Is Weed Legal in Brazil?

Last reviewed: August 6, 2026

No — recreational weed is not legal in Brazil, but possessing up to 40 grams for personal use is decriminalized. The Supremo Tribunal Federal's June 25, 2024 judgment in RE 635659 removed criminal penalties for carrying up to 40 grams of cannabis or growing six female plants for personal use — but the conduct remains an illicit administrative infraction under Article 28 of the Lei de Drogas (Law 11.343/2006), which Congress has never amended. Selling or supplying any amount is still a felony under Article 33, carrying 5 to 15 years in prison. Medical cannabis is fully legal through ANVISA-regulated channels, and a sweeping set of 2026 resolutions (RDC 1.012–1.015/2026) is opening licensed domestic cultivation for the first time.

Brazil Cannabis and Hemp Overview

Brazil's cannabis status is the product of a court ruling, not a statute — and that distinction matters. Congress never voted to decriminalize anything. The STF held that criminally punishing personal cannabis possession under Article 28 was unconstitutional, fixed 40 grams (or six female plants) as the presumptive line between user and trafficker, and made that standard binding on police and courts nationwide until Congress legislates its own threshold. Congress, for its part, has been pushing in the opposite direction: the Senate approved constitutional amendment PEC 45/2023 in April 2024 to write the criminalization of any-quantity possession into the Constitution. Meanwhile, the medical side of the market has become one of the fastest-growing in the world — roughly 870,000 registered patients by 2026 — and ANVISA, under a deadline set by the Superior Tribunal de Justiça's November 2024 hemp ruling, finally published cultivation and production rules in February 2026.

What Brazilian Law Actually Says

Law 11.343/2006 remains the controlling statute. Article 28 makes possession for personal use an offense punishable only by non-custodial measures: a formal warning, community service, or a mandatory educational course. No jail, and after RE 635659, no criminal record for cannabis within the 40-gram limit. The 40g/six-plant threshold is a rebuttable presumption, not a hard ceiling in either direction — scales, baggies, cash, or messaging evidence can still support an Article 33 trafficking charge below 40 grams, and a defendant above the line can still prove personal use. Article 33 punishes sale, transport for sale, and supply (even without payment) with 5 to 15 years plus fines; the transnational aggravator in Article 40 adds one-sixth to two-thirds for cross-border cases. PEC 45/2023 passed the Senate on April 16, 2024, but has stalled in the Chamber of Deputies, where the special committee had still not been installed as of mid-2026 — so the STF standard governs on the street today.

Medical Cannabis and the 2026 ANVISA Overhaul

For six years, Brazilian patients relied on RDC 327/2019 pharmacy products (mostly CBD-dominant) and individual import authorizations under RDC 660/2022. On February 3, 2026, ANVISA published four resolutions that rebuilt the framework — the culmination of the consultation process we tracked in our briefing on ANVISA's overhaul of the medical cannabis rules. RDC 1.015/2026 replaces the 2019 regime: eligible conditions expand beyond palliative care to serious debilitating diseases such as fibromyalgia, lupus, chronic pain, and epilepsy; administration routes now include sublingual, buccal, dermatological, and inhalation; dentists join physicians as prescribers; and compounding pharmacies may prepare CBD-isolate formulations. RDC 1.013/2026 authorizes licensed domestic production with traceability and security controls, RDC 1.012/2026 covers research cultivation, and RDC 1.014/2026 regulates non-profit patient associations while prohibiting commercialization. The cultivation rules take effect in August 2026, implementing the STJ's holding that hemp at or below 0.3% THC cannot be banned when grown for medicinal and pharmaceutical purposes.

What This Means for Travelers

There is still no legal way to buy recreational cannabis in Brazil — no dispensaries, no clubs, no tolerated retail. If you are caught with a personal quantity under 40 grams, expect the product to be seized and your details taken; you may be brought to a delegacia to be identified, but you should leave without a criminal charge. Buying on the street means transacting with someone committing a felony, and circumstances (multiple bags, scales, quantity just over the line) can convert your situation into a trafficking investigation. Never carry cannabis through an airport or across a border: international movement is trafficking with enhanced penalties, regardless of quantity. Medical patients traveling to Brazil should carry their prescription and ANVISA documentation, keep products in original packaging, and stick to non-smokable formats. Public consumption remains sanctionable and draws police attention, especially during large events.

What This Means for Operators

There is no adult-use market to enter and none on the horizon — the live opportunity is medical and industrial. The market is pivoting from import-dependence to domestic manufacturing: RDC 1.015/2026 explicitly authorizes importing cannabis plants and extracts as pharmaceutical inputs, and RDC 1.013/2026 opens licensed cultivation from August 2026 under pharmaceutical-grade controls. Expect ANVISA sanitary authorization requirements, GMP compliance, full batch traceability, and Portuguese-language dossiers and labeling. Patient associations remain a distinct non-commercial channel. The unresolved variables are the final THC limit architecture for domestic cultivation and whether Congress moves on PEC 45 or a broader cannabis statute — both worth monitoring before committing capital.

Frequently Asked Questions

What happens if I'm caught with less than 40 grams of weed in Brazil?
Police seize the cannabis and record the incident, and you face at most administrative measures — a warning, community service, or a drug-education course. No prison and no criminal conviction, unless trafficking indicia (scales, packaging, sales messages) rebut the personal-use presumption.

Can tourists buy weed legally in Rio or São Paulo?
No. There are no legal recreational sales anywhere in Brazil. The 2024 STF ruling protects possession, not purchase or supply — every sale is a felony for the seller.

Is medical marijuana legal in Brazil?
Yes. Products are dispensed by pharmacies on prescription, and the 2026 ANVISA rules expanded eligible conditions, added inhalation and sublingual routes, and let dentists prescribe. Around 870,000 patients are registered.

Can I grow cannabis at home in Brazil?
The STF ruling extends the personal-use standard to six female plants. Larger grows, any sale, or supplying others remains trafficking under Article 33. Licensed commercial cultivation only becomes possible under RDC 1.013/2026 from August 2026.

Is CBD legal in Brazil?
Yes, as a prescription product through pharmacies or authorized imports — Brazil has no free-retail CBD market, and ANVISA's 2026 labeling rules prohibit marketing terms like "CBD oil" and "full spectrum" on pharmaceutical products.

Will Brazil legalize recreational marijuana?
Momentum points the other way. PEC 45/2023 — which would constitutionalize criminal prohibition of possession — passed the Senate and sits in the Chamber. No legalization bill is advancing as of August 2026.

This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Brazilian drug law leaves meaningful discretion to police and courts, and rules change. Travelers and operators should verify current requirements with Brazilian counsel. Find one in our Cannabis Lawyer Directory.