Cannabis in Brazil

The History of Cannabis in Brazil

The history of cannabis in Brazil has been intertwined with the country’s history since the arrival of the first Portuguese caravels in 1500, whose sails and ropes were made of hemp fiber. The Portuguese word marijuana is, in fact, an anagram of cânhamo, hemp. The plant itself is not native to Brazil: it is believed to have been introduced there by African slaves, probably as early as the 16th century, which explains one of its former names, Angolan fumo.

In the 18th century, the Portuguese Crown even encouraged the cultivation of hemp. In 1785, the viceroy recommended planting it in the captaincy of São Paulo and had sacks of seeds shipped from the port of Santos. Non-medical use then spread among slaves and later among indigenous populations, who began cultivating it for their own consumption. Its use remained confined to the poorest classes and attracted little attention from the elites.

In the second half of the 19th century, cannabis was included in the pharmacopoeia. Influenced by the work of French physician Jean-Jacques Moreau, it was prescribed for asthma, insomnia, and catarrh. Grimault «Indian cigarettes,» imported from France, were still being advertised in the Brazilian medical press in 1905, and pharmaceutical compendia from the 1930s still listed liquid cannabis extract.

Prohibition took hold in the 20th century. In 1924, at the Second International Opium Conference in Geneva, the Brazilian delegate Pernambuco Filho asserted that maconha was «more dangerous than opium.» In the 1930s, police crackdowns became routine: the first arrests took place in Rio in 1933, followed by campaigns in several states. Decree-Law 891 of 1938 completely banned the planting, cultivation, harvesting, and use of the plant. Brazil, a signatory to the 1961 Single Convention on Narcotic Drugs, continued to maintain a repressive policy for decades. Law 6,368 of 1976 provided for a prison sentence for any possession, even for personal use.

Cannabis Legislation in Brazil

Personal use: decriminalized, but not legalized

Cannabis is not legal in Brazil. The 2006 Narcotics Law had already eliminated prison sentences for possession for personal use, but it still classified it as a criminal offense, punishable by warnings, community service, or rehabilitation programs. In June 2024, the Federal Supreme Court (STF) took it a step further: possession of cannabis for personal use is no longer a criminal offense. The Court set the threshold at 40 grams or 6 female plants to distinguish between users and traffickers. Below this threshold, the offense is subject to administrative sanctions (warning, prevention program). Above this threshold, or if there is evidence of sale, criminal prosecution for trafficking remains possible. The law has not been repealed: the STF’s decision takes precedence over the law, but a proposed constitutional amendment (PEC) introduced by Congress in response to this decision remains under discussion in the Chamber of Deputies.

The sale, purchase, and cultivation of cannabis outside of a medical context remain prohibited. Decree 9.761 of 2019 prohibits the planting, cultivation, and importation of plants associated with illicit drugs, unless expressly authorized by the Union.

Medical cannabis

Brazil authorizes the import, manufacture, and sale of cannabis-based medicines, under the supervision of the health agency ANVISA. Products are dispensed at pharmacies only with a doctor’s prescription. Manufacturers must obtain a certificate of good manufacturing practices, an operating license, and provide the technical documentation required by ANVISA. Patients may also import certain products directly with authorization. Since the framework was established in 2019 (Resolution RDC 327), several dozen cannabis-based products have been registered with ANVISA and are available in pharmacies.

In 2026, ANVISA revised this framework. It issued Resolution RDC 1.015/2026, which replaces RDC 327 and expands access to the products. Following a November 2024 decision by the Superior Court of Justice (STJ) ordering the government to regulate cultivation, ANVISA also adopted resolutions in January 2026 authorizing the cultivation of cannabis on Brazilian soil for medical and pharmaceutical purposes. Until then, all cultivation had been prohibited, forcing industry players to import the finished product or extract.

CBD

The use of CBD is not prohibited in Brazil, but it remains regulated and monitored by ANVISA. A patient must have a medical prescription justifying this treatment, which is generally intended for serious conditions for which there are no satisfactory alternative treatments. Since CBD has historically been imported, its prices remain high, a situation that the launch of domestic production should help to alleviate.

Industrial hemp

Brazilian law does not distinguish between industrial hemp and the rest of the cannabis genus: planting, cultivating, or importing the plant—even for industrial purposes—is prohibited. It is still possible to import finished products manufactured abroad, such as clothing. For products containing cannabinoids, the concentration of CBD and THC was limited to 30 mg/ml by Ministry of Health regulations (Ordinance 344/98).

News and Outlook

Brazil is one of the Latin American countries where the legal framework is changing the fastest, amid court rulings, new ANVISA regulations, and reactions from Congress. The next steps are the implementation of the national medical culture and the future of the proposed constitutional amendment, which could overturn the STF’s decision. Follow our News about cannabis in Brazil See below for updates to the law.