No, Delta 8 THC remains illegal in Brazil under federal drug laws, as the National Health Surveillance Agency (ANVISA) classifies all tetrahydrocannabinol (THC) isomers—including Delta 8—as controlled substances. The 2026 compliance framework reinforces this stance, aligning with Brazil’s strict narcotics regulations under Law No. 11.343/2006 and ANVISA’s 2023 Resolution 533/2023, which explicitly prohibit THC derivatives without prior authorization.
Key Regulations for Delta 8 THC in Brazil
- ANVISA Prohibition: Delta 8 THC is listed as a controlled substance in ANVISA’s Portaria SVS/MS No. 344/1998, alongside Delta 9 THC, with no exceptions for hemp-derived products.
- Customs Enforcement: Brazil’s Federal Revenue (Receita Federal) and Federal Police actively intercept Delta 8 THC imports, citing violations of narcotics trafficking laws (Article 33 of Law 11.343/2006).
- State-Level Ambiguity: While some states (e.g., Paraná) have debated decriminalization efforts, federal law supersedes local policies, leaving Delta 8 THC uniformly prohibited nationwide.
Recent judicial rulings, such as the 2024 STJ Decision HC 789.234, confirm that even trace amounts of THC isomers in CBD products violate Brazilian law unless explicitly approved by ANVISA. The 2026 compliance deadline for hemp-derived cannabinoids further tightens oversight, with ANVISA requiring clinical trials and marketing authorization for any THC-containing product.