President of the Senate discussed the issue in the House after the Court resumed trial that could allow possession of the drug
The president of the Senate, Rodrigo Pacheco (PSD-MG), said again on Tuesday (April 23, 2024) that the decriminalization of drug possession for personal consumption cannot be done through a judicial decision. The STF (Supreme Federal Court) analyzes the topic.
“A Science is what determines whether the narcotic substance should be legal or illegal. A judicial decision cannot think about a substance and say: ‘No, this substance in a certain quantity, that becomes legal’. Even decriminalize marijuana and make it legal”, said Pacheco in a speech at the Senate Plenary, adding that an isolated judicial decision could create “perplexity and legal uncertainty”.
The senator suggested that the matter be debated in the “scope of policy”, by Anvisa (National Health Surveillance Agency), by the Executive and by Congress. “There is an issue of power reserve, which is the power of politics to decide this together with Brazilian society, together with the discussions of scientists who can assess this.”
JUDGMENT AT THE STF
The decriminalization of marijuana possession for personal use is being analyzed by the Supreme Court.
On March 6, the STF resumed the action that began to be judged in 2015 regarding the constitutionality of article 28 of the Drug Law (11,343 of 2006), which deals with transportation and storage for personal use. On the same date, the trial was suspended after Minister Dias Toffoli made a request for a review – more time for analysis. He has 90 days to complete.
The score was 5 votes to 3 to decriminalize marijuana possession.
In addition to the decriminalization of personal possession, the Court discusses the requirements to differentiate personal use from drug trafficking. Today, the Drug Law determines that the definition is at the discretion of the judge.
DRUGS PEC
In the opposite direction, the Senate approved, on April 16, PEC (Proposed Amendment to the Constitution) 45 of 2023, which prohibits the possession and possession of all drugs, including marijuana.
The proposal was authored by the president of the Senate, Rodrigo Pacheco (PSD-MG). The senator took the initiative after the STF resumed voting on the decriminalization of marijuana for personal use.
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