PAULA, M. C. E.; http://lattes.cnpq.br/7444989576670147; PAULA, Maria Caroline Estrela de.
Résumé:
The discussion about the possibility of legalizing the cultivation and production of cannabis sativa for medicinal use is a recurring subject and of great social, moral and legal repercussion. The present research begins with the historical presentation of how the use of cannabis spread in the world and in Brazil, later brings the existing aspects with the prohibition policy adopted by the Brazilian criminal order system, highlighting the main changes. over time, bringing definitions and concepts regarding the penalty setting criterion for users and traffickers, and concludes with the discussion of a possible legalization of the cultivation and production of medicinal therapeutic use of cannabis. This paper aims to analyze the benefits generated by the legalization, decriminalization and / or regulation of the use of cannabis for medical purposes, besides showing the impacts generated by its prohibition and how a possible adequacy of state control in the sale of this substance can assist in combating and reducing violence and drug trafficking, as well as helping to reduce spending and increase the economy. The existing problem arises because of the lack of specific regulation of the Brazilian legal system regarding the legalization of medicinal cannabis sativa. The methodology used in the research when the hypothetical deductive approach to the problem is a qualitative research, with exploratory and descriptive objectives, whose technical procedure was bibliographically based. The result of the study demonstrates that it is necessary in the face of the increasing increase in the therapeutic use of marijuana, the elaboration of a specific regulation that enables the cultivation and production of cannabis, to provide access to those who most need its medicine’s properties. who are more socioeconomically vulnerable. Therefore, it is concluded that it is necessary to discuss and approve the numerous projects that are underway regarding the legalization and regulation of marijuana.