Brazil's Supreme Court legalizes the cultivation, processing and sale of hemp for medical purposes

The Superior Court of Justice of Brazil (STJ) has approved the planting, cultivation, processing and sale of hemp for medical purposes under strict regulations. However, industrial applications of hemp beyond healthcare remain excluded for the time being, leaving room for future developments.

A major opportunity for the Brazilian medical hemp industry

With a population of over 200 million and growing acceptance of cannabis-based treatments, Brazil is poised to become a major player in the global cannabis market. Medical CBD. The national medical cannabis market, which includes both THC- and CBD-based products, is expected to reach $185 million by 2024. Visit CBD accounts for 70 to 80% of this total because of its broader applications and fewer regulatory restrictions than the THC.

The STJ's recent decision stems from a case contesting the restrictions imposed by the’ANVISA, the Brazilian health regulatory agency, which had previously prohibited the import of hemp seeds and local cultivation. Judge Regina Helena Costa emphasized that the ruling specifically concerns the use of hemp for medical purposes, in line with the constitutional right to health. She stated:

«Examination of the controversy must be limited to the possibility of importing hemp seeds and then growing them to meet the requirements of the right to health, which is at the root of this lawsuit.»

Regulatory advances and challenges

The decision obliges’ANVISA to establish a regulatory framework within six months, thus paving the way for chanvr's medicinal supply chainse. The decision also states that hemp plants containing less than 0.3% THC are not classified as narcotics under Brazilian law, as they have no psychoactive properties and do not cause dependence.

The main aspects of the Court's guidelines are as follows:

• THC limits : Industrial hemp with a THC concentration of less than 0.3% is not subject to narcotics regulations.
• Controlled frame : All varieties of cannabis, including industrial hemp, remain under government supervision to ensure compliance with international conventions.
• For medical use only: Cultivation and marketing of hemp are restricted to medical and pharmaceutical purposes, pending further regulatory measures.

Although this decision is a victory for the medical hemp sector, stakeholders have expressed mixed reactions. According to Lorenzo Rolim da Silva, President of the Latin American Industrial Hemp Association (LAIHA):

«This is a historic moment for the Brazilian regulatory landscape, but it's not everything we'd hoped for».

Industrial applications, such as textiles and bioplastics, were not discussed, leaving supporters optimistic but cautious about the future of hemp in Brazil.