Brazil Holds 6th Annual Marijuana March While Supreme Court Remains At A Stalemate

Ron Strider

Well-Known Member
On Saturday, Brazilians took to the streets in a nationwide Marijuana March to call for drug policy reform. The Supreme Court first gave the green light for a pro-legalization rally in 2011. Before, judges had prohibited the protest as an "incitement to criminal acts". For the first time, protesters marched on the famous Avenida Paulista. This year, the march spread to at least 10 major cities, including the nation's capital. In addition to São Paulo, protests occurred in Brasilia, Rio, Florianópolis, Porto Alegre, Ubatuba, Curitiba, São Carlos, Divinópolis and Natal.

The march for marijuana is a global phenomenon dating back to 1999. Since then, the public celebrations of cannabis culture have spread to 829 cities in 72 countries. But while other countries have since chosen to legalize marijuana, Brazil continues at a stalemate. Because Brazil's Congress maintains staunch opposition to any legalization of the drug, the only real advances must be made in the Supreme Court. The judicial branch also sets the legal precedent for future criminal cases. In fact, Brazil's Supreme Court currently has at least 315 open cases regarding marijuana. However, the past year has shown just how divided the Supreme Court stands on this issue.

Because Brazil's Congress maintains staunch opposition to any legalization of the drug, the only real advances must be made in the Supreme Court (STF). The judicial branch also sets the legal precedent for future criminal cases. In fact, Brazil's Supreme Court currently has at least 315 open cases regarding marijuana. The judges must decide upon the constitutionality of the 2006 Drug Law which allows the possession of marijuana for personal use.

However, the past year has shown just how divided the Supreme Court stands on this issue.

To pot or not to pot

The STF started judging these cases in 2015. At the time, 3 out of the 11 Justices voted for the decriminalization of marijuana possession for personal use. One judge, Gilmar Mendes, spoke out publicly about the need to decriminalize all drugs — not just marijuana. His colleague, Luís Roberto Barroso, also declared his potential support of legalizing cocaine for personal use, depending on the results of decriminalizing marijuana.

"We should legalize marijuana. Production, distribution, and consumption. Treat it as we treat cigarettes, a commercial activity. Meaning: pay taxes, follow regulations, no commercials, public counter-propaganda, and controls. This breaks the power of drug traffickers. Because what gives traffickers power is illegality," said Justice Barroso in a public statement in February 2017. "And, if it works out with marijuana, I think we should do the same with cocaine to really shut down drug trafficking."

However, President Temer's appointment of Alexandre de Moraes added one more opposing voice to marijuana in Brazil's Supreme Court. While pro-cannibis Brazilians may have had some shred of hope with the former Supreme Court line-up, Moraes tore that shred to pieces. Last year, upon taking up his role as a justice, he declared a "war on drugs". Moraes announced a National Security Plan last December that defined drug policy as a security issue, rather than one concerning public health.

So far, it looks like Brazil will continue debating the two essential sides 0f the legalization debate: do we make society safer by cracking down on marijuana, or by forming a regulated, commercial market?

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Brazil holds 6th annual Marijuana March while Supreme Court remains at a stalemate - plus55
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