News:2026-05-06/Policy/brazils-superior-court-of-justice-rules-that-a-writ-of-injunction-cannot-authorise-home-cannabis-cultivation
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News record6 May 2026Policy
Brazil's Superior Court of Justice rules that a writ of injunction cannot authorise home cannabis cultivation
The Superior Tribunal de Justiça (STJ) reported that its Corte Especial, with Minister Og Fernandes reporting the case, unanimously held in case MI 379 that a mandado de injunção (writ of injunction) cannot be used to obtain authorisation for an individual to import and cultivate cannabis at home for medicinal purposes. The writ had been filed against the Ministry of Health and the health regulator Anvisa. The STJ reported that the court found no absolute regulatory omission, since partial rules already cover industrialised cannabis products, exceptional importation by individuals and authorisations for legal entities, and that creating a home cultivation regime by court order would take over a regulatory function belonging to the legislative and executive branches. It also reported that the court judged preventive habeas corpus, which the Third Section (Terceira Seção) already handles, the more suitable route, denied the order and declared moot the internal appeal against the refusal of an interim injunction.
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