Brazil
South America
#32 of 196 worldwide
#5 of 12 in South America
In 2024 the Supreme Court decriminalised possession of up to 40 g or six female plants, now an administrative matter. Medical products are sold in pharmacies; policing remains uneven.
Score breakdown ▏world average
Select a segment to show or hide the exact rules and sources.
Possession · 25%3/10adds 7.5 of 25 points
In June 2024 the Supreme Court ruled that possessing cannabis for personal use is not a crime, and set a presumption: up to 40 g counts as personal use. It is still prohibited — the cannabis is seized and the person receives an administrative measure such as a warning or a mandatory educational course. Police can still treat someone under 40 g as a dealer if there is other evidence, such as scales or packaging.
Personal cultivation · 25%2/10adds 5.0 of 25 points
The same ruling presumes that up to six female plants are for personal use, so growing them is an administrative infraction rather than a crime. It is not a right to grow: plants are seized. Some patients hold individual court orders allowing them to cultivate.
Punishment & enforcement · 20%3/10adds 6.0 of 20 points
Users are no longer criminally punished, but Brazil's drug law is harsh on anyone classed as a dealer, and critics note that the line is drawn unevenly, falling hardest on poor and Black Brazilians.
Sharing & gifting · 10%1/10adds 1.0 of 10 points
Any supply to another person is trafficking, a serious crime with a minimum of five years.
Consumption · 10%2/10adds 2.0 of 10 points
Use remains an unlawful act subject to administrative measures, not criminal ones. Public use still leads to police stops and seizure.
Legal access · 10%1/10adds 1.0 of 10 points
No adult-use sales. Pharmacies sell registered cannabis products on prescription, and patients can import with authorisation from the health regulator.
More context not part of the score
In February 2026 the health regulator published rules allowing companies to cultivate low-THC cannabis (0.3% or less) for medical, pharmaceutical and research purposes under special authorisation, after a 2024 high-court order. The cultivation rules took effect on 4 August 2026, and patient associations may grow for their members in a supervised trial scheme. No adult-use production.
Prescription oils and extracts, mostly CBD-dominant; no legal flower for general sale.
Doctors can prescribe registered or imported cannabis products; costs are high, and patient associations and court-authorised home growers fill part of the gap.
Administrative measures do not create a criminal record. The ruling opened the way to review past convictions for small amounts.
All sources
- Conectas — Brazilian Supreme Court decriminalizes possession of marijuana for personal use
- Global Voices — What changes will arise from the Supreme Court's ruling on personal marijuana use
- Sechat — STF establishes 40 g or 6 female plants for personal use
- GrowerIQ — Brazil's ANVISA publishes five new cannabis resolutions (2026)
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