Brazil’s Superior Court of Justice (STJ) has once again extended the timeline for long-awaited hemp regulations, granting the federal government and health agency Anvisa until next spring to finalize rules for importing low-THC cannabis seeds and cultivating hemp for medicinal and scientific use.
The unanimous decision by the STJ was in response to a request from the Attorney General’s Office, which argued that the interministerial work required for a national decree cannot be completed under the current schedule.
Regulatory setback
The extension, to March 31, 2026, further delays a process that has stretched across multiple missed deadlines since late 2024, when the STJ ruled that low-THC cannabis does not fall under Brazil’s Narcotics Act and ordered regulators to establish a compliant framework within six months.
Justice Regina Helena Costa, who authored that ruling, last week accepted the government’s position that the rulemaking work requires more time. In granting the postponement, she noted that the agencies involved are making an effort to comply despite technical hurdles.
The new deadline replaces a September 2025 cutoff that Anvisa did not meet, prompting the agency—through the Attorney General’s Office—to request additional time. In October 2025, Anvisa officials said the delay reflected the scientific and regulatory demands of cannabis cultivation and the need for further dialogue across government, industry and civil society.
They also sugggested the matter be brought before the Council for Sustainable Economic and Social Development, known as the Conselhão, to broaden political input.
Industry frustration
The repeated delays have caused mounting frustration among researchers and hemp stakeholders. In October, representatives from EMBRAPA, the Brazilian Agricultural Research Corporation, said the extension would further slow research and limit Brazil’s ability to make decisions grounded in scientific evidence.
They emphasized that without clear rules, projects aimed at developing new varieties or scaling domestic production cannot advance. Hemp was not recognized for its non-medical applications in Judge Costa’s original ruling. That means hemp cultivation for fibre and grain so far has been limited to research and pilots.
Brazil is projected to spend more than $150 million on cannabinoid-based medicines in 2025, much of which is imported. Analysts say domestic production could grow significantly over the coming decade if rules are established, reducing reliance on foreign suppliers. Industry advocates have warned that continued delays undermine national interests, particularly given Brazil’s dependence on imported active pharmaceutical ingredients and the rising global competition in cannabinoid- and hemp-derived products.
Lingering uncertainty
The STJ’s new extension underscores the difficulty Brazil has faced in implementing a regulatory framework despite clear judicial direction. The court’s November 2024 decision binds lower courts and requires regulators to create rules that allow seed importation, cultivation, and the development of both medicinal CBD products and industrial hemp materials.