Brazil: Supreme Court Affirms Adults Can Possess, Grow Marijuana for Personal Use

Brasilia, Brazil: Brazilians may possess up to 40 grams of cannabis and home-cultivate up to six marijuana plants without the threat of arrest or incarceration, according to a determination by members of the Supreme Federal Court.

The decision affirms and clarifies an earlier decision depenalizing low-level marijuana possession. The use of cannabis in public remains subject to administrative penalties. Cannabis trafficking remains punishable by criminal penalties.

An estimated 25 percent of Brazilian prisoners are serving time for minor drug possession offenses.

In 2018, South Africa’s highest court similarly determined that the use of marijuana by adults in private is constitutionally protected behavior. Lawmakers eventually signed legislation into law in 2024, codifying the personal use of marijuana by adults.