Lula pointed out that the drug law, passed during his first term in 2006, already stipulates that drug users should not be arrested. However, the law does not establish criteria to distinguish between users and traffickers, a point that is addressed in the STF ruling.
Lula stated that it is important to have this distinction, but stated that it must be determined by science. “I think it should be up to science, not even lawyers. Where is the psychiatric community in this country that is not speaking up and not being heard?” the president said. “It’s not a criminal law thing, it’s a public health thing. Let’s see what happens, the whole world is using marijuana derivatives to make medicine.”
In addition to the ruling in the STF, the issue is also the subject of the PEC (Proposed Amendment to the Constitution) being discussed in Congress. In Lula's estimation, the presence of this issue in both powers creates an unnecessary conflict between legislators and judges.
If there is a presidential election commission in Congress, it tends to be worse [do que a decisão do STF]. There is already a law that ensures that the user will not be arrested.
President Lula, to UOL
If science has already proven in different parts of the world that it is possible, why this debate for or against? Why not find something healthy, approved by doctors who understand it, by Brazilian psychiatry, around the world, by the World Health Organization, some noble signal to say: “This is it”? And we obey. Why is this vanity feud going on? This does not help Brazil.
President Lula, to UOL
What STF decided
Announcing the majority result, President Luis Roberto Barroso emphasized that the use of marijuana in public places remains prohibited and that the federation criticizes drug consumption. He explained that possession for personal consumption is not considered a crime, but rather an illegal act that does not have a criminal nature.