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Drug possession (for personal consumption)Verified against official source

Verified against official source

This range was checked against the official legal text. Last verified: 2026-10-19.

Statutory range

Art. 28 — measures

Imprisonment: No imprisonment
Fine: —

(I) warning; (II) community service; (III) educational measure. § 1º (sowing / cultivating / harvesting a small quantity for own consumption): same three measures.

Art. 28 §§ 3º–4º — duration

Imprisonment: Duration caps: max 5 months; on reincidence max 10 months
Fine: Fine of 40–100 dias-multa (value per dia-multa per art. 29, by economic capacity)

§ 6º + art. 29: unjustified refusal → verbal admonition, then the fine above.

Note on this entry

NO imprisonment. NO quantity filter — art. 28 § 2º: the judge decides the personal-consumption question considering the nature/quantity seized, place/conditions, social/personal circumstances, conduct, and antecedents. Quantity is a judicial factor, not a statutory bracket. Do not state any gram threshold as statutory (the STF decision RE 635659 content/threshold is not verified). Art. 48 § 2º: no flagrante arrest for art. 28 (term of appearance instead).

Source

Statute: Lei nº 11.343/2006, art. 28
Official source: planalto.gov.br
Verification status
Last verified: 2026-10-19

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors / reincidence except § 4º, judicial § 2º assessment, STF interpretation (RE 635659), plea-type agreements, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.