Is Cannabis / THC legal in Brazil?

Legal status

Personal use non-custodial (Art 28); 2024 STF (RE 635659) — up to 40 g or 6 female plants = personal use (administrative), above = presumptive trafficking; medical cannabis regulated by ANVISA

Consequences if caught

In Brazil, personal use (Art 28 of Law 11.343/2006) is NOT punishable by prison — penalties are limited to a warning, community service, or educational measures. The statute fixes no quantity thresholds; a judge assesses the amount, nature and circumstances. For CANNABIS specifically, the 2024 Supreme Court ruling (RE 635659) sets possession of up to 40 g or 6 female plants as personal use (administrative, not criminal); above that is presumptive trafficking. Trafficking (Art 33) carries 5–15 years' imprisonment plus a fine; interstate or transnational trafficking is increased by one-third to two-thirds, and combined trafficking/organisation charges can reach around 33 years. Sale of any narcotic remains illegal.

If prescribed or medical

Medical cannabis products (>0.2% THC) are prescribable for terminally ill patients or those who have exhausted other treatments; ANVISA-approved products have been sold in pharmacies since 2019 with a prescription, and import is allowed with ANVISA authorisation.

Documentation

Carry the prescription; for controlled medicines carry the ANVISA prescription notification (notificação de receita); keep medicines in original packaging. Importing controlled medicines requires ANVISA authorisation.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Brazil’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.