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Brazil Becomes the Largest Nation to Decriminalize Marijuana

The country’s Supreme Court voted to remove criminal penalties for possession of up to 40 grams of marijuana.

A group of people marching in a street and a sign in Portuguese that says, “Legalize now!”
Demonstrators holding a banner that reads in Portuguese, “Legalize now,” during a march this month in São Paulo.Credit...Andre Penner/Associated Press

Jack Nicas and

Reporting from Rio de Janeiro

Brazil decriminalized marijuana for personal use on Wednesday, making the nation of 203 million the largest to take such a measure and the latest sign of a growing global acceptance of the drug.

Brazil’s Supreme Court ruled that Brazilians could possess up to 40 grams of cannabis — roughly enough for 80 joints — without facing penalties, a decision that would take effect within days and stand for the next 18 months.

The court asked Brazil’s Congress and health authorities to then set the permanent amount of marijuana that citizens could possess. Selling marijuana remains a criminal offense.

Thousands of Brazilians are serving prison sentences for possessing an amount of marijuana below the new threshold, legal analysts said. It is unclear how the decision would affect those convictions.

Many are Black men, who represent 61 percent of drug-trafficking prosecutions but 27 percent of the population. Studies have shown thousands of Black Brazilians have been convicted in situations that have led to lesser or no charges against white people.

Brazil has long taken a harsh criminal approach to drugs, so its decision to effectively allow citizens to smoke marijuana is part of a remarkable shift in public opinion and public policy on the drug over the past two decades. More than 20 countries have now decriminalized or legalized recreational use of marijuana, most in Europe and the Americas.


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