Brazil's Supreme Court Decides that up to 40 Grams of Marijuana Differentiate a Trafficker from a User

Judgment on the subject ends after 9 years; court decided on Tuesday (25) that possession of the drug for personal use is not a crime

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STF (Supreme Federal Court) concluded this Wednesday (26) the action regarding the decriminalization of marijuana possession for personal use and set the amount of up to 40 grams or six female plants to differentiate the user from the trafficker. This definition is valid until Congress decides what this limit is. The numbers are relative and should serve as a criterion for the police authorities, who should also consider other factors to decide if someone is a trafficker, even if carrying less than 40 grams. An example cited by the ministers to classify someone as a criminal is if the person is using a precision scale. Another possible evidence is the person having an address book.

Since this Tuesday (25), there is already an understanding that possession for personal use is not a crime, but rather an infraction, without generating penal effects. The official result of the judgment was proclaimed this Wednesday by the president of the court, Luís Roberto Barroso. In the final thesis approved in the plenary, it was defined that "it is not a criminal offense for someone to acquire, keep, store, transport, or carry, for personal consumption, the substance cannabis sativa."

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