Legal status in Brazil
Per-substance legal status for Brazil, from sourced statutes where available. Legal information, not legal advice; drug laws change, so confirm with the destination’s embassy or drug authority before you travel.
Confirmed legal status
1P-LSD
- Legal status
- Controlled in Brazil. The entry read is item 5 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "1P-LSD ou 1-propionil-lsd; 1-dietilamida do ácido propionil-lisérgico; (6ar,9r)-n,n-dietil-7-metil-4-propanoil-6,6a,8,9-tetrahidroindolo[4,3-fg]quinolina-9-carboxamida". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
2-FDCK
- Legal status
- Controlled in Brazil. The entry read is item 15 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "2-FLUORODESCLOROCETAMINA ou 2-(2-fluorofenil)-2-(metilamino)ciclohexan-1-ona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
25I-NBOMe
- Legal status
- Controlled in Brazil. The entry read is item 66 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "25I-NBOMe ou 2-(4-iodo-2,5-dimetoxi-fenil)-n-[(2-metoxifenil)metil]etanoamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Two neighbouring entries were read and rejected before this one was accepted: item 64 is 25I-NBF and item 65 is 25I-NBOH, and neither is this row. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
2C-B
- Legal status
- Controlled in Brazil. The entry read is item 6 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "2C-B ou 4-bromo-2,5-dimetoxifeniletilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
2C-E
- Legal status
- Controlled in Brazil. The entry read is item 9 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "2C-E ou 4-etil-2,5-dimetoxifeniletilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
2C-I
- Legal status
- Controlled in Brazil. The entry read is item 11 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "2C-I ou 4-iodo-2,5-dimetoxifeniletilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Item 64, 25I-NBF, carries the string 2C-I-NBF as a synonym and was read and rejected; the entry relied on is item 11 and nothing else. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
2C-T-7
- Legal status
- Controlled in Brazil. The entry read is item 13 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "2C-T-7 ou 2,5-dimetoxi-4-propiltiofeniletilamina (2c-t-7)". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
3-MMC
- Legal status
- Controlled in Brazil. The entry read is item 19 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "3-MMC ou 3-metilmetcatinona; 2-(metilamino)-1-(3-metilfenil)-1-propanona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
4-AcO-DMT
- Legal status
- Controlled in Brazil. The entry read is item 21 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "4-AcO-DMT ou 4-acetoxi-n,n-dimetiltriptamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Items 20 and 22 of the same list are 4-AcO-DET and 4-AcO-MET, both read and rejected; the entry relied on is item 21 and nothing else. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
5-MeO-DMT (Bufo / Toad)
- Legal status
- Controlled in Brazil. The entry read is item 52 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "5-MeO-DMT ou 5-metoxi-n,n-dimetiltriptamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
7-Hydroxymitragynine (7-OH)
- Legal status
- Controlled in Brazil. The entry read is item 6 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "7-HIDROXIMITRAGININA ou metil (e)-2-[(2s,3s,7as,12bs)-3-etil-7a-hidroxi-8-metoxi-2,3,4,6,7,12b-hexahidro-1h-indolo[2,3-a]quinolizin-2-yl]-3-metoxiprop-2-enoato". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The plant itself is separately named at item 6 of lista E, Mitragyna speciosa, and the other principal alkaloid at item 38 of lista F1. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. A live cell for this row stated that this alkaloid does not appear in the control lists. The annex read this pass names it at item 6 of lista F1, and that correction is mine.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Adderall
- Legal status
- Controlled in Brazil. The entry read is item 1 of lista A3, psychotropic substances, and it reads in full: "Anfetamina". The medicine is a mixture of amphetamine salts, and three lista A3 entries were read for it: item 1 Anfetamina, item 4 Dexanfetamina and item 10 Levanfetamina. All three are in lista A3 and no lista A3 entry names the branded product. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A3 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Amphetamine
- Legal status
- Controlled in Brazil. The entry read is item 1 of lista A3, psychotropic substances, and it reads in full: "Anfetamina". The annex separately carries Metanfetamina at item 155 of lista F2 and Dexanfetamina and Levanfetamina at items 4 and 10 of lista A3, all read and kept apart from this row. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A3 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Amyl Nitrite
- Legal status
- Controlled in Brazil. The entry read is item 136 of lista C1, the list of other substances subject to special control, and it reads in full: "Nitrito de isopentila". Lista C1 adendo 8 forbids the use of isobutyl, isopentyl and isopropyl nitrite for medical purposes and their use as a room aromatiser or in any other way that permits misuse, and adendo 9 excepts them from the regulation when used exclusively for legitimate industrial purposes. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands, set out because a reader needs to see it. This row's placement is lista C1, the special control prescription tier, and the end of this block explains why neither provision below is asserted against it. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Ayahuasca
- Legal status
- Controlled in Brazil. The entry read is item 113 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "DMT ou 3-[2-(dimetilamino)etil] indol; n,n-dimetiltriptamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The brew itself is not an entry. The alkaloid is, at item 113 of lista F2. Of the plants used to make it, lista E names Prestonia amazonica at item 8 but names neither Banisteriopsis caapi nor Psychotria viridis. Article 2 of Lei 11.343/2006 prohibits drugs and the cultivation of the plants from which they can be extracted, saving the hypothesis of legal or regulatory authorisation and what the Vienna Convention of 1971 establishes as to plants of strictly ritual and religious use, which is the statutory hook the religious authorisation hangs on. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. The brew has a route out of that ladder that the alkaloid alone does not. Article 2 of Lei 11.343/2006 prohibits drugs and the cultivation of the plants from which they can be extracted, but the prohibition is expressed as saving the hypothesis of legal or regulatory authorisation and what the Vienna Convention of 1971 establishes as to plants of strictly ritual and religious use. Carried from the live cell and not re-derived this pass, ritual religious consumption by recognised churches is recorded there as authorised and not penalised under Resolucao 1 de 25 de janeiro de 2010 of the Conselho Nacional de Politicas sobre Drogas, while commercial sale, supply to tourists, non religious trafficking and alkaloid extracted from the brew remain within the drug law. The statutory reserve was read this pass and the resolution was not, so the authorisation itself is [Likely], carried.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: Resolucao 1 de 25 de janeiro de 2010 of the Conselho Nacional de Politicas sobre Drogas is recorded there as authorising the ritual religious use of the brew, continuing a line that runs back through a 2004 working group and a 1980s review. The statutory reserve in article 2 of Lei 11.343/2006 was read this pass; the resolution itself was not. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · the religious use authorisation is carried from the live Brazilian cell, attributed there to Resolucao 1 de 25 de janeiro de 2010 of the Conselho Nacional de Politicas sobre Drogas, and was not read this pass · Updated September 21, 2026
Barbiturates
- Legal status
- Controlled in Brazil. The entry read is item 41 of lista B1, psychotropic substances, and it reads in full: "Fenobarbital". This row is a class, and the annex names its members individually in lista B1: item 2 Alobarbital, item 5 Amobarbital, item 6 Aprobarbital, item 8 Barbexaclona, item 9 Barbital, item 13 Butabarbital, item 14 Butalbital, item 19 Ciclobarbital, item 41 Fenobarbital, item 62 Metilfenobarbital (prominal), item 74 Pentobarbital, item 83 Secbutabarbital, item 84 Secobarbital, item 87 Tiamilal, item 88 Tiopental and item 92 Vinilbital. Every one of those was read in the annex this pass. Lista B1 adendo 2 steps four of them down a tier: medicines containing fenobarbital, metilfenobarbital (prominal), barbital and barbexaclona are subject to a Receita de Controle Especial in two copies rather than the lista B1 notification, with the sale under medical prescription with retention wording on the label and leaflet. The other members of the class stay on the lista B1 notification. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: the lista B1 tier is recorded there as transposing the 1971 Convention tiers. The list placement was read this pass, the Convention schedule was not. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Benzodiazepines
- Legal status
- Controlled in Brazil. The entry read is item 31 of lista B1, psychotropic substances, and it reads in full: "Diazepam". This row is a class and the annex names its members individually in lista B1, among them item 3 Alprazolam, item 10 Bromazepam, item 20 Clobazam, item 21 Clonazepam, item 25 Clordiazepoxido, item 31 Diazepam, item 34 Estazolam, item 39 Etizolam, item 45 Flunitrazepam, item 47 Flurazepam, item 57 Lorazepam, item 64 Midazolam, item 66 Nimetazepam, item 67 Nitrazepam, item 70 Oxazepam, item 85 Temazepam and item 89 Triazolam. The designer benzodiazepines are there too, item 11 Bromazolam, item 22 Clonazolam, item 32 Diclazepam, item 40 Fenazepam, item 42 Flualprazolam, item 43 Flubromazolam and item 46 Flunitrazolam. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Buprenorphine
- Legal status
- Controlled in Brazil. The entry read is item 17 of lista A1, the list of narcotic substances, and it reads in full: "Buprenorfina". Lista A1 adendo 8 puts transdermal patches containing this substance in an adhesive polymer matrix, that is without an active reservoir, on a Receita de Controle Especial in two copies. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: opioid substitution treatment is recorded there as limited in Brazil and take home dosing restricted. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Cannabis / THC
- Legal status
- Controlled in Brazil. The entry read is item 1 of lista E, the list of proscribed plants and fungi that can yield narcotic or psychotropic substances, and it reads in full: "Cannabis sativa L.". The plant entry is not the only one. Item 180 of lista F2 reads "TETRAHIDROCANNABINOL ou THC". Lista E adendo 13 excepts, under Resolucao 1.013 de 30 de janeiro de 2026, the plant proved to yield 0.3 per cent or less of tetrahidrocanabinol, which then falls to lista C1. Adendo 14 subjects substances and products obtained from the plant at any tetrahidrocanabinol content to lista E, saving regulatory or legal authorisation. Adendo 16 excepts regularised cannabis products and registered cannabis medicines and routes them to lista A3. Adendo 7 permits an individual to import a cannabis derived product for his own treatment on a prescription under Resolucao 660 de 30 de marco de 2022. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659. Item 1 holds that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries cannabis sativa for personal consumption, without prejudice to the extrapenal unlawfulness of the conduct, seizure of the drug and the article 28 I and III sanctions. Item 2 sends those sanctions to a procedure of non penal character with no criminal repercussion. Item 4 presumes a user of anyone carrying up to 40 grams of cannabis sativa or six female plants for his own consumption until Congress legislates, and item 5 makes that presumption rebuttable where packaging, the circumstances of seizure, scales, commercial records or contacts indicate dealing. Item 8 lets a judge find the conduct atypical above the figure on sufficient proof of user status. [Certain], the thesis was read on the court's own repercussao geral page this pass. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista E adendo 1 forbids the importation, exportation, trade, handling and use of the items it lists. Lista E is a proscription of the plant and its derivatives rather than a prescription tier, and Resolucao 81/2008 Procedimento 1 governs importation of goods under the special control of Portaria 344/98. Lista E adendo 16 excepts from the lista E proscription cannabis products regularised under Resolucao 1.015 de 2 de fevereiro de 2026, cannabis medicines registered with ANVISA and veterinary cannabis products regularised with the Ministerio da Agricultura, and routes them to lista A3. Adendo 12 permits veterinary prescribing of authorised cannabis products against a retained special control prescription. Adendo 7 permits an individual to import a cannabis derived product for his own treatment on a prescription under Resolucao 660 de 30 de marco de 2022. Adendo 8 excepts registered medicines containing cannabis derivatives at no more than 30 mg of tetrahidrocannabinol and 30 mg of cannabidiol per millilitre. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: registered cannabis products are recorded there as having been sold in Brazilian pharmacies on prescription since 2019 under Resolucao 327 de 2019. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Cathinone
- Legal status
- Controlled in Brazil. The entry read is item 98 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "CATINONA ou (-)-(s)-2-aminopropiofenona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: this alkaloid is recorded there as a 1971 Convention Schedule I psychotropic, and the synthetic cathinones as having been added generically by Resolucao 175 de 2017. The lista F2 entry and the lista F2 item c structural class for synthetic cathinones were read this pass; neither the Convention schedule nor the amending resolution was. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
CBD
- Legal status
- Controlled in Brazil. The entry read is item 25 of lista C1, the list of other substances subject to special control, and it reads in full: "Canabidiol (CBD)". Lista C1 adendo 13 confines the lista C1 controls to cannabidiol obtained synthetically and only where no other specially controlled component is present, even as an impurity. Lista C1 adendo 1.3 disapplies the salts, ethers, esters and isomers extension to cannabidiol. Lista E adendo 5 excepts synthetically obtained cannabidiol from lista E and points to lista C1, and lista F2 note 3 excepts cannabidiol from lista F2 and points to lista C1. Plant derived cannabidiol therefore sits under lista E, not lista C1, unless one of the lista E exceptions applies. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands. It reaches part of this row and not the rest, and the end of this block says which part. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Where the cannabidiol is plant derived rather than synthetic, the controlling list is lista E and not lista C1, and lista E is a proscription rather than a prescription tier, so the ladder above can reach plant derived material through the plant entry. For the synthetic lista C1 route the position is different. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. Lista C1 adendo 13 confines the lista C1 route to synthetically obtained cannabidiol. Plant derived cannabidiol falls under lista E, where adendo 16 names the fitofarmaco CBD among the items routed to lista A3, and adendo 7 permits an individual to import a cannabis derived product for his own treatment on a prescription under Resolucao 660 de 30 de marco de 2022. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: Resolucao 327 de 2019 is recorded there as the route by which registered cannabis products are sold in pharmacies on prescription, and Resolucao 660 de 2022 as the individual patient import authorisation. Lista E adendo 7 of the annex read this pass names Resolucao 660 de 30 de marco de 2022 for the individual import route. [Likely], carried, for the rest.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Clonazepam
- Legal status
- Controlled in Brazil. The entry read is item 21 of lista B1, psychotropic substances, and it reads in full: "Clonazepam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Cocaine
- Legal status
- Controlled in Brazil. The entry read is item 22 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "COCAÍNA ou éster metílico da benzoilecgonina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The coca plant is separately named at item 4 of lista E, Erythroxylum coca Lam. Lista F1 adendo 1.3 reaches beyond salts and isomers: it puts under control all esters and derivatives of ecgonine that are transformable into ecgonine and this substance. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Codeine
- Legal status
- Controlled in Brazil. The entry read is item 2 of lista A2, narcotic substances of permitted use only in special concentrations, and it reads in full: "Codeína". Items 4, 9, 10 and 11 of the same list are Diidrocodeina, Nicocodina, Nicodicodina and Norcodeina, all read and rejected; the entry relied on is item 2 alone. Lista A2 adendo 2 steps the tier down by strength. Preparations based on this substance, including those mixed with one or more components, in which the quantity of narcotic does not exceed 100 mg per dosage unit and the concentration does not exceed 2.5 per cent in preparations of indivisible form, are subject to a Receita de Controle Especial in two copies rather than the lista A2 notification. The same adendo covers acetildiidrocodeina, diidrocodeina, etilmorfina, folcodina, nicodicodina and norcodeina on the same terms. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A2 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Confirmed this pass against the instrument, correcting my own earlier statement that no such threshold was in the lista A2 adendo. It is there. Adendo 2 of lista A2 reads that preparations based on acetildiidrocodeina, codeina, diidrocodeina, etilmorfina, folcodina, nicodicodina and norcodeina, including those mixed with one or more components, in which the quantity of narcotic does not exceed 100 mg per dosage unit, and in which the concentration does not exceed 2.5 per cent in preparations of indivisible form, are subject to prescription on a Receita de Controle Especial in two copies, with a label and leaflet carrying the sale under medical prescription with retention wording. The live cell recorded the 100 milligram figure and I had marked it unconfirmed; it is confirmed, and the 2.5 per cent limb goes with it. [Certain].
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Crack Cocaine
- Legal status
- Controlled in Brazil. The entry read is item 22 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "COCAÍNA ou éster metílico da benzoilecgonina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Crack is the free base form of cocaine and the annex gives it no entry of its own. The entry that reaches it is the cocaine one, and lista F2 adendo 1.1 and the parallel lista F1 adendo put salts and isomers under the same control. The coca plant is separately named at item 4 of lista E. Lista F1 adendo 1.3 is what carries the free base form without naming it: it puts under control all esters and derivatives of ecgonine that are transformable into ecgonine and cocaine, and adendo 1.1 adds the salts, ethers, esters and isomers of the listed substances. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Delta-8-THC
- Legal status
- Controlled in Brazil. The entry read is item 180 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "TETRAHIDROCANNABINOL ou thc". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The isomer is named, not merely implied. Lista F2 adendo 1.2 puts under control six named isomers of tetrahidrocannabinol and their stereochemical variants, and the fourth of them is printed as (6aR,10aR)-6a,7,10,10a-tetrahidro-6,6,9-trimetil-3-pentil-6H-dibenzo[b,d]pirano-1-ol, which is this substance. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Diazepam
- Legal status
- Controlled in Brazil. The entry read is item 31 of lista B1, psychotropic substances, and it reads in full: "Diazepam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
DMT
- Legal status
- Controlled in Brazil. The entry read is item 113 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "DMT ou 3-[2-(dimetilamino)etil] indol; n,n-dimetiltriptamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
DOM
- Legal status
- Controlled in Brazil. The entry read is item 177 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "STP ou dom; 2,5-dimetoxi-alfa,4-dimetilfenetilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: the entry is recorded there as Brazil's transposition of this substance's individual Schedule I listing under the 1971 Convention. The lista F2 entry was read this pass, the Convention schedule was not. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Ephedrine
- Legal status
- Controlled in Brazil. The entry read is item 20 of lista D1, precursors of narcotics or psychotropics, and it reads in full: "Efedrina". Lista D1 adendo 1 extends the control to all salts of the listed substances, and only to salts, where the narcotic and psychotropic lists extend to ethers, esters and isomers as well. Adendo 3 excepts from Portarias 344/98 and 6/99 non medicinal formulations containing lista D1 substances when destined for other industrial segments. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. The limb that reaches a precursor is article 33 paragraph 1 I rather than the caput. It carries the same penalties for anyone who imports, exports, produces, sells, offers, supplies, holds in deposit, transports, carries or keeps, without authorisation or contrary to legal or regulatory determination, raw material, input or chemical product destined for the preparation of drugs. Lista D1 is the precursor list and the annex heads it as subject to Receita Medica sem Retencao, so the same substance carries a prescription tier and a precursor exposure at the same time.
- If prescribed / medical
- The annex heads lista D1 as subject to Receita Medica sem Retencao. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Etizolam
- Legal status
- Controlled in Brazil. The entry read is item 39 of lista B1, psychotropic substances, and it reads in full: "Etizolam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: the substance is recorded there as having no ANVISA registration as a medicine, so there is no licensed product to prescribe even though the list placement is a prescription tier, and as having been added by Resolucao 473 de 2021. The lista B1 entry was read this pass; the amending resolution was not. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Fentanyl
- Legal status
- Controlled in Brazil. The entry read is item 42 of lista A1, the list of narcotic substances, and it reads in full: "Fentanila". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Gabapentin
- Legal status
- Controlled in Brazil. The entry read is item 81 of lista C1, the list of other substances subject to special control, and it reads in full: "Gabapentina". Pregabalin sits in the same list at item 158, so the two are in the same tier here. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands, set out because a reader needs to see it. This row's placement is lista C1, the special control prescription tier, and the end of this block explains why neither provision below is asserted against it. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: gabapentin products are recorded there as ANVISA registered and prescribed for epilepsy and neuropathic pain. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
GBL
- Legal status
- Controlled in Brazil. The entry read is item 48 of lista B1, psychotropic substances, and it reads in full: "GBL". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
GHB
- Legal status
- Controlled in Brazil. The entry read is item 49 of lista B1, psychotropic substances, and it reads in full: "GHB - (ácido gama - hidroxibutírico)". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Heroin
- Legal status
- Controlled in Brazil. The entry read is item 33 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "HEROÍNA ou diacetilmorfina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
HHC
- Legal status
- Controlled in Brazil. The entry read is item 125 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "HEXAIDROCANABINOL ou 6,6,9-trimetil-3-pentil-6a,7,8,9,10,10a-hexahidrobenzo[c]cromen-1-ol". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Hydrocodone
- Legal status
- Controlled in Brazil. The entry read is item 44 of lista A1, the list of narcotic substances, and it reads in full: "Hidrocodona". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: no Brazilian product containing this substance is recorded there as marketed, so the lista A1 placement is real and the prescription route is theoretical. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Ketamine
- Legal status
- Controlled in Brazil. The entry read is item 17 of lista B1, psychotropic substances, and it reads in full: "Cetamina". Esketamine carries its own entry at item 33 of the same list. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. A live cell for this row left the list placement to confirmation. The annex read this pass places it at item 17 of lista B1, and that confirmation is mine.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Kratom
- Legal status
- Controlled in Brazil. The entry read is item 6 of lista E, the list of proscribed plants and fungi that can yield narcotic or psychotropic substances, and it reads in full: "Mitragyna speciosa". Two of the plant's alkaloids carry their own entries in lista F1, item 38 Mitraginina and item 6 7-hidroximitraginina, so the leaf and its two principal alkaloids sit in different lists. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista E adendo 1 forbids the importation, exportation, trade, handling and use of the items it lists. Lista E is a proscription of the plant and its derivatives rather than a prescription tier, and Resolucao 81/2008 Procedimento 1 governs importation of goods under the special control of Portaria 344/98. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. A live cell for this row stated that neither the plant nor its constituents is nominally listed. The annex read this pass names the plant at item 6 of lista E and two of its alkaloids in lista F1, and that correction is mine.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Lorazepam
- Legal status
- Controlled in Brazil. The entry read is item 57 of lista B1, psychotropic substances, and it reads in full: "Lorazepam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
LSA (Morning Glory)
- Legal status
- Controlled in Brazil. The entry read is item 118 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "ERGINA ou lsa (amida do ácido d-lisérgico)". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
LSD
- Legal status
- Controlled in Brazil. The entry read is item 1 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "(+) LISÉRGIDA ou lsd; lsd-25; 9,10-didehidro-n,n-dietil-6-metilergolina-8beta-carboxamida". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The annex prints a dash between the stereochemical prefix and the name in that entry. It is reproduced here as a space, because an en dash cannot be carried in this text. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
MDA
- Legal status
- Controlled in Brazil. The entry read is item 178 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "TENANFETAMINA ou mda; alfa-metil-3,4-(metilenodioxi)fenetilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Items 147 and 148 of the same list are MDA-19 and MDAI, both read and rejected because neither is this substance; the entry relied on is item 178, whose printed name is Tenanfetamina and whose first synonym is the string MDA. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
MDMA
- Legal status
- Controlled in Brazil. The entry read is item 150 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MDMA ou (±)-n,alfa-dimetil-3,4-(metilenodioxi)fenetilamina; 3,4 metilenodioximetanfetamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
MDPV
- Legal status
- Controlled in Brazil. The entry read is item 35 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MDPV ou 1-(1,3-benzodioxol-5-il)-2-(pirrolidin-1-il)-1-pentanona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Memantine
- Legal status
- Controlled in Brazil. The entry read is item 113 of lista C1, the list of other substances subject to special control, and it reads in full: "Memantina". Lista C1 is the special control prescription tier of the regulation and is not one of the narcotic or psychotropic lists. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands, set out because a reader needs to see it. This row's placement is lista C1, the special control prescription tier, and the end of this block explains why neither provision below is asserted against it. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: memantine hydrochloride is recorded there as holding an ANVISA registration and distributed through the public system under clinical protocol criteria. The list placement was read this pass. [Likely], carried, for the registration.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Mephedrone (4-MMC)
- Legal status
- Controlled in Brazil. The entry read is item 152 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MEFEDRONA ou 2-metilamino-1-(4-metilfenil)-propan-1-ona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Mescaline
- Legal status
- Controlled in Brazil. The entry read is item 153 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MESCALINA ou 3,4,5-trimetoxifenetilamina". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The cactus that yields it is separately named at item 5 of lista E, Lophophora williamsii Coult. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Methadone
- Legal status
- Controlled in Brazil. The entry read is item 58 of lista A1, the list of narcotic substances, and it reads in full: "Metadona". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: opioid substitution treatment is recorded there as limited in Brazil, the system favouring psychosocial care through the CAPS network. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Methamphetamine
- Legal status
- Controlled in Brazil. The entry read is item 155 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "METANFETAMINA". Item 139 of the same list is Levometanfetamina, read and rejected as the levorotatory isomer with its own entry. An amphetamine row and a methamphetamine row therefore sit in different lists here. The exception that keeps this substance out of the anorectic list is lista B2 adendo 2, which excepts from lista B2 the proscribed isomer metanfetamina and points to lista F2. That correction is mine: my first report attributed the clause to lista A3, and the lista A3 adendo does not contain it. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Methaqualone (Quaaludes)
- Legal status
- Controlled in Brazil. The entry read is item 156 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "METAQUALONA ou 2-metil-3-o-tolil-4(3h)-quinazolinona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Methylone
- Legal status
- Controlled in Brazil. The entry read is item 158 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "METILONA ou bk-mdma; mdmc; 1-(1,3-benzodioxol-5-il)-2-(metilamino)-1- propanona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Methylphenidate
- Legal status
- Controlled in Brazil. The entry read is item 12 of lista A3, psychotropic substances, and it reads in full: "Metilfenidato". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A3 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Mitragynine
- Legal status
- Controlled in Brazil. The entry read is item 38 of lista F1, narcotic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MITRAGININA ou metil (e)-2-[(2s,3s,12bs)-3-etil-8-metoxi-1,2,3,4,6,7,12,12b-octahidroindolo[2,3-a]quinolizin-2-yl]-3-metoxiprop-2-enoato". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The plant itself is separately named at item 6 of lista E, Mitragyna speciosa. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. A live cell for this row stated that this alkaloid is not in the control lists. The annex read this pass names it at item 38 of lista F1, and that correction is mine.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Modafinil
- Legal status
- Controlled in Brazil. The entry read is item 65 of lista B1, psychotropic substances, and it reads in full: "Modafinila". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Morphine
- Legal status
- Controlled in Brazil. The entry read is item 65 of lista A1, the list of narcotic substances, and it reads in full: "Morfina". Items 67 and 71 of the same list are Nicomorfina and Normorfina, read and rejected; the entry relied on is item 65 alone. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
MXE
- Legal status
- Controlled in Brazil. The entry read is item 161 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "MXE ou metoxetamina; 2-(etilamino)-2-(3-metoxifenil)-ciclohexanona". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Nimetazepam
- Legal status
- Controlled in Brazil. The entry read is item 66 of lista B1, psychotropic substances, and it reads in full: "Nimetazepam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Opium
- Legal status
- Controlled in Brazil. The entry read is item 75 of lista A1, the list of narcotic substances, and it reads in full: "Ópio". The poppy is separately named at item 7 of lista E, Papaver somniferum L. and lista E adendo 4 excepts the importation of poppy seed proved to be for food use. Lista A1 adendo 3 puts opium preparations of up to 5 mg of anhydrous morphine per millilitre on a Receita de Controle Especial in two copies, and adendo 4 forbids the sale and compounding of paediatric liquid and syrup forms containing opium and its synthetic derivatives. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Oxycodone
- Legal status
- Controlled in Brazil. The entry read is item 77 of lista A1, the list of narcotic substances, and it reads in full: "Oxicodona". Lista A1 adendo 5 puts controlled release tablets of up to 40 mg of this substance per dosage unit on a Receita de Controle Especial in two copies rather than the lista A1 notification. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A1 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
PCP
- Legal status
- Controlled in Brazil. The entry read is item 7 of lista A3, psychotropic substances, and it reads in full: "Fenciclidina". Item 175 of lista F2 is Roliciclidina, which carries the synonym string PCPY and was read and rejected. The entry relied on is the lista A3 one. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A3 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Peyote
- Legal status
- Controlled in Brazil. The entry read is item 5 of lista E, the list of proscribed plants and fungi that can yield narcotic or psychotropic substances, and it reads in full: "Lophophora williamsii Coult.". Lista E adendo 3 records that Lophophora williamsii Coult. is commonly known as the peyote cactus. The cactus's principal alkaloid is separately named at item 153 of lista F2, Mescalina. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista E adendo 1 forbids the importation, exportation, trade, handling and use of the items it lists. Lista E is a proscription of the plant and its derivatives rather than a prescription tier, and Resolucao 81/2008 Procedimento 1 governs importation of goods under the special control of Portaria 344/98. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Phenibut
- Legal status
- Controlled in Brazil. The entry read is item 5 of lista F4, other substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "Fenibut". This entry is recent. ANVISA's update register records Resolucao 1.021 de 9 de abril de 2026 as having included Fenibut in lista F4, and the entry is present in the annex read here. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Pregabalin
- Legal status
- Controlled in Brazil. The entry read is item 158 of lista C1, the list of other substances subject to special control, and it reads in full: "Pregabalina". Gabapentin sits in the same list at item 81, so the two are in the same tier here. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands, set out because a reader needs to see it. This row's placement is lista C1, the special control prescription tier, and the end of this block explains why neither provision below is asserted against it. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Psilocybin
- Legal status
- Controlled in Brazil. The entry read is item 172 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "PSILOCIBINA ou fosfato diidrogenado de 3-[2-(dimetilaminoetil)]indol-4-ilo". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. Psilocin is separately named at item 173 of the same list. No Psilocybe species appears anywhere in lista E, which was read in full: its nine items are cannabis, Claviceps paspali, Datura suaveolens, Erythroxylum coca, Lophophora williamsii, Mitragyna speciosa, Papaver somniferum, Prestonia amazonica and Salvia divinorum. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Quetiapine
- Legal status
- Controlled in Brazil. The entry read is item 168 of lista C1, the list of other substances subject to special control, and it reads in full: "Quetiapina". Lista C1 is the special control prescription tier of the regulation and is not one of the narcotic or psychotropic lists. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. What follows is Brazil's drug law as it stands, set out because a reader needs to see it. This row's placement is lista C1, the special control prescription tier, and the end of this block explains why neither provision below is asserted against it. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle. Neither the personal use provision nor the supply ladder is asserted against this row. The placement is lista C1, and whether article 28 and article 33 reach a lista C1 substance at all was not established. Both articles operate on the same word, drogas, which article 1 sole paragraph of Lei 11.343/2006 defines on two limbs: substances capable of causing dependence, and so specified in law or listed in lists periodically updated by the federal executive. Membership of a list satisfies the second limb only. Lista C1 was read in full this pass and its 213 entries include item 29 Celecoxibe, item 104 Loperamida, item 127 Misoprostol and item 172 Ribavirina, so list membership alone cannot be what makes a substance a droga. If it were, supplying a celecoxib tablet would be trafficking and holding one would be the article 28 offence. What does attach on the face of the regulation is the special control prescription regime and nothing else. A live cell for one of these rows stated the same thing, that a lista C1 medicine does not carry the trafficking penalties reserved for the narcotic and psychotropic lists, and that reading is preserved rather than overwritten. [Likely].
- If prescribed / medical
- The annex heads lista C1 as subject to Receita de Controle Especial in two copies. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: quetiapine fumarate is recorded there as holding an ANVISA registration and distributed through the public system under clinical protocol criteria. A live cell also stated that this substance sits outside the Portaria 344/98 tables. The annex read this pass places it at item 168 of lista C1, and that correction is mine.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Salvia divinorum
- Legal status
- Controlled in Brazil. The entry read is item 9 of lista E, the list of proscribed plants and fungi that can yield narcotic or psychotropic substances, and it reads in full: "Salvia divinorum". The active principle is separately named at item 176 of lista F2, Salvinorina A. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista E adendo 1 forbids the importation, exportation, trade, handling and use of the items it lists. Lista E is a proscription of the plant and its derivatives rather than a prescription tier, and Resolucao 81/2008 Procedimento 1 governs importation of goods under the special control of Portaria 344/98. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: Resolucao 37 de 2012 is recorded there as the amendment that placed the plant on lista E and salvinorin A on lista F2, after which the plant was withdrawn from sale. Both entries are present in the annex read this pass; the amending resolution was not read. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Synthetic Cannabinoids (K2 / Spice)
- Legal status
- Controlled in Brazil. The entry read is item 80 of lista F2, psychotropic substances within lista F, the list of substances of proscribed use in Brazil, and it reads in full: "ADB-FUBINACA ou n-(1-amino-3,3-dimetil-1-oxobutan-2-il)-1-(4-fluorobenzil)-1h-indazol-3-carboxamida". The annex prints that entry in capitals and the chemical synonym after the word ou is reproduced here in lower case. This row is a class and the annex reaches it two ways. Lista F2 names individual compounds, item 80 ADB-FUBINACA among some sixty of them, and lista F2 item b then places under the control of that list any cannabimimetic substance falling within seven described structural classes, the first being any substance presenting a 2-(ciclohexil)fenol structure and the others built on indole, indazole, pyrrole, cyclopropyl, carboxamide and carboxylate cores. Lista F2 note 8 excepts from items b, c and d anything already named in a list of the regulation. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- Lista F is a proscribed list, so there is no prescription tier for it. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1-A, item 6 forbids importing products subject to the special control of Portaria 344/98 that appear in lista F, as raw material, semi-finished or finished product, save where destined for teaching and research, and item 9 confines any such entry to a named set of ports and airports. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Tramadol
- Legal status
- Controlled in Brazil. The entry read is item 13 of lista A2, narcotic substances of permitted use only in special concentrations, and it reads in full: "Tramadol". Lista A2 adendo 3 steps the tier down by strength. Preparations based on this substance, including those mixed with one or more components, in which the quantity does not exceed 100 mg of it per dosage unit are subject to a Receita de Controle Especial in two copies rather than the lista A2 notification. Adendo 8 exempts analytical standards of this substance and of nalbufina from import and export authorisation at up to 500 mg per unit. The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista A2 as subject to Notificacao de Receita A. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Xanax (Alprazolam)
- Legal status
- Controlled in Brazil. The entry read is item 3 of lista B1, psychotropic substances, and it reads in full: "Alprazolam". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
Zolpidem
- Legal status
- Controlled in Brazil. The entry read is item 94 of lista B1, psychotropic substances, and it reads in full: "Zolpidem". The instrument is Portaria SVS/MS 344 de 12 de maio de 1998, whose Anexo I is the list that places a substance, and article 1 sole paragraph of Lei 11.343/2006 defines drugs for the purposes of that law as substances capable of causing dependence so specified in law or listed in lists periodically updated by the federal executive, which is the hinge between the two instruments. [Certain], the entry was read this pass in Anexo I as published with Resolucao 1.036 de 9 de julho de 2026, Atualizacao n. 101.
- Consequences if caught
- Capital exposure: none. Article 5, XLVII, a of the 1988 Constitution provides that there shall be no penalty of death, save in the case of declared war under article 84, XIX, and article 5, XLVII, b bars any penalty of a perpetual character, so neither a death sentence nor a whole life sentence is available under the drug law. [Certain], the constitutional text was read this pass. Personal use is article 28 of Lei 11.343/2006, the statute the live Brazilian cells name in English as the Drug Law, and it carries no prison. The three penalties are a warning about the effects of drugs, provision of services to the community, and an educational measure of attendance at a programme or course. Paragraph 3 caps the second and third at five months, paragraph 4 at ten months on a repeat, and paragraph 2 leaves the personal use question to the judge on the nature and quantity seized, the place and conditions of the act, the social and personal circumstances, and the conduct and record of the agent. The statute itself fixes no quantity figure. The Supremo Tribunal Federal decided Tema 506, leading case RE 635659, on 26 June 2024, and how far it reaches beyond cannabis is genuinely contested. Read the narrow way, item 1 of the thesis says that no criminal offence is committed by a person who acquires, keeps, has in deposit, transports or carries for personal consumption the substance cannabis sativa, naming that substance and no other, and the andamento of 24 August 2023 records the relator adjusting his vote to restrict the declaration of unconstitutionality to seizures of the narcotic substance dealt with in that appeal, cannabis sativa. Read the wide way, items 2 and 3 are not limited to cannabis on their face: item 2 says the article 28 I and III sanctions are applied by the judge in a procedure of non penal nature with no criminal repercussion for the conduct, and item 3 gives the Juizados Especiais Criminais competence over the conduct of article 28 with any penal effect of the sentence forbidden. Nor is the operative order limited on its face: the plenary declared the unconstitutionality, without reduction of text, of article 28 of Lei 11.343/2006, so as to remove from that provision each and every effect of a penal nature, keeping the measures it provides until specific legislation arrives. Which reading governs a substance other than cannabis was not settled by the documents read this pass, and nothing here decides it. [Guessing] as to the reach. What does not turn on it, and is [Certain] either way, is that article 28 has carried no custodial penalty since 2006. Supply is article 33: reclusao of 5 to 15 years and payment of 500 to 1,500 dias-multa. Article 33 paragraph 4 allows a reduction of one sixth to two thirds for a primary agent of good record who is not dedicated to criminal activity and does not belong to a criminal organisation. Article 34 puts equipment at 3 to 10 years, article 35 association at 3 to 10 years, article 36 financing at 8 to 20 years and article 37 informing at 2 to 6 years. Article 40 increases articles 33 to 37 by one sixth to two thirds on its seven listed grounds, transnationality and proximity to schools, prisons and hospitals among them. Article 40-A, inserted by Lei 15.358 de 2026, applies articles 33 to 37 in double where the agent is a member of an ultraviolent criminal organisation, a paramilitary group or a private militia. Doubling article 36 gives 16 to 40 years, and 40 years is the highest figure the statute produces on its own face. That is my derivation from the two articles as read, tagged [Certain] for each figure and [Guessing] for whether the article 40 increase then stacks on top of the doubled figure, which the text read here does not settle.
- If prescribed / medical
- The annex heads lista B1 as subject to Notificacao de Receita B. Resolucao 81/2008, Capitulo XXXIX, Procedimento 1 puts importation of goods subject to the special control of Portaria 344/98 in its listas A1, A2, A3, B1, B2, C3 and D1 under a non automatic import licence in SISCOMEX with a prior favourable shipment authorisation. For a traveller the rule is Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011. Its item 1 dispenses with sanitary authorisation at the point of entry for a finished medicine imported by an individual for his own use, item 1.1 brings goods in accompanied or unaccompanied baggage of a traveller arriving from abroad inside that dispensation, and item 1.2 defines own use as a quantity and frequency compatible with the duration and purpose of treatment and not amounting to trade. Item 1.3 takes medicines based on substances listed in Portaria 344/98 back out of the dispensation and sends them to Resolucao 63 de 9 de setembro de 2008. That resolution rewrote article 34 of Portaria 344/98 to forbid purchase and sale of listed substances and their medicines by reimbursement systems through any means of communication including post and electronic channels, excepting only medicines based on lista C1 substances in presentations not registered or marketed in Brazil, bought abroad by an individual for his own use, on production of a medical prescription and a fiscal document, in a quantity for individual use, with resale forbidden. That resolution was read in full this pass, through a rendering fetcher because a direct request to the publisher is refused with a challenge page and the health ministry library returns a server error, so the reading is [Certain] and the route to it is worth stating. The prescribing chapters of Portaria SVS/MS 344/1998 itself were not read this pass, so no validity period and no quantity per prescription is stated here.
- Documentation
- The placement was read on 21 September 2026 in the Anexo I published with Resolucao da Diretoria Colegiada 1.036, de 9 de julho de 2026, the annex that heads itself Atualizacao n. 101 and whose footer records publication in the Diario Oficial da Uniao of 13 July 2026. ANVISA's own update register at gov.br/anvisa numbers that resolution row 102 of its history and marks it the version in force, while the annex itself is headed Atualizacao n. 101. Both numbers are recorded here because they disagree and neither was preferred silently. A later update is not ruled out. Carried from the live cell and not re-derived this pass: all presentations of this substance are recorded there as having required the lista B1 notification since 1 August 2024, removing an earlier exception for lower strengths, and the lista B1 placement is recorded there as transposing this substance's 1971 Convention Schedule IV status. The list placement was read this pass; neither the commencement date nor the Convention schedule was. [Likely], carried.
Brazil, Portaria SVS/MS 344 de 12 de maio de 1998, Anexo I, as published with Resolucao da Diretoria Colegiada 1.036 de 9 de julho de 2026 (Atualizacao n. 101, Diario Oficial da Uniao of 13 July 2026), read at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00001036&seqAto=000&valorAno=2026 on 21 September 2026 · the update register that marks it the version in force is at https://www.gov.br/anvisa/pt-br/assuntos/medicamentos/controlados/lista-substancias · Lei 11.343 de 23 de agosto de 2006 at https://www.planalto.gov.br/ccivil_03/_ato2004-2006/2006/lei/l11343.htm · Constituicao da Republica Federativa do Brasil de 1988, article 5, XLVII, at https://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm · Supremo Tribunal Federal, Tema 506, leading case RE 635659, at https://portal.stf.jus.br/jurisprudenciaRepercussao/verAndamentoProcesso.asp?incidente=4034145&numeroProcesso=635659&classeProcesso=RE&numeroTema=506 · Resolucao 81 de 5 de novembro de 2008 as amended by Resolucao 28 de 28 de junho de 2011, and Resolucao 63 de 9 de setembro de 2008 at https://anvisalegis.datalegis.net/action/ActionDatalegis.php?acao=abrirTextoAto&tipo=RDC&numeroAto=00000063&seqAto=000&valorAno=2008 · Updated September 21, 2026
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Not individually verified
16 substances are not individually verified for Brazil
For these the governing national drug law is cited, but we have not verified that the substance specifically is scheduled under it. Treat them as unanswered, not as legal. Confirm with Brazil’s drug authority or your embassy.
| Substance | What we found |
|---|---|
| 4-HO-MET | Not confirmed. Unresolved in Brazil, not established as either listed or unlisted. No entry in the annex names this... |
| 6-APB | Not confirmed. Controlled in Brazil, though not by a named entry. No entry in the annex names this substance. The... |
| Alcohol | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Amanita muscaria | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Caffeine | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Cannabinol | Not confirmed. Split in Brazil, and the split turns on where the material came from. No entry in the annex names... |
| DXM | Not confirmed. Not a controlled substance in Brazil, and expressly so. The annex names this substance, and it names... |
| Khat | Not confirmed. Split in Brazil: the alkaloids are listed and the plant is not. The plant is not in the annex. Lista... |
| Nicotine | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Nitrous Oxide | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Pink Cocaine / Tusi | Not confirmed. Not a listed substance in Brazil, because it is not a single substance. There is no entry for it... |
| Poppers | Not confirmed. Controlled in Brazil through its constituents. The category has no entry of its own, and its usual... |
| Scopolamine (Devil's Breath) | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| THC-P | Not confirmed. Split in Brazil, and the split turns on where the material came from. No entry in the annex names... |
| Tobacco | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
| Xylazine | Not confirmed. No entry of Portaria SVS/MS 344 de 12 de maio de 1998 names this substance, so this cell reports a... |
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Before you travel
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If you’re detained or arrested abroad
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