Brazilian legislation classifies marijuana as an illegal substance and prohibits its use, acquisition and transportation. Although, in an ongoing trial in Brazilian’s Supreme Court, the judges are discussing if the simple fact of walking around with a small amount of drugs it is actually a violation of one’s rights. On one side the individual freedom, on the other the public health. After a brief history of cannabis use, we will see how this plant can help treat many diseases and what is being done in Brazil to change the current legislation that, even though it’s only thirteen years old, it is already dated and ineffective. Finally, we will finish with how the trail is going and how were the three votes already presented, all in favor of decriminalizing the possession of a small amount for personal use.