Senate votes on drug PEC this Tuesday (16)

The Senate is expected to vote this Tuesday (16), in the first round, on the proposed amendment to the Constitution (PEC) that criminalizes the possession and possession of any quantity of drugs. Presented by the President of the House, Rodrigo Pacheco, the text reinforces what is already provided for in the Drug Law (Law 11,343, of 2006), which determines penalties for the possession and possession of drugs for personal consumption.

The senators will hold their last discussion session this Tuesday and then PEC 45/2023 should be voted on, informed the Senate Agency. In March, the proposal was approved by the Constitution and Justice Commission (CCJ) with broad support from the opposition. The vote was symbolic and had only four senators voting against: Humberto Costa (PT-PE), Fabiano Contarato (PT-ES), Marcelo Castro (MDB-PI) and Jaques Wagner (PT-BA).

On March 6, the Federal Supreme Court (STF) interrupted the trial that could decriminalize the possession of marijuana for personal consumption, following a request for a review from Minister Dias Toffoli. So far, there are five votes for the end of the criminal classification of users and three against.

At the CCJ, the rapporteur, senator Efraim Filho (União-PB), included his amendment in the text, so that “the distinction between trafficker and user” is observed. He also accepted the suggestion of Senator Rogério Marinho (PL-RN) that this differentiation be based on the “factual circumstances of the specific case”, under the responsibility of the police.

The rapporteur also specified that alternative sentences to prison and addiction treatment should be applied to users, as current legislation already determines. The PECs have five discussions in plenary before going through deliberation in the first round. Afterwards, the text will be discussed for two more sessions, before being voted on in a second round. To be approved, the PEC needs the support of at least 49 senators, in two rounds.