No. Delta 9 THC remains illegal in Brazil under federal narcotics legislation, with possession, sale, or cultivation punishable by law. The 2024 Portaria SVS/MS N° 344 classifies it as a restricted substance, while the 2026 Projeto de Lei N° 399/2015 proposes limited medical exceptions, pending congressional approval. Enforcement prioritizes trafficking over personal use, but penalties include fines and imprisonment.
Key Regulations for Delta 9 THC in Brazil
- Federal Control: Delta 9 THC is listed in Portaria SVS/MS N° 344/1998 (Annex I), prohibiting all non-authorized production, import, or distribution.
- Medical Exceptions: Only CBD-based medications (with <0.2% THC) are permitted under RDC N° 327/2019 (ANVISA), requiring special import licenses for patients.
- State-Level Variations: Some states (e.g., São Paulo) enforce stricter penalties for trafficking, while others (e.g., Rio de Janeiro) focus on harm reduction for personal use.
Local enforcement agencies, including the Polícia Federal and ANVISA, conduct periodic inspections targeting unlicensed cannabis products. Travelers carrying Delta 9 THC risk confiscation, fines, or detention, even for trace amounts. The 2026 legislative debate may alter medical access but will not legalize recreational use.