Brazilian court will rule on cannabis cultivation

A Brazilian appeals court has agreed to rule on whether companies and farmers can plant cannabis in the country, which could open the door to legal cultivation for medicinal and industrial purposes after legislative efforts stalled in recent years.

The decision of the Superior Court of Justice (STJ), Brazil’s highest court of appeals for non-constitutional matters, was made public on March 14 and established its competence to set a precedent at the national level in relation to the importation of seeds and planting of cannabis.

Now, all pending cases regarding permission to plant cannabis in the country will be frozen until the STJ makes a final decision, said two lawyers following the case.

Brazil allows the sale and production of cannabis-derived products, but companies must import key ingredients.

The court’s final decision on cannabis, expected next year, could make it a trailblazer on an issue scorned by many in Brazil’s conservative-leaning Congress, like the 2011 Supreme Court ruling that paved the way for the same-sex marriage.

Brazil has banned the cultivation of Cannabis sativa L, the plant from which hemp and marijuana are obtained. Researchers and cannabis companies have argued that Brazil’s tropical climate is ideal for making it one of the world’s leading suppliers.

Proponents argue that the ban on cultivation in the country raises the final cost of drugs for consumers, who must rely on imports.

“Congress is a bit afraid to decide on the cannabis issue, as it is controversial”said Arthur Arsuffi, a lawyer representing the biotech company DNA Solucoes em Biotecnologia in the case before the STJ.

“So that has delayed a decision, and given the number of lawsuits, the judiciary ends up having to resolve the issue.”

Source: Reuters