Are you wondering Is cannabis legal in Brazil? In 2025, this question is more relevant than ever for travelers and locals alike. In this article, we’ll take a look at how Brazilian cannabis legislation has evolved and what it means for you.
Historical context: The evolution of cannabis legislation in Brazil
Brazil has a complex history with cannabis , influenced by cultural, political and international factors. In the early 20th century, cannabis use was common in some communities, particularly among Afro-Brazilians descended from African slaves. However, under the influence of international conventions and pressure from the United States, Brazil began to criminalize cannabis in the 1930s.
The Narcotics Act of 1938 marked the beginning of prohibition, classifying cannabis as other dangerous drugs. For decades, possession and use were severely punished, contributing to prison overcrowding. In the 1990s, the country began to reevaluate its position, faced with the failure of the war on drugs and the associated social costs.
In 2006, with Law No. 11,343, Brazil decriminalized possession of small amounts for personal use , replacing prison sentences with administrative sanctions. This law was considered progressive, but was also criticized for its lack of clarity on what constitutes a “small amount,” leaving room for interpretation by law enforcement. Understanding this evolution of cannabis legislation is essential to understanding the current issues.
The legal framework of cannabis in Brazil in 2025
As of 2025, Brazil’s cannabis legislation remains a mix of limited decriminalization and criminalization. The law has not set a specific threshold for what is considered possession for personal use, but in practice, courts generally consider anything less than 20 grams to be personal use. Anything above that can lead to a person being charged with drug trafficking, a much more serious offense.
Penalties for possession for personal use include warnings, community service obligations or participation in educational programs on the effects of drugs. These measures aim to adopt a more health-based approach than a punitive one. However, the cultivation and sale of cannabis remains illegal, with prison sentences ranging from 5 to 15 years in prison , in addition to heavy fines of up to R$1.5 million .
Despite these measures, law enforcement varies considerably across regions and local authorities. In some large cities, such as São Paulo and Rio de Janeiro, the police are more tolerant of small-scale users. Conversely, in other regions, law enforcement maintains a repressive attitude, creating inequalities in the treatment of citizens.
Medical Cannabis in Brazil
The use of medical cannabis has been the subject of intense debate in Brazil. In 2015, Anvisa authorized the importation of cannabidiol (CBD) products for specific medical treatments. However, these products were often imported at high costs, sometimes exceeding 2,000 reais per month , making access difficult for the majority of patients.
In 2019, Anvisa approved the domestic production of cannabis products for medical purposes, reducing costs and facilitating access. By 2025, there are more than 50 Brazilian companies authorized to produce cannabis-based medicines. These treatments are prescribed for a variety of conditions, including epilepsy, Parkinson's disease, multiple sclerosis and chronic pain .
Despite these advances, medical cannabis is not covered by the public health system (SUS), forcing patients to bear the costs themselves. Patient associations are campaigning for state coverage, arguing that this could improve the quality of life of thousands of people.
The decriminalization of cannabis in Brazil
The Federal Supreme Court’s decision in 2024 was a significant turning point. In deciding a case of possession for personal use, the Court held that criminalizing possession of drugs for personal use was unconstitutional because it violated the right to privacy and personal liberty. This decision effectively decriminalized possession of all drugs for personal use, including cannabis.
However, decriminalization does not mean legalization. While individuals are no longer criminally prosecuted for possession for personal use, the production, distribution and sale of cannabis remains illegal. Furthermore, no measures have been taken to regulate the market or ensure the quality and safety of the products consumed.
This decriminalization has also highlighted social inequalities in Brazil. In previous years, disadvantaged populations, particularly young black men, were overrepresented among those arrested for cannabis-related offenses. Decriminalization aims to reduce these disparities and limit the impact of the criminal justice system on these communities.
The social and political issues of legalization
The issue of legalizing cannabis is at the heart of public debate in Brazil. Proponents put forward several arguments in favor of legalization. First, it could reduce the income of criminal organizations, which generate billions of reais each year from drug trafficking. Second, legalization would allow for market regulation, ensuring product quality and protecting consumers.
In economic terms, the cannabis industry could create more than 300,000 direct and indirect jobs , according to independent studies. The tax revenues generated could be invested in education, health and public safety. Countries like Uruguay and Canada, which have legalized cannabis, are often used as examples to support these arguments.
Opponents, on the other hand, fear that legalization will lead to an increase in consumption, especially among young people. They point to the risks to mental health, including psychosis and addiction. In addition, some political and religious leaders oppose any form of drug liberalization on principle.
The incumbent president in 2025, while progressive on some issues, has expressed reservations about legalizing cannabis. He has called for a thorough national debate, involving health experts, economists, civil society representatives and parliamentarians. Brazil's Congress is also divided, with bills for and against legalization stuck in committees.
The Future of Cannabis in Brazil
The future of cannabis in Brazil remains uncertain. Several scenarios are possible. On the one hand, the country could follow the global trend and legalize cannabis for recreational purposes , with strict regulation of the market. On the other hand, it could maintain the status quo, with limited decriminalization and illegal production.
International influences play a role. The Organization of American States (OAS) and some United Nations agencies have recommended a more flexible approach to drug policy. In addition, economic pressure to generate new revenue streams post-pandemic could prompt the government to consider legalization.
Civil society and social movements continue to advocate for change. Recent polls show that 55% of Brazilians support the legalization of medical cannabis, while 35% support recreational legalization. These numbers have increased by 10% in the last five years, reflecting a shift in attitudes.
In conclusion, the answer to the question Is cannabis legal in Brazil? is nuanced. In 2025, cannabis is not legal, but possession for personal use is decriminalized. Medical cannabis is allowed in some cases, but access remains limited. The future will depend on many factors, including political will, social movements, and economic dynamics. Staying informed of developments is essential to understand the implications for citizens and visitors to Brazil.
