminalization, Zanin voted to fix the amount of 25 grams of marijuana or six female cannabis plants to configure the situation of personal use in police seizures.

The trial score is 4 votes to 1 for decriminalizing marijuana possession for personal use.

The session proceeded to take the votes of the other ministers.

The Supreme judges the constitutionality of Article 28 of the Drug Law (Law 11.343/2006). To differentiate users and dealers, the norm provides for alternative penalties for providing services to the community, warning about the effects of drugs and mandatory attendance at an educational course for those who acquire, transport or possess drugs for personal consumption.

The law ceased to provide for the prison sentence, but maintained criminalization. In this way, drug users are still targets of police investigation and judicial processes that seek the fulfillment of alternative sentences.

In the concrete case that motivated the trial, the defense of a convict asks that the possession of marijuana for personal use is no longer considered a crime. The accused was arrested with three grams of marijuana.

read more

What would change if marijuana is decriminalized in Brazil

Possibility of the STF decriminalizing possession of marijuana is a “mistake”, says Pacheco

Moraes votes in favor of decriminalizing marijuana possession and STF postpones judgment