Is Weed Legal in Brazil?

Recreational marijuana is decriminalized but not legal in Brazil. On June 25, 2024, the Supremo Tribunal Federal (STF) finalized its judgment in RE 635659, removing criminal penalties for possessing up to 40 grams of cannabis or growing up to six female plants for personal use. The conduct remains an administrative infraction under Article 28 of Law 11.343/2006, so police can still seize the substance and issue warnings, community service, or educational measures, just not jail time.

Quantities above the 40g threshold are presumed trafficking under Article 33 of Law 11.343/2006, which carries five to fifteen years in prison and fines. Judges retain discretion to weigh circumstances such as packaging, scales, or prior record, so the 40g cap is a presumption rather than a hard ceiling. Sales, transport, cultivation for distribution, and any commercial activity remain felonies. Medical use is fully legal through ANVISA-regulated channels. There is no licensed recreational market, no retail dispensaries, and no legal adult-use supply chain.

This page is for informational purposes only and does not constitute legal advice. Verify current law with qualified counsel before making compliance decisions.