Is Weed Legal in Brazil? What the STF's 40-Gram Rule Means

On 26 June 2024, after a case the Supreme Federal Court (STF) had accepted for review in 2011, the justices fixed the rule that now governs every police stop involving cannabis in Brazil. RE 635659 did three things: it took personal possession out of criminal law, it set a quantity that separates a user from a dealer, and it left everything else in the Drug Law (Law 11.343/2006) standing.

Ruling

STF, RE 635659, 26 June 2024

Presumed personal use

Up to 40 g or 6 female plants

Penalty

Warning + educational program, non-criminal

Criminal record

No

Selling

Trafficking, still a crime

Legal purchase

Only prescription products

What the Supreme Court decided

The court held that acquiring, keeping, storing or carrying cannabis for personal consumption is not a crime but an administrative infraction without criminal consequences, according to the STF's own summary. That removes the entry on a criminal record.

The sanctions are two of those already listed in article 28 of the Drug Law: a warning about the effects of the drug and attendance at an educational program or course, applied in a non-criminal procedure. The court also asked the National Council of Justice to organize compliance and review prison sentences imposed outside the new parameters.

40 grams is a presumption, not an allowance

The justices stressed that the 40-gram and six-plant figures are a relative presumption. Police can overturn it with evidence of dealing, and a judge can accept a larger amount as personal use.

Six plants is not permission to grow

The six-plant figure helps police and judges classify a case; it does not authorize home cultivation. Growing is lawful only under specific authorizations: individual court orders obtained by some patients and associations, or, since August 2026, ANVISA Special Authorization for companies growing plants with under 0.3% THC for medical and pharmaceutical use. See our guide to hemp in Brazil.

Where you can legally get cannabis in Brazil

Only through medical channels. Pharmacies and drugstores dispense ANVISA-authorized products against a prescription under RDC 1.015/2026, patients may import for personal use under RDC 660/2022, and members of patient associations receive oils with a prescription. Our explainer on ANVISA's 2026 rules covers each route.

What visitors should know

• There are no shops where a tourist can buy cannabis legally.
• Whatever you buy on the street was sold illegally, even if carrying it is not a crime.
• Police can seize it and take you to a station; the STF ruling does not change that.
• Bringing cannabis products into Brazil requires ANVISA authorization linked to a prescription.

Could Congress reverse it?

Possibly. Congress has pushed back with a proposed constitutional amendment that would criminalize possession of any amount.

1. 2024-04-16

   Senate approves PEC 45/2023 by 52 votes to 9 and sends it to the Chamber of Deputies.

2. 2024-06-12

   Chamber's Constitution and Justice Committee approves the PEC; a special committee must examine it next.

3. 2024-06-26

   STF fixes the 40 g / six-plant thesis in RE 635659.

The Chamber's tracking page, checked on 28 September 2026, showed the PEC still waiting for its special committee to be formed, with no plenary vote. Until one happens, the STF thesis applies; the court rejected appeals against the ruling in February 2025 and the decision became final on 18 March 2025. This page is general information, not legal advice.