Court Ruling Could Lead to Cannabis Planting in Brazil

According to Reutersthe High Court of Appeals (STJ), which serves as Brazil’s highest court of appeals for unconstitutional issues, said that “companies and farmers have agreed to decide whether cannabis can be planted in the country. It could open the door to organic cultivation, which has been used for medical and industrial purposes in recent years after legislative efforts stalled.”

The lawsuit was brought by a biotechnology company called DNA Solucoes em Biotecnologia. The company claims the right to import and grow cannabis “seeds with high levels of cannabinoids such as cannabidiol (CBD) and low in the psychoactive ingredient tetrahydrocannabinol (THC),” according to Reuters. ,

Reuters reported The appeals court’s decision “was made public on March 14, establishing national precedent jurisdiction over seed imports and cannabis cultivation.”

And the decision had immediate repercussions.

“Currently, all pending cases regarding permits to plant cannabis in the country are frozen until STJ makes a final bid decision,” the outlet said. “Brazil allows the sale and production of cannabis products, but companies must import key ingredients. It could pioneer a topic rejected by many in Brazil’s conservative parliament, such as the Supreme Court’s 2011 ruling that opened the

Last summer, the Supreme Court ruled that Brazilian patients can grow cannabis themselves for treatment.

In its decision, a panel of five judges ruled in favor of the three patients who filed the lawsuit, “allowing them to grow cannabis for treatment. could be applied nationwide.” The Associated Press reported at the time.

By unanimous decision by the court, “three patients [to] Cultivate cannabis and extract its oil to use for pain relief. “

“This discourse against possibility is moral. It often has a religious character based on dogma, false truth and stigma,” Judge Rogerio Schietti said in his ruling. “Let’s stop this prejudice, this moralism that has slowed down the progress of this issue in Congress and so many times clouded the minds of Brazilian judges.”

Medical cannabis is legal in Brazil, but there are restrictions. Recreational marijuana use is prohibited.

Marijuana legalization was a low profile in last year’s Brazilian presidential election, and candidates generally avoided the issue.

The winner of that election, Luiz Inácio Lula da Silva, “does not appear to have a very specific plan, especially with regard to cannabis,” Benzinga said, adding that “the plan is not consistent with the government’s claims.” I don’t know yet if I will respond,” he said. the cannabis community; but it’s safe to speculate that it’s more humane than his predecessor if he follows his broader drug policy plan. “

Reuters has more background on national weed policy.

“Brazil has banned the cultivation of Cannabis sativa L, the plant that makes hemp and marijuana. Researchers and cannabis companies believe Brazil’s tropical climate makes it ideal for making it a major global supplier It claims to be suitable for

A ruling earlier this month by the Superior Court of Justice suggests the panel is poised to set a precedent on the issue.

Reuters Brazilian attorney Victor Miranda said, “The STJ’s decision to set a precedent on this issue is consistent with Brazilian jurisprudence, which gave no clear indication of how it would ultimately decide on the merits. ” he said.