The Federal Supreme Court Plenary (STF) unanimously decided to maintain the full decision in which it decriminalized the possession of marijuana for personal use and fixed the amount of 40 grams to differentiate users from traffickers.
The theme was tried in the virtual plenary, in session ended last Friday (14). In the end, appeals filed by the Public Defender’s Office and the Public Prosecution Service of São Paulo were rejected to clarify the result of the trial, which was finalized in July last year.
All ministers followed the vote of the rapporteur, Minister Gilmar Mendes, who at the beginning of the virtual trial voted for the rejection of appeals.
NOT LEGALIZA
The Supreme decision does not legalize the possession of marijuana. The size for personal use remains illicit behavior, ie, the drug is prohibited to smoke in a public place.
The Supreme Court judged the constitutionality of article 28 of the Drug Law (Law 11.343/2006). To differentiate users and traffickers, the standard provides for alternative penalties to provide community services, warning about the effects of drugs and mandatory attendance to educational course.
The Court maintained the validity of the standard, but understood that the consequences are administrative, and it is only possible to comply with the provision of community services.
The warning and mandatory presence in educational course were maintained and should be applied by the court in administrative proceedings, without criminal repercussions. By the decision, the possession and the possession of up to six female marijuana plants also produces criminal consequences.
In any case, the user can still be considered a trafficker, even with small amounts of marijuana, if the police or judicial authorities find evidence of drug marketing, such as scales and accounting notes.
