Publication meets STJ’s decision and allows import from any country by means of a phytosanitary certificate and health inspection
The Ministry of Agriculture and Livestock has published a ordinance that establishes the phytosanitary requirements for the importation of seeds cannabis sativa From any country. The measure was signed by the folder’s Secretary of Agricultural Defense, Carlos Goulart, to comply with the STJ (Superior Court of Justice) decision.
The measure was published on Monday (28.Jul.2025) in DOU (Official Gazette of the Union). Ice A (PDF – 124 KB).
The standard classifies seeds as “category 4” within the Brazilian phytosanitary control system, which indicates moderate risk and imposes specific requirements for the entry of plant material in the country.
To release the importation, the shipping must be accompanied by a phytosanitary certificate issued by the National Phytosanitary Protection Organization of the country of origin. The document needs to attest, among other points, that the seeds are free of pests as grapholita delineana, Orobanche Ramosa, Fusarium oxysporum f.sp. hemp, ditylenchus dipsaciamong others.
The loads will be submitted to inspection at entry points in Brazil. If necessary, samples will be collected for analysis in an official or accredited laboratory. Shipping costs and analyzes will be the responsibility of the importer. If quarantine pests are identified, the lot will be destroyed or returned to the country of origin, which may have suspended exports until revision of risk analysis.
Countries that are free from the pests listed may submit alternative statements in the phytosanitary certificate, but need to obtain prior authorization from the Brazilian Onpf for this.
The Ordinance does not directly mention the medicinal use of the seeds, but was published to comply with the STJ’s decision in the incident of Competence No. 16, related to Special Appeal 2024250/PR. The trial recognized the legality of imports of cannabis seeds by individuals with judicial authorization to cultivate for medicinal or scientific purposes. Thus, the regulation of the Ministry of Agriculture enables compliance with these decisions by establishing phytosanitary rules for the entry of seeds in the country.
The standard does not establish adaptation deadlines or exempt the importer of compliance with other cannabis legal requirements, such as Anvisa’s authorizations or specific judicial decisions.
