January 30, 2014
In an unprecedented decision, Judge Ernesto Frederico Cardoso Maciel, Federal District, acquitted a man caught trafficking 52 bundles of marijuana that it is unconstitutional to ban this drug. The award was given in October last year, but the case has repercussions in the legal community in the last 16, where the Court of Justice of the Federal District placed the action in question to review the appellate prosecutor. No date yet for the new trial.
Maciel assumed that the Drugs Act, 2006, did not list which drugs are illegal and left the Ministry of Health (MOH) the power to make this correlation. The magistrate ruled incomplete Ministerial Order 1998 that indicates which substances are considered narcotics, including the tetraidrocarbinol (THC) found in marijuana leaf. For him, the ministry should justify why included the active ingredient of the herb on its rolls. According to Maciel, the agency would need to justify the choice of substances in the ordinance, which includes THC F list.
“Ordinance 344/98 undoubtedly an administrative act that restricts rights, lacks any motivation on the part of the State and does not justify the reasons include the restriction of the use and trade of various substances, in particular contained in some F list, as THC, which plan demonstrates the illegality of the administrative act, “said the judge in sentencing.