Acesso a maconha medicinal : o debate judicial e legislativo da cannabis no Brasil

Abstract

The present work aims to study the current legal mechanisms of access to marijuana in Brazil, specifically the popular demands for the legalization and democratization of access to the plant. The categories used for the construction of the discussion were structural racism, capitalism, the penal state, unraveling the phenomenon of criminalization of certain behaviors that develop and structure control mechanisms that determine who is a drug dealer, who is a patient, who is a gardener and who is user. The material was elaborated from the collection of data in official reports about the prohibitionist origin of drugs, starting from the dialectical historical materialism as a methodological line of research. The analysis covers the legislative agenda of regulation proposed by Bill nº 399 of 2015, approved by a special committee of the Chamber of Deputies, amending Law nº 11.343/2006, as well as addressing actors, positions and disputes that occur in the regulatory process and decriminalization of cannabis. The study also involves a brief analysis of the judicial action in guaranteeing (or not) access to marijuana derivatives. The work points out the need for the regulation and subsequent legalization of marijuana, with the objective of mitigating the violent effects of the current “war on drugs”.