Why Cannabis Decriminalization Doesn’t Work in Brazil

When the current United Nations Secretary-General, Antonio Guterres, was prime minister of Portugal, he successfully decriminalized the consumption of all drugs. Additional public health measures were enacted to ensure that citizens with substance use offenses were provided with treatment. Other UN member states, including Brazil, have partially followed suit with the decriminalization of cannabis, known colloquially as mahonca, but without supporting public health initiatives, decriminalization has met with less success and oftentimes still results in incarceration. 

Brazil’s cannabis market, which has been on the rise since 2021, is the second highest in the world, as measured by the 2023 Global Organized Crime Index. This index, a comprehensive assessment of organized crime activities worldwide, scored Brazil’s cannabis market at 8.5 out of 10. This places Brazil behind Lebanon, Morocco, and Paraguay, which tied for first place with a score of nine. Cannabis is the most widely used illicit substance in Brazil. A 2023 survey suggests that 20% of Brazilian adults– more than 30 million people –have smoked cannabis at some point in their lives. 

The penalties for possession in Brazil have always been severe, with many receiving prison sentences for possessing small quantities. This policy has put thousands of people, primarily young Black men from the urban periphery, into contact with the criminal organizations that control the country’s prisons. 

While behind bars, ironically, many join drug trafficking organizations, such as the Primeiro Comando da Capital (PCC) and the Comando Vermelho (CV), both of which have their genesis in Brazilian prisons. These gangs wield tremendous power and influence over prison life and are known to settle disputes between inmates and provide the poorest among them with food and other commodities. Inmates who join their ranks can earn far more money from the drug trade than they would in the formal labor market. 

The Organized Crime Index gives Brazil a score of only three out of 10 for its judicial system and detention. This resilience indicator scores how organized crime has infiltrated and influenced a country’s prison system. These criminal organizations’ significant role in the country’s prison ecosystem explains Brazil’s poor score.  

Brazil’s drug law, enacted in 2006, states that drug users are not criminals and, therefore, should not be subject to jail sentences. However, the law fails to distinguish between drug traffickers and users. Although it decriminalizes personal use, legislators made it impossible to avoid prison if a person is considered a drug trafficker, increasing sentences for those judged to be traffickers. 

This lack of distinction has led to a situation where most cases are decided based on police officers’ testimony alone, and studies show that people from population groups that are racially discriminated against are more likely to be considered drug traffickers by the Brazilian police. This has contributed to the high incarceration rates and the influence of criminal organizations in the prison system. 

A potential shift? 

In July 2024, Brazil’s Supreme Court approved the decriminalization of the possession of fewer than 40 grams of cannabis. This ruling could mark a significant shift in the application of drug legislation in Brazil. The country’s prisons, which are overcrowded and largely controlled by illicit organizations, are often referred to as ‘universities of crime’ by PCC members. This is because they provide an environment where young men can acquire criminal expertise and develop lasting networks with criminal operatives. The court’s ruling on possession could lead to a significant reduction in the prison population and, at the same time, weaken the ability of the drug gangs to recruit new members behind bars. This potential shift could have far-reaching implications for the country’s criminal landscape.   

Data on cannabis seizures suggests that if the 40-gram threshold had been in place earlier (see graph below), many of the harmful effects of mass incarceration and its impact on the concentration of crime in prisons could have been avoided. The severe penalties for possession of small amounts of drugs have contributed to a dramatic increase in the Brazilian prison population over the last 20 years, making Brazil the country with the third largest prison population in the world, behind the United States and China. However, the court’s ruling on possession could lead to a significant reduction in the prison population, offering a glimmer of hope for the future of the criminal justice system in Brazil.  

Percentage of cannabis seizures of amounts below the personal use threshold (40 grams) established by the Supreme Court in 2024. Since 2014, 70% to 80% of cannabis seizures have been below the new threshold, according to data from Brazilian state and federal agencies.

 Most of the compressed form cannabis sold in Brazil is produced in Paraguay, and the CV, PCC, and other criminal groups control most of the domestic trade. Criminal organizations use the same routes for cocaine and weapons trafficking, increasing the bottom-line profitability of their businesses.  

Arguably, without cannabis prohibition, organized crime in Brazil might look very different today. Although the cocaine trade– for which Brazil scored nine out 10 in the 2023 Organized Crime Index– has increased the profitability and violence of Brazilian organized crime, the sizeable illegal cannabis trade contributes significantly to its revenues, relatively high social acceptance, and substantial profitability. Cannabis costs around $6 USD per kilo to purchase in Paraguay and sells for $500 – $1,000 USD in Rio de Janeiro and São Paulo. Criminal groups then invest these profits in weapons, criminal control of urban peripheries, and other illicit activities.  

Although the July Supreme Court ruling on cannabis established clear criteria for distinguishing between drug users and traffickers, the court left some loose ends in its decision: it omitted other drugs. It opened the possibility for judges to attribute trafficker status based on subjective circumstances. These omissions could hamper the court’s decision to reduce the prison population in the long term. Nevertheless, the ruling is a step in the right direction toward addressing the dangerous social consequences of tough-on-crime drug regulations and confronting criminal governance in Brazil’s prisons.  

—–

This Brazil analysis by Bruno Pantaleão de Oliveira and edited by Dr. Sara Brittany Somerset is part of the GI-TOC’s series of articles delving into the Global Organized Crime Index‘s results. The series explores the Index’s findings and their effects on policymaking, anti-organized crime measures, and analyses from a thematic or regional perspective.