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CNJ will carry out a prison effort to comply with the STF’s decision on marijuana

Supreme Court decriminalized possession of up to 40g of the drug.

From the Editor

 

Friday, June 28, 2024

 

Updated at 07:14

 

The Supreme Federal Court concluded on Wednesday, the 26th, the trial that decriminalized the possession of marijuana for personal use, ordering the National Council of Justice to adopt measures to comply with the decision. Among the actions to be carried out are the organization of prison task forces with the Public Defender's Office to investigate and correct arrests that were ordered outside the parameters set forth in the decision.

 

The CNJ, which is awaiting official notification of the STF's decision, will conduct a survey throughout the country to implement the established guidelines. The coordination of these actions will be the responsibility of the Department of Monitoring and Inspection of the Prison System and the System of Execution of Socio-Educational Measures, linked to the presidency of the CNJ and coordinated by judge .

 

According to data from the National Bank of Repetitive Demands and Mandatory Precedents of the CNJ, there are 6,343 suspended processes awaiting this definition throughout the country.

 

Decision parameters

 

As established in RE 635.659, anyone who acquires, stores, deposits or transports up to 40 grams of cannabis sativa or six female plants will be presumed to be a user. The STF concluded that possession of marijuana should be characterized as an administrative offense, without criminal consequences. The sanctions provided for include a warning about the effects of the drug and attendance at an educational program or course, in accordance with items I and III of article 28 of the drug law, being applied in non-criminal proceedings.

 

CNJ will conduct a survey to comply with the STF decision on the decriminalization of marijuana for personal use. (Image: Disclosure/CNJ)

Implementation and clarifications

 

link: https://www.migalhas.com.br/quentes/410248/cnj-fara-mutirao-carcerario-para-cumprir-decisao-do-stf-sobre-maconha