Is weed legal in brazil? – A Complete Guide

Are you confused? Is weed legal in brazil or not. What to do and what not to do.

It is against the law to consume or have the pot in Brazil. However, if caught with tiny amounts for personal use, the criminal will be sentenced to community service, an educational treatment program, or a warning instead of prison. It’s a step closer to decriminalization, but the far-right administration in Brazil may have other ideas.

Is it legal to own and use marijuana in Brazil?

In Brazil, it is unlawful to consume or have any measure of marijuana.

While the ‘New drug trafficking Law’ (Law 11,343 of 2006) didn’t decriminalize individual utilization, it changed Brazil’s way of managing wrongdoers with any illegal opiate, including weed. Those who “acquire, keep, store, transport, or carry for personal use medications without authorization” now face the following penalties:

  • A cautionary note regarding the dangers of cannabis-based medicines
  • A requirement to perform community service or enroll in a program or school course.

To decide if such products were for individual use or not, the adjudicator should think about the accompanying elements:

• The sort and amount of marijuana seized

• Where it was seized

• The conditions wherein it happened

• The wrongdoer’s experience (for example, earlier offenses)

• Their conditions

Is it lawful to sell cannabis in Brazil?

The deal and supply of marijuana, as per Brazil’s New Drug Law, is an undeniably more genuine offense than individual utilization.

Therefore, importing, exporting, preparing, producing, selling, offering, transporting, delivering, or giving medical cannabis will result in a five to a fifteen-year prison sentence. This was increased from the previous three-year minimum punishment in 2006.

Because money isn’t the principal objective, punishment is meted out even if international cannabis companies are given away for free. So all things being equal, it’s the demonstration of providing the medication that is the issue. In these cases, notwithstanding, the discipline is typically less severe.

The TNI Drugs & Dependency Program, for example, has discovered problems with this strategy. A recent report emphasized Brazil’s overcrowded jail population, noting that many imprisoned for drug offenses were small-scale dealers rather than large-scale traffickers.

For example, 61.5 percent of convicted cocaine traffickers in Rio de Janeiro were prosecuted individually.

That suggests they weren’t part of a group and were detained on their own. In addition, 66.4 percent were first-time offenders found with personal amounts of marijuana.

Is it possible to grow marijuana in Brazil?

Cannabis growing is prohibited in Brazil. On the other hand, the New Drug Law treats limited growing for private use in the same way it treats owning small amounts of marijuana.

Suppose a person has detected growing medical cannabis plants solely for personal use. They may be given a warning or ordered to perform a cannabis cultivation service or participate in an educational program.

Is CBD a legal and controlled substance in Brazil?

CBD is legal in Brazil. However, because it is considered a medicine rather than a supplement, it is only available with a prescription.

Hempstead was the first company in Brazil to export CBD oil. As a result, they have over 3,000 consumers who utilize their cannabis products, accounting for roughly half of all CBD users.


“Brazil has amazing natural resources, good soil,” says Caroline Heinz, vice-president of Hempstead. However, today, the law prohibits us from [growing cannabis].” She believes that CBD oil would be much cheaper if the law allowed growth.

Is it conceivable to send weed seeds to Brazil?

Cannabis is banned in Brazil, and all plant elements, including the seeds, are prohibited (unless narrowly approved for medicinal and industrial purposes). This means that medical cannabis seeds cannot be sent into the nation.

In Brazil, medicinal cannabis is legal. Do you know?

In 2015, Brazil’s National Sanitary Vigilance Agency legalized the therapeutic medical use of cannabis for the first time. However, it only allowed people with multiple sclerosis to take Metavyl (the Brazilian name for Sativex).

Since then, patients have been given other treatment options, albeit they are still limited. For example, patients with microcephaly and epilepsy are given cannabis in brazil as a treatment.

Be that as it may, there is an issue with the cost. “The truth is that we can’t get the treatment,” Suzana, the mother of a two-year-old who has recurrent seizures, told The Brazilian Report. We’ve done it previously. However, can we rehash it for medicinal purposes? That is the issue we posture to ourselves.”

Obtaining medicinal cannabis in brazil is also a difficult task. Therefore, the patient must first obtain a prescription from their doctor, after which they must comply with Anvisa’s regulatory criteria.

They must also fill out a medical report supporting their use of the medicine and estimating how long they will need it.

The patient can lawfully purchase cannabis-based products from abroad websites and import them into the country once they obtain authorization.


This procedure may become more straightforward in the future. Toward the finish of 2018, a bill was passed that legitimized the utilization and development of marijuana for medicinal and industrial purposes.

As a result, patients can develop it at home, unafraid of being indicted the same length as getting a specialist’s solution.

The Senate’s Social Affairs Committee has acknowledged the action, yet the Senate should pass it. Also, President Jair Bolsonaro, to become regulation. This might be easy to talk about but not so easy to do, given Bolsonaro’s extremely intense enemy of medication mentality.

Brazil’s modern hemp

The Brazilian government recently grouped hemp as a sort of weed. Thus, developing hemp in the nation was restricted, and there was no hemp industry.

The Brazilian National Health Surveillance Agency (ANVISA) supported the solution of Cannabis Sativa-determined drugs for clinical use under indicated conditions in 2015.

In 2019, limitations changed, and ANVISA’s new guideline, RDC 327, considered the offer of weed items in Brazilian remain illegal drug stores and mass imports.

A judge in the federal university District of Brasilia approved the growth of hemp, but exclusively for Terra Viva. The visa allowed the corporation to produce hemp and sell its seeds, leaves, and fiber as long as the THC content was less than 0.3 percent.


A conservative lawmaker was sent to Brazilian congress in August 2020, allowing Brazilian farmers to produce marijuana for industrial and medical purposes. The Brazilian Chamber of Deputies requested PL 399/2015 on June 8, 2021, legitimizing weed improvement for medical and industrial purposes.

By December 2022, the bill will be evaluated and refreshed.

History of Cannabis

It’s unclear when industrial cannabis originally arrived in Brazil. Some researchers believe it was brought into the country by enslaved Africans who sneaked seeds into the country through the clothing of rag dolls. It’s additionally possible that it was presented by Portuguese colonizers (who utilized it casually).

The herb was commonly used. It was utilized by people from many walks of life, including the Portuguese Royal Court. For example, Queen Carlota Joaquina, Emperor Don Joao VI’s wife, was near death in 1817.

She mentioned her captive to “bring an implantation of damba do Amazonas hemp filaments,” and she got a combination of marijuana and arsenic. While she was biting the dust, this combo purportedly desensitized the torment.

Enslavers blamed cannabis for their slaves’ lower productivity in the 1800s and demanded that it be banned. Rio de Janeiro was the first city to outlaw it in 1830, with fines for violators. However, historians argue that Afro-Brazilians were disproportionately punished.


Brazil was a driving force behind the prohibition of recreational cannabis and cultivation project in other countries. Specialist Pernambuco Filho e Gotuzzo, talking at a League of Nations meeting in 1925, depicted pot as “more unsafe than opium.”

This meeting is now widely recognized as a watershed moment in cannabis in Brazi legislation worldwide, with other Latin American countries following suit shortly after.

Attitudes about marijuana

Cannabis attitudes in Brazil are frequently linked to politics. For example, President bolsonaro, the country’s far-right leader, is opposed to cannabis in brazil reform and has previously stated that he will enact draconian drug legislation.

However, it’s crucial to remember that he received 55 percent of the vote in the election, demonstrating that many Brazilians support him.

Some of Brazil’s most well-known evangelicals prescribed cannabis legalization. But, on the other hand, Silas Malafaia, a TV preacher, accepts that weed hurts the body and the country. “Would it be advisable for us we truly sanction something that will wind up cost-prohibitive the state significantly more?” he said as of late.

Other politicians, on the other hand, take the opposite attitude. “Prohibition plays a role in the production of violence in nations with tremendous socioeconomic inequality, like Brazil,” says Renato Cinco, a socialist municipal councilman.


Similarly, in 2018, the Workers’ Party of Brazil submitted a law that, if passed, would make cannabis legal, allowing the country to establish a commercial market and allowing individuals to grow cannabis up to six plants for personal enjoyment.

Given the present government’s attitude toward the drug, the measure is unlikely to pass, but it shows widespread support in Brazil for cannabis legalization.

Demanding that marijuana be legalized

Thousands of people travel to Rio de Janeiro to participate in the Marijuana March every year.

In addition, activists worldwide are coming together to demand cannabis legalization at this event (in locations like Copenhagen, Munich, and Bangkok).

The 5,000 or so marchers aren’t the only ones coming down on the public authority. Instead, prominent political characters have straightforwardly examined the advantages of decriminalization.

Luis Roberto Barroso, for example, transformed into the fourth of the country’s eleven Supreme Court Justices to pronounce his assistance for it in 2017.


Essentially, various clinical analysts and terminally ill patients are upholding the legitimization of medicinal marijuana to treat ongoing ailments.

They are, nonetheless, confronted with areas of strength. For example, moderate gatherings are acquiring power in Brazil, unyieldingly against decriminalization.

Dealing with opiates

Rough wrongdoing is a significant issue in Brazil. It has one of the most incredible manslaughter rates on the planet, with a pace of 27.1 per 100,000 individuals. Moreover, drug dealing and the subsequent posse battling are a significant wellspring of viciousness.

Many medication bootleggers use it as a travel nation, and some of the boundaries are just daintily watched.


Cocaine, on the other hand, is a much more severe problem in the country than cannabis. According to a recent study, cocaine use in Brazil is four times greater than the global norm.

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