The Federal Supreme Court (STF) postponed to August 23 the judgment on the possession of drugs for personal consumption. The resumption of voting on the subject was scheduled for this Thursday (17), but was canceled due to debates on other actions also scheduled for this Thursday’s STF session.
The trial will decide whether or not it is constitutional to criminalize someone for possessing drugs for personal use. Voting has been paralyzed since August 2, when Gilmar Mendes, who is the case’s rapporteur, asked for more time for analysis.
Consideration on the subject at the STF has been ongoing since 2015 and, since then, the decriminalization of possession of marijuana for personal consumption has already received a favorable vote from four justices: Gilmar Mendes, Edson Fachin, Luís Roberto Barroso and Alexandre de Moraes. The latter presented its position on August 2nd. So far, there are no votes against decriminalization.
The action brings into debate the interpretation of article 28 of the Drug Law (11.343/2006), which lists the penalties for those who “acquire, store, have in deposit, transport or bring with them, for personal consumption, drugs without authorization or in disagreement with legal or regulatory determination”.
Editing: Rodrigo Chagas