Moraes proposes that the use of marijuana has an administrative penalty – 02/08/2023 – Cannabis Inc.

Since 2015, the STF (Federal Supreme Court) has received the task of judging the case of a mechanic Francisco Benedito Souza, convicted of carrying 3 grams of marijuana, seized inside the cell, where he was serving his sentence. Public defender Leandro Castro Gomes, at the time, claimed that the Antidrug Law was unconstitutional. The process gained the spotlight because it can open jurisprudence for the decriminalization of individual possession of marijuana. Gilmar Mendes, Edson Fachin and Roberto Barroso have already expressed their support in other hearings.

In June, the process returned to the docket and was dropped several times due to the flow of the court itself. This Wednesday, the 2nd, at 2 pm, he began to be judged again by the STF. Alexandre de Moraes presented an analysis on the issue of marijuana in the country – and not on drugs in general. From the outset, he defended the decriminalization of possession of marijuana – which becomes a case of administrative and not criminal proceedings. The minister also emphasized the need to change the way the Drug Law is applied. According to him, the legislation does not work in a democratic way, but according to the social level, age and even the region where the process takes place.

He based his statements on a study carried out with 1.2 million cases – of incidents of flagrante delicto for trafficking and seizures for use – analyzed from data from the National Registry of Occurrences (RDO) of the Secretariat of Public Security of the State of São Paulo (SSP-SP), between 2003 and 2017. Prepared by experts Marcelo Guedes Nunes, Fernando Corrêa, Julio Trecenti and José de Jesus Filho, the survey points to the need for objective criteria for determining drug possession and trafficking.

The study’s data show that people with higher education are classified as drug dealers when caught with a quantity of marijuana above 49 grams, while an illiterate citizen, above 32 grams. The cut carried out by age also brings variations. Cases of 23-year-olds are typified as trafficking if they have an amount of marijuana above 23.9 grams, those of suspects aged 30, 36 grams, and those of older people, 56 grams.

“The idea of ​​combating and criminalizing illicit drug trafficking is not an option for us (STF), nor for Congress. This is in the Constitution. It is a non-bailable crime,” said Moraes. “The discussion is the port for own use.” He recalled that marijuana is the mildest of drugs and has no negative impact on public health.

About the process, the specific case of the mechanic, he voted for decriminalization, as it was only 3 grams. Minister Rosa Weber followed her colleague’s vote and accepted Minister Gilmar Mendes’ request for a postponement to analyze the issue more broadly. A new trial date has not yet been set.

PRESENT LINK: Did you like this text? Subscriber can release five free hits of any link per day. Just click the blue F below.