The Second Chamber of Brazil's Supreme Federal Court (STF) commenced on October 10, 2023, the analysis of an appeal that questions whether possessing small amounts of marijuana and cocaine should be categorized as a criminal offense. In a previous ruling in 2024, the Court decided that possessing marijuana for personal use is not a crime; however, this ruling did not extend to cocaine, and the ongoing deliberation includes both substances in minor quantities.

The current case stands out as it involves a woman from Encantado in Rio Grande do Sul who was accused by the Public Prosecutor's Office (MP) of possessing 2.3 grams of marijuana and 0.8 grams of cocaine, which were argued to be for personal consumption. Initially, the first instance court dismissed the charges, but after an appeal by the MP, the Court of Justice reviewed the ruling and continued processing the case, highlighting a legal gray area concerning personal possession of these illegal drugs.

The outcome of this case could have significant ramifications for drug policy in Brazil, especially regarding personal use of cocaine, as the legal landscape continues to evolve. The STF's deliberation may set a precedent affecting how possession of both marijuana and cocaine is treated in the future, potentially leading to broader discussions about drug decriminalization and the implications for public health and safety.