According Reuters the Superior Court of Justice, Brazil’s highest appeals court for non-constitutional cases, has “agreed to decide whether farmers and companies can grow cannabis in Brazil, which may open up the possibility of legalizing marijuana for medical and industrial use after recent legislative efforts have stalled.”
According to Reuters, DNA Solucoes em Biotecnologia a biotech firm is bringing the case. They are “pleading for the right to import cannabis seeds and plant cannabis with higher cannabinoids (CBD), and less tetrahydrocannabinol [THC], a psychoactive ingredient in the plant”),” as per Reuters.
Reuters reported the appeals court’s decision “was made public March 14, and established its jurisdiction to establish a nationwide precedent concerning the import and cultivation of cannabis seeds.”
This decision had immediate consequences.
According to the outlet, “Now all cases regarding the permission to grow cannabis in Brazil will be frozen until the STJ takes a final decision and makes a bid.” Brazil allows for the production and sale of cannabis, however companies have to import key ingredients. It is expected that the court will issue its final decision on cannabis within the year. This could be a landmark in a subject that has been criticized by Brazil’s conservative Congress.
The Superior Court of Justice declared last summer that Brazilian patients can cultivate their own marijuana for medicinal treatment.
The five-judge panel ruled for three patients, who brought the case. They were authorized to grow marijuana medicinally, a decision likely to be used nationwide in other similar cases, reported the Associated Press at that time.
A unanimous court decision allowed “three patients” to grow marijuana and extract the oil to be used in pain relief.
The moralistic discourse that opposes this possibility exists. “It often has a religious character, based upon dogmas, false truths and stigmas,” Judge Rogerio Schietti stated in the ruling. Let us end this prejudice and this moralism which delays the development this issue at legislative level, and often clouds judges’ minds in Brazil.
Brazil has limited legalization for medical cannabis. It is illegal to use recreational marijuana.
Last year’s Brazilian presidential elections did not feature marijuana legalization. Candidates generally avoided the topic.
Luiz Inacio Lula Da Silva was elected the winner. However, it is not clear if that plan would respond to claims from the cannabis community. Benzinga noted that “it remains to be seen if that plan will address the claims of the marijuana community. But, if you look at his broader drug strategy plan, it is safe to assume that it will be humane and more compassionate than the one he had before.”
Reuters provides more information about the country’s weed policies:
Brazil has outlawed the cultivation of Cannabis sativa L in Brazil, which is what makes marijuana and hemp. Researchers and companies that produce cannabis argue Brazil’s tropical climate makes it an ideal location to become a major global supplier.
It is clear that this panel is ready to set precedents on the matter, as evidenced by its decision to decide the case in the Superior Court of Justice.
Reuters cited Victor Miranda from Brazil, who said that the STJ’s decision on precedent in the matter was consistent and legal with Brazilian jurisprudence. However, it did not give any indication of its final ruling on merits.
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