LEGALIZATION OF CANNABIS IN BRAZIL AND ITS SOCIAL IMPLICATIONS
Vinícius Viana Gonçalves1
ABSTRACT
The article examines the impacts of cannabis legalization in Brazil, stressing the need to reassess drug policies to combat crime and enhance health treatments.
Keywords: Cannabis, Legalization, Drug policy, Crime, Health treatments
INTRODUCTION
The debate surrounding Cannabis sativa in Brazil still remains a taboo topic, in the midst of a context where denial and disregard for science have gained ground, addressing this sensitive and crucial subject becomes challenging for defenders of progressive ideas. While the modern world advances in medical research, new health treatments and transformative social actions, here in Brazil, discussing and visualizing the possibility of decriminalization and legalization seems distant.
This article aims to analyze relevant aspects, both in terms of political-social consequences and new health treatments based on research carried out in regions where legalization occurred. These advances can become reality through the implementation of a new drug policy in the country.
It is crucial to reevaluate Brazilian drug policy in a clear and effective way. Historically, this policy was associated with the speeches of political leaders and governments that emphasized only the illegal drug trade. However, this market, which involves the production and distribution of substances such as marijuana, cocaine and opium, is not limited to this. It also feeds large criminal organizations and multinational traffickers, estimated to move between 800 billion and 1 trillion dollars annually. This amount finances additional criminal activities, such as arms trafficking, smuggling, terrorism, wars, coups d'état and other illicit activities.
Reflecting on Prejudice and its Impacts: A Path to Reflection.
The saying "Les temps sont durs pour les rêveurs" - translated as "Times are difficult for dreamers" - accurately reflects the dark scenario we have faced in Brazil for some time. Currently, the country's congress resembles a horror film, recalling the aesthetics of low-budget productions directed by Roger William Corman, known for his precarious works, such as the 1964 film "The Killing Mask" (Original Title: The Masque of the Red Death), based on the short story of the same name by Edgar Allan Poe.
The conditions of political-social deterioration, whose beginnings date back to 2013, were corroborated in the most recent electoral elections, in 2018 with the election of the Bolsonaro Government, and currently, with the election of the most reactionary benches since times of Military Dictatorship.The debate on the legalization of drugs returns to the center of discussions due to the STF vote, however, the numerous consequences arising from the prohibition persist, generating social impacts and potentially worsening an already collapsed penal system, overcrowding small cubicles with people.
Currently, there is a greater spread of news about Cannabis on social media, especially those that highlight research on the effectiveness of Cannabidiol in combating degenerative diseases, and this was only possible due to the legalization of Cannabis in many American states, allowing for more research and discoveries about this plant historically stigmatized by Western culture.
In Brazil, carrying out research of this nature is practically unfeasible due to structural problems and the lack of support from Congress. Meanwhile, frequent tragedies, although often unknown to the majority of the population, are experienced by incarcerated people and their families, where this The punitive system tends to segregate mainly residents of peripheral areas, poor and non-white individuals.
A tragic example was the story of Lucas Morais da Trindade, a young black man living on the outskirts, preventively detained for a year for possession of 10 grams of marijuana. Lucas, just 28 years old, had his basic guarantees disrespected and, after contracting COVID-19 while he was imprisoned in Minas Gerais, he ended up passing away, this is a portrait of the selective criminal system and an elite Judiciary and Public Prosecutor's Office, indifferent to the results of its disregard for human lives, evidenced in national statistics2.
In February 2020, a study by the Ministry of Justice revealed that drug trafficking3surpassed prisons for crimes such as robbery and theft, registering an alarming increase of 4%, this occurred in a Penitentiary System that ranks third in prison population in the world4, this system, once covertly used as a mechanism of segregation and social hygiene, is currently explicitly accepted as one of the pillars of state power, without constraints, boasting high rates of incarceration.
A crucial point in this analysis is that it was during a government considered progressive that the social problem of the exorbitant increase in the prison population intensified.
On August 23, 2006, Law 11,343/2006, known as the "Drug Law", came into force. This legislation introduced two dangerous provisions in a reality marked by racism and prejudice. By separating the user from the drug dealer, something that over the years has proven to be a blatant injustice against the most disadvantaged part of society, a survey carried out by Jornal Folha de São Paulo showed that people detained in favela areas are automatically associated with the faction that controls the region, being sentenced based on Article 33 of the Drug Law, while residents of more privileged areas of the cities are treated according to Article 28 of the same law5.
This finding demands a review and a clear and effective reflection on drug policy in Brazil. The fight for changes in this area gained prominence in the early 1980s, with the mobilization of various sectors of society, including musicians, politicians and social activists, they recognized and continue to recognize this debate as crucial, ultimately involving Human Rights and social justice.
It is crucial to understand that the problem of chemical dependency is a public health issue and should not be treated only with incarceration and repression. The State has the obligation to offer prevention and assistance programs to drug users, prioritizing outpatient treatments through interdisciplinary teams. , and promoting alternatives to psychiatric hospitalization, within the mental health service network.
Furthermore, it is essential to address other issues linked to this problem in the context of public health: first, the lack of control by public bodies over the substances produced, which allows adulteration, generating serious risks to the health of consumers; second, the difficulty in implementing policies to reduce harm among drug addicts involved in illegality, such as the high rate of HIV transmission and other diseases among marginalized injecting drug users.
From a socioeconomic point of view, the maintenance of this repressive system tends to: firstly, increase state control and violence against more vulnerable social groups, which are suspected of all types of crimes, which characterizes discrimination; second, extreme social inequality favors family disintegration and violence, leading young people to become involved in organized crime in search of social advancement and prestige; third, criminalization contributes to the increase in arms trafficking, human trafficking, money laundering and political corruption; fourth, illegality increases the value of the products offered, strengthening trafficking organizations; and finally, fifth, the sad increase in violent deaths resulting from disputes over the market and the repression of drug trafficking.
From a legal point of view, it is possible to argue that the disproportionate reinforcement of the police system to the detriment of more dynamic approaches ends up leading to the violation of constitutional principles, guarantees and rights. Over many years, exceptional measures were created aimed at large-scale drug trafficking, but applied only to small and medium-sized drug users, resulting in overcrowding in penitentiaries.
Paraphrasing Vladimir Ilyich Lenin, leader of the Russian Revolution, and his famous phrase that names his 1902 work, the question arises: what can we do to find alternatives in the face of this humanitarian catastrophe, which tends to get worse every day?
Currently, some legislative measures are underway in the Federal Chamber, two Bills, in addition to the decriminalization of Cannabis, are being processed by former deputies Jean Wyllis and Eurico Junior, both projects aim to establish structures for production, industrialization and commercialization of Cannabis and its derivatives, in addition, they propose adjustments to the national system of public policies on drugs and the creation of the National Advisory, Research and Evaluation Council for Drug Policies, with changes to Laws 11,343/2006, 8,072/1990 and 9,294 /19996.
The legalization of Cannabis, observed in other countries, not only provides economic benefits, but can also contribute to reducing a portion of the 56% of murders - approximately 50 thousand deaths per year7- who have a direct connection with drug trafficking in the country, the victims are mostly teenagers and young people from humble or low-income backgrounds, aged between 15 and 28 years old.
Other relevant information reveals an alarming increase in the number of violent deaths due to the war between factions in the country, resulting from the dispute over drug trafficking, totaling 65,502 deaths, representing an increase of 4.2%. This equates to approximately 31.6 deaths for every 100,000 inhabitants8.
It is important to highlight that the profile of victims shows a predominance of black people (73.1% men and 63.4% women), with a low level of education (74.6% men and 66.8% women) and residents in regions economically disadvantaged9.
Another alarming fact refers to the increase in homicides by firearms in Brazil, between the years 1980 and 2017, it was observed that 72.4% of murders in the country were committed with the use of this type of weapon, marking the highest index already registered, these numbers were pointed out by the Institute of Applied Economic Research and the Brazilian Public Security Forum, based on data from the Mortality Information System (SIM) of the Ministry of Health.
Violence monitoring revealed an increase in homicides in 2020, even during the Coronavirus pandemic. This increase in violence is also attributed to drug trafficking and the war against drug trafficking, as indicated by studies, which point to the dispute between drug traffickers as one of the main drivers of this increase in brutality.10.
According to a study by the National Institute of Science and Technology for Public Policy on Alcohol and other Drugs (UNIFESP), more than 1 million Brazilians consume marijuana, 7% of which are adults, of which 62% used Cannabis before the age of eighteen.11.
It is crucial to face the reality that the problems associated with Cannabis are more related to racial issues, poverty and other historical factors than to the supposed dangerousness of the substance. Several studies indicate that, when the appropriate parameters are respected, marijuana is considered more safer than alcohol, one of the legal drugs that most harms society12.
CONCLUSION
The legalization and decriminalization of marijuana are fundamental to guaranteeing the individual freedoms of users, observing experiences around the world, this measure becomes extremely important to reduce social chaos, reduce problems in the prison system and interrupt one of the arms of trafficking, which It has already taken too many lives.
It is clear that other actions must be implemented in the medium and long term, including a reassessment of the State's actions, this implies providing genuine assistance and guaranteeing fundamental rights, such as education, health, sport, culture and other opportunities in people's lives, unfortunately , many only see the illegal drug trade as the only viable way out, in an increasingly prejudiced and punitive country.
The current confrontational stance does not distinguish between the use and abuse of narcotic substances, nor does it regulate their commercial sale or establish quality and health controls for substances sold through trafficking. Furthermore, the lack of tax collection that could be allocated to other issues will not prevent access to drugs, resulting in excessive spending and fueling a deadly prison system for hundreds of adults and young people.
These findings reinforce that the war on drugs, in addition to being costly, is incredibly ineffective, only fueling a humanitarian tragedy. Therefore, the legalization and regulation of Cannabis trade are extremely important to reduce the numbers of violence and criminalization.
It is also important to consider the possibility of offering a general amnesty to people incarcerated for involvement only in the illegal marijuana trade, excluding individuals involved in other crimes, such as homicide, as well as public security agents involved in the crime of trafficking.
In practical terms, the objectives of a prior amnesty are a direct consequence of the discussion on decriminalization and the subsequent Cannabis market, freeing those who were incarcerated or indicted solely for marijuana trafficking, these individuals, often popularly called "planes" or "vapors ", as well as small participants in trafficking, predominantly young people living in peripheral regions and favelas, were attracted to this environment due to the lack of effective public policies on the part of the State, depriving them of dignity and basic socioeconomic conditions for a better life.
CONFLICT OF INTEREST STATEMENT
The authors declare that they have no conflicts of interest
DATA AVAILABILITY STATEMENT
No data associated with the manuscript
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