STF decriminalizes marijuana possession: historic decision paves the way for debate on medicinal use

On this Tuesday (06/25/2024), the Supreme Federal Court (STF) made a historic decision by decriminalizing, by a majority of votes, the possession of marijuana for personal consumption. Although the judgment specifically deals with Article 28 of the Drug Law, its consequences have the potential to significantly impact the debate on the medicinal use of cannabis in Brazil.

Let's remember, there was no legalization, but rather decriminalization. Therefore, it will not generate a criminal record. However, he will only be held administratively responsible

The medicinal use of cannabis: An overview

Currently, some cannabidiol (CBD)-based medications, one of the active principles of cannabis, are authorized by Anvisa for the treatment of epilepsy and other ailments. However, access to these medicines is still restricted, costly, and bureaucratic, causing many patients to resort to legal means to guarantee the right to treatment.

Cannabidiol, better known by the acronym CBD, is a substance found in the marijuana plant (Cannabis sativa). Unlike THC (tetrahydrocannabinol), which is the main psychoactive component of marijuana, CBD does not cause hallucinogenic effects or the feeling of being "high".

Scientific studies have demonstrated the efficacy of cannabidiol in the treatment of various conditions, such as refractory epilepsy, chronic pain, anxiety, Parkinson's, and side effects of chemotherapy. Despite this, the stigma surrounding the plant still hinders the advancement of research and legislation.

How does the STF decision impact the scenario?

By decriminalizing the possession of marijuana for personal use, the Supreme Court paves the way for a broader and more mature discussion about cannabis, including for medicinal purposes. After all, if the recreational user is no longer treated as a criminal, it becomes more difficult to justify the prohibition for those who need the plant to treat diseases.

Moreover, the decision may encourage more research on the therapeutic benefits of cannabis/cannabidiol, as well as boost bills that aim to regulate the cultivation and production of plant-based medicines in the country. Currently, proposals are being processed in the National Congress that seek to facilitate patients' access to these treatments.

Who is responsible for this discussion?

The question of the STF's competence to decide on the decriminalization of drug possession for personal consumption is complex and involves different interpretations.

On the one hand, it is argued that the STF has legitimacy to deal with the matter, based on the following points:

1. Constitutionality control: the STF is responsible for analyzing the compatibility of laws with the Federal Constitution. In this case, it is discussed whether the criminalization of possession for personal use violates constitutional principles, such as the right to privacy and individual autonomy.

2. Protection of fundamental rights: it is up to the STF to guard the Constitution and protect fundamental rights. The decriminalization of possession for personal use can be understood as a way to guarantee these rights.

3. Impact on public policy: the STF's decision has the potential to influence the national drug policy, which would justify the court's action as one of the powers of the Republic.

On the other hand, there are those who question the STF's competence in this matter, based on the following arguments:

1. Principle of separation of powers: the definition of crimes and penalties is traditionally an attribution of the Legislative Power. By decriminalizing possession for personal use, the STF would be invading the competence of the National Congress.

2. Democratic legitimacy: STF ministers are not directly elected by the population, which raises questions about their legitimacy to make decisions that affect the entire society.

3. Absence of legal provision: there is no express provision in the Federal Constitution that attributes to the STF the competence to decriminalize conduct.

Therefore, we may still observe possible political debates and the tripartition of powers.

The new challenges

Despite the progress represented by the STF's decision, there is still a long way to go before the medicinal use of cannabis is fully regulated and accessible in Brazil. It is necessary to demystify the plant, invest in research, and create a legal framework that guarantees patients' rights without neglecting the necessary safety and control.

The fact is that the decriminalization of possession for personal use has the potential to change the way society views cannabis, opening space for a more honest and grounded debate about its medicinal benefits.