Brazil Supreme Court Legalizes Hemp Cultivation, Manufacturing, Sales

The First Panel of the Brazilian Superior Court of Justice established in a recent ruling that federal cannabis restrictions do not apply to hemp plants containing less than 0.3% THC and that current law allows for the manufacturing and sale of medicinal hemp-based products, LicksLegal.com reports.

Personal cannabis possession was decriminalized by Brazil’s Supreme Court in June but there is no legal way to grow or obtain cannabis products. Brazil legalized medical cannabis in 2019 but the program relies solely on imported products.

However, per the November 13 ruling, hemp plants are no longer affected by the country’s narcotics laws because the plant is non-psychoactive and is not considered capable of inducing dependency. Reporting Justice Regina Helena Costa wrote in an opinion last month that the lack of regulations has created an “undue restriction on the exercise of the fundamental right to health, constitutionally guaranteed and a duty of the State,” according to the report.

“Although the plaintiff’s request has a broad scope, the examination of the controversy should be limited to the analysis of the feasibility of importing hemp seeds and their subsequent cultivation to meet only demands involving the right to health, whose protection is the cause of the lawsuit.” — Costa, in the opinion

The court set a six-month deadline for federal lawmakers and officials with the Brazilian Health Regulatory Agency to establish regulations for the anticipated hemp industry.