Did you know that more than 70% of Brazilians are in favor of using cannabis for medical purposes? However, only 560,000 patients have access to treatment due to high costs and legal barriers.
As of 2025, Brazil is at a crossroads—laws changing, the medical market booming, underground economy thriving.
Is Cannabis Legal in Brazil? Legal Status in 2025
No, recreational cannabis is illegal in Brazil. But medical is allowed under strict rules and industrial hemp is slowly becoming legal.
Brazil’s relationship with cannabis is complicated. While personal possession of small amounts was decriminalized in 2006, selling, growing, or transporting the plant can still get you in big trouble.
Medical cannabis has advanced a lot since 2015, over 430,000 patients import cannabis products legally as of 2024. Industrial hemp is not yet regulated but will change Brazil’s agriculture and economy by 2025.
1. Recreational Use
Recreational cannabis remains illegal. Possession of small amounts (typically up to 40 grams) is decriminalized but can still result in warnings, community service, or mandatory drug education programs.
Judges determine penalties case by case and repeat offenders face harsher consequences. Driving under cannabis influence carries jail terms of 6 months to 3 years and license revocation.
2. Medicinal Use
Medical cannabis is legal but restricted. Since 2015, patients can import cannabis products with a prescription. By 2025, Brazil’s medical cannabis market will be valued at R$699 million annually, with over 36 approved products sold in pharmacies.
The National Health Surveillance Agency (Anvisa) allows higher THC concentrations in prescribed medicines, and recent rulings permit pharmacies to compound CBD-based treatments. Still, costs remain prohibitive for many, with annual treatments averaging R$25,000–R$50,000.
3. Industrial Use
Industrial hemp (cannabis with <0.3% THC) is partially legalized. A 2024 Superior Court of Justice (STJ) ruling mandated Anvisa to regulate hemp cultivation for medical and pharmaceutical purposes within six months.
While full industrial applications (e.g., textiles, biofuels) await further legislation, companies like Prati-Donaduzzi and Ease Labs are pioneering low-THC hemp production, aiming to tap into a projected R$18 billion annual market.
Cannabis Usage and Its Impact in Brazil
1. Recreational Drug
Recreational use is widespread but stigmatized. Despite decriminalization, arrests disproportionately affect marginalized communities. The illegal market thrives, with Brazil ranking among the world’s largest cannabis consumers 8% of adults report using it annually.
2. Mental Health Concerns
Unregulated cannabis poses risks. High-THC products from illicit markets correlate with anxiety and psychosis cases, particularly among adolescents.
However, medical CBD is increasingly prescribed for epilepsy, chronic pain, and PTSD, supported by studies from institutions like Fiocruz and USP.
2. Industrial Cannabis Use
Hemp could revolutionize Brazil’s economy. Its applications in sustainable materials, biofuels, and bioplastics align with global green trends. The STJ’s 2025 deadline for hemp regulation has sparked investments, with startups like Hemp Vegan targeting R$699 million in retail sales.
Cannabis Cultivation in Brazil
Personal cultivation is illegal, though small-scale growers often avoid jail through diversion programs. For medical purposes, the STJ granted companies like DNA Soluções permission to cultivate low-THC hemp in 2024, provided Anvisa supervises production.
Large-scale illegal plantations face harsh penalties, including 5–15 years in prison and land expropriation.
Law and Control of Cannabis in Brazil
1. How Cannabis Laws Are Enforced
Police prioritize large-scale trafficking over personal use. However, racial and socioeconomic biases persist—Black Brazilians are 3x more likely to be arrested for drug offenses.
Anvisa oversees medical imports, while the Ministry of Agriculture regulates hemp cultivation.
2. The Illegal Cannabis Market
Brazil’s illegal cannabis trade is worth $2–$4 billion annually, fueled by demand from neighboring countries.
Cartels dominate production in regions like Paraguay’s border, complicating enforcement efforts.
Cannabis Penalties in Brazil
| Offense | Penalty |
| Personal Use | Small amounts (≤40g) may result in warnings or community service. |
| Trafficking | 5–15 years for selling, importing, or transporting cannabis. |
| Growing | Plants confiscated; no jail for personal use. |
Future of Cannabis Legalization in Brazil
2025 is a pivotal year. The STJ’s hemp cultivation deadline (May 2025) and pending bills like PL 5511 (to legalize medical cultivation) could reshape the industry. Advocates push for:
- 1. SUS Inclusion: Adding cannabis to Brazil’s public healthcare system to aid 6.9 million potential patients.
- 2. Industrial Expansion: Capitalizing on hemp’s potential to generate R$18 billion/year.
- 3. Decriminalization: Reducing prison overcrowding by reclassifying minor offenses.
However, conservative opposition and bureaucratic delays threaten progress. As Thiago Ermano of ABICANN notes, “We’re 86 years behind—how much longer?”.
Brazil’s cannabis laws are evolving, driven by medical demand and economic potential. While recreational use remains illegal, 2025 could mark a turning point for medical access and industrial innovation. For now, patients and entrepreneurs navigate a patchwork of regulations—a reality reflecting Brazil’s struggle to balance tradition and progress.
