Is Marijuana Legal in Brazil?

Recreational cannabis is illegal in Brazil. However, in 2006, the government changed rules around small-scale possession and cultivation for personal use.

Technically, these infringements no longer come with criminal penalties. But police are allowed to use their discretion regarding whether use or possession is considered dealing, meaning that use and possession can sometimes face harsh penalties.

Distribution, sale, and larger-scale cannabis cultivation are illegal in the country.

Medicinal cannabis is legal but regulated by several laws. For example, certain types of products are limited to people who are terminally ill without any other remaining treatment options.

What Are the Medical Marijuana Laws in Brazil?

In 2015, the Brazilian Health Regulatory Agency (ANVISA) approved certain marijuana-based medications for medicinal use under a doctor’s prescription.

Products with greater than 0.2% THC can be prescribed to patients with a terminal illness, given that all standard treatment options have been ineffective.

Approved products can be sold at pharmacies, given patients have a prescription. And in a newsworthy ruling in 2022, Brazil’s Superior Court of Justice stated that three specific patients could cultivate marijuana at home to use its oil for medical purposes.

This ruling is likely to set a precedent for other causes. However, this has not yet been regulated, so those who home cultivate medical cannabis are not protected.

How Much Cannabis Can I Possess in Brazil with an MMJ Card?

Currently, Brazil does not use MMJ cards. Cannabis products are only given under prescription, and home cultivation is still strictly regulated.

While three individuals have been granted permission to cultivate cannabis for medical use, there are no legal protections for cultivation and possession.

How Do I Get Certified for Medical Cannabis in Brazil?

Cannabis-based products, such as nasal sprays and oral formulations, must be prescribed by your doctor.

Currently, products with over 0.2% THC are only considered for terminally ill patients who have had no success with any traditional treatment options. However, products with less than 0.2% THC can be prescribed more freely.

Is Telemedicine Allowed for Medical Cannabis Consultations in Brazil?

There are no specific regulations around telemedicine appointments for cannabis prescriptions.

Some clinics specializing in medical cannabis do offer telemedicine. It is best to talk to your doctor or clinic regarding telemedicine.

Are There Any Employment Laws Protecting Medical Cannabis Cardholders in Brazil?

Few specific laws exist addressing protections for medical cannabis users. However, there are legal protections when it comes to drug testing.

For instance, the general view of the Labour Courts is that drug testing must be carried out with a justification related to safety. For example, drivers can legally be drug tested regularly.

What Are the Medical Cannabis Product Testing Requirements in Brazil?

Medical cannabis is strictly regulated by the Brazilian Health Regulatory Agency (ANVISA).

Several different requirements must be met for a product to be sold as a medical cannabis product. These requirements include:

• Having THC or CBD as primary ingredients.
• Being rigorously tested pharmaceutical-grade products.
• Being oral or nasal administered products only.

In addition, there must be clear evidence showing that the product is safe for human consumption and effective for the medical conditions it is approved for. The manufacturing process must also meet specific quality assurance standards.

In Brazil, cultivation for medical research is allowed, but only in some cases which have been strictly regulated. However, any resulting products must meet the rigorous testing standards outlined above.

Is It Legal to Grow Cannabis in Brazil?

It is technically illegal to grow cannabis plants for recreational purposes in Brazil. Significant offenses can lead to 5-15 years of jail time.

However, small-scale cultivation for personal use has technically been decriminalized. In theory, those caught growing marijuana should be given a warning, education, or community service.

With that said, people have been harshly punished for possessing or cultivating small amounts of cannabis.

In 2022, a landmark ruling from the Superior Court of Justice allowed three people/families to cultivate cannabis at home for medicinal purposes to treat chronic or terminal illnesses.

This case will likely set a precedent, allowing very sick people to do the same. However, there are no current legal protections for cultivating medical marijuana at home.

Where Is It Safe to Purchase Cannabis in Brazil?

Depending on your condition, you can be safely prescribed medical cannabis products by your doctor. Products under 0.2% THC may be prescribed for various conditions, whereas products over 0.2% are restricted to those with terminal illnesses with no more treatment options left. These prescriptions can be filled at a pharmacy.

Generally, it is unsafe to buy recreational cannabis as this is illegal. There is no guarantee of safety or product quality, and there is a possibility of facing harsh penalties.

Where Is It Safe to Consume Marijuana in Brazil?

It is safest to consume medical marijuana products at home. However, there are no specific public use guidelines because only oral or nasally-administered products can be used legally.

It is important to remember there are currently no legal protections for those who cultivate and use marijuana for medical purposes.

Consumption of recreational cannabis is illegal but decriminalized. However, due to police discretion, it is still possible to face severe punishments for recreational use. Therefore, it is safest to avoid recreational use.