In the judgment of Special Appeal No. 2,024,250 (IAC No. 16), the Superior Court of Justice (STJ) (i) recognized the lawfulness of granting sanitary authorization for the planting, cultivation, industrial processing, and commercialization of industrial hemp (Cannabis sativa – Hemp) by legal entities for medicinal and/or pharmaceutical purposes, and (ii) ordered the Federal Government and ANVISA (the Brazilian Health Regulatory Agency) to issue appropriate regulation by May 19, 2025.
On the same date, the Office of the Attorney General (AGU) submitted an “Action Plan” outlining five measures to be implemented by September 29, 2025.
MJAB Insights: The STJ’s decision marks a significant milestone in the regulatory framework for industrial hemp in Brazil, paving the way for the development of a key market from multiple perspectives: medical, pharmaceutical, agricultural, scientific, and economic.
Although the Action Plan presented by the AGU signals an institutional commitment, it reflects a cautious approach to the national regulatory timeline, delaying the normative definition that various sectors of the economy are awaiting in order to operate with legal certainty in this area.
In this context, the active involvement of stakeholders across the hemp production chain will be crucial. Companies and interested organizations should:
- Participate actively in public consultations and upcoming regulatory discussions;
- Assess risks and mitigate legal uncertainties in their business models; and above all,
- Develop technical and legal advocacy strategies based on consolidated international experiences and recognized multilateral standards.
Our firm continuously monitors developments on this matter and is prepared to assist public and private organizations in drafting technical contributions, planning sector-specific regulatory strategies, and ensuring legal protection for new ventures related to industrial hemp.