After nine years of trial, the majority of the Supreme Federal Court decided this Tuesday (25) in favor of decriminalizing the possession of marijuana for personal use and defining an amount to differentiate between users and traffickers.
With this, the court has reached an understanding that this will no longer be a crime in Brazil. However, it remains an illicit act, meaning it is still prohibited. This Wednesday (26), the court is expected to define the exact amount to differentiate users from traffickers.
The final decision is still pending because ministers differed on the interpretation of the constitutionality of the article in the Drug Law concerning marijuana.
Overall, the president of the court and the ministers Alexandre de Moraes, Edson Fachin, Rosa Weber (already retired), and Gilmar Mendes voted for the unconstitutionality of the law.
On the other side, the ministers Cristiano Zanin, André Mendonça, and Kassio Nunes Marques voted against decriminalization and in favor of the law's constitutionality.
As Folha showed based on a study by Insper, for the São Paulo police, the difference between a trafficker and a drug user may depend on skin color.