comprar seeds no brasil

Is it legal to buy cannabis seeds in Brazil?

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​​​​​On trial of embargo of divergence , the Third Section of the Superior Court of Justice (STJ) considered that the importation of a few marijuana seeds is not sufficient to qualify the perpetrator of the conduct for the crimes provided for in the Drugs Law. Upon recognizing the atypicality of the conduct, the board determined the closure of the criminal action .

With the decision, taken by majority vote, the section resolved a difference between the Sixth Panel – which already had this orientation – and the Fifth Panel – for which the typicality of the conduct of importing marijuana seeds, as it conforms to the article 33 of the Drug Law (Law 11,343/2006).

"Criminal conduct is restricted to actions aimed at drug consumption and the verbal nuclei of sowing, cultivating or harvesting plants intended for the preparation of a small quantity of drugs, also for personal consumption. From this perspective, the act of importing a small quantity of seed would constitute, in theory, a mere preparatory act for the crime of article 28 , paragraph 1 – unpunishable, according to our legal system", explained minister Laurita Vaz, referring to the Drug Law.

The defendant's defense filed divergence embargoes because there is dissension among the criminal law classes of the STJ regarding the typicality or not of the conduct of importing marijuana seeds in small quantities.

Drug concept

Rapporteur of the embargoes, Laurita Vaz highlighted that the Sixth Panel has recognized the atypicality due to the lack of legal provision that expressly criminalizes, among the conducts of article 28 of the Drug Law, the importation of a small quantity of raw material or input intended for preparation of drugs for personal consumption.

The minister recalled that the concept of "drug", for criminal purposes, is that established in article 1 , sole paragraph, combined with the article 66 , both of Law 11,343/2006 – criminal rule complemented by Ordinance 344 from the Health Surveillance Secretariat of the Ministry of Health, dated May 12, 1998. According to the judge, the ordinance does not include marijuana seeds in the list of products that can be considered illicit drugs.

According to Laurita Vaz, the psychoactive substance found in the plant Cannabis sativa – tetrahydrocannabinol (THC) – does not exist in the seed, which is why the case res judicata cannot be classified in any of the hypotheses of article 33 of Law 11,343/2006, which describes the crime of trafficking.

"Furthermore, the governing law provides as criminal conduct the sowing, cultivation or harvesting of the prohibited plant (article 33, paragraph 1, item II; and article 28, paragraph 1). Although the seed is a necessary prerequisite for the first action, and the blueprint for the others, the importation (or any of the other verbal nuclei) of the seed is not described as typical conduct in the Drugs Law", he pointed out.

STF

Laurita Vaz also highlighted that the understanding reached by the STJ is in line with recent decisions of the Federal Supreme Court (STF), which has also recognized the absence of just cause and determined the suspension of criminal actions in cases involving the importation of marijuana seeds into reduced quantity, especially because such seeds do not contain the active ingredient of the drug.

"In honor of legal certainty and the principle of reasonable duration of the process, I bow to the majority understanding already formed in this Superior Court of Justice, which is in line with the Supreme Court precedents that consider the importation of a small quantity of seeds of marijuana", concluded the minister.

By welcoming the motion for dissent , the Third Section, unanimously, ordered the suspension of the action against the appellant, accused of importing 16 seeds from the Netherlands.


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