Last verified: March 2026

Decriminalized — Politically Unstable

The June 2024 Supreme Court Ruling

In June 2024, Brazil's Supreme Federal Tribunal (STF) completed a years-long deliberation and ruled that personal drug use cannot be criminalized. The court established:

• 40 grams of cannabis as the personal possession threshold.
• 6 plants for home cultivation.
• Amounts under the threshold are treated as administrative matters, not criminal offenses.
• The ruling applies to all persons in Brazil, including tourists.

Conservative Backlash and Political Instability

The Supreme Court ruling faces significant political opposition:

• Brazil's Congress, dominated by conservative evangelical and rural caucuses, has introduced constitutional amendments to override the Supreme Court ruling.
• Multiple Brazilian states have challenged implementation.
• The political environment is hostile to drug liberalization, and the ruling may not survive future political shifts.
• As of March 2026, the ruling stands but its long-term stability is uncertain.

The User/Trafficker Problem

The most dangerous aspect of Brazilian drug law is the subjective distinction between "user" and "trafficker":

• Even with the 40g threshold, police retain discretion in determining whether someone is a user or trafficker.
• Racial bias is well-documented: Black and mixed-race Brazilians are disproportionately classified as traffickers for the same quantities that white Brazilians are classified as users.
• Foreign tourists may face unpredictable classification depending on the officer, location, and quantity.
• Being classified as a trafficker carries severe criminal penalties.

Cannabis Culture in Brazil

• Rio de Janeiro: Cannabis culture exists openly in many neighborhoods, but enforcement is unpredictable. Avoid using near favelas where police operations are frequent and violent.
• São Paulo: More discreet but with an active scene in Vila Madalena and Pinheiros neighborhoods.
• Florianópolis: Southern beach city with a relatively relaxed cannabis culture.
• Northeast beaches: Jericoaquara, Pipa, and similar beach destinations have tolerant local cultures.

What NOT to Do

• Do NOT carry cannabis near favelas or areas with heavy police presence. Military police operations in these areas do not distinguish carefully between users and traffickers.
• Do NOT carry amounts near the 40g threshold. Stay well under to avoid any trafficker classification risk.
• Do NOT assume the ruling will remain in effect. Check current status before traveling.
• Do NOT cross any border. Argentina, Paraguay, Bolivia, and all other neighboring countries have their own drug laws.

Official Sources

• Supreme Federal Tribunal (STF)
• Brazilian Ministry of Justice