- An attempt was recently made by various members of the general public and non-governmental organizations to seek the legalization of the use of marijuana for medical purposes. However, this attempt suffered a significant setback after the Constitutional Court (Mahkamah Konstitusi – "MK") unanimously rejected requests for a review of the Elucidation of Article 6 (1)(a) and Article 8 (1) of Law No. 35 of 2009 on Narcotics. Said articles classify marijuana as a Category I Narcotic, usage of which is a punishable crime.
- In its statement, the MK asserted that even though marijuana is now considered a legitimate medication and has been legalized for medical use in some countries, this fact does not mean that a similar standard should be set in Indonesia as well, due to prevailing cultural and political differences. The MK also acknowledged that while certain illnesses can be treated through the use of marijuana, moves towards legalization are likely to have a significant impact on Indonesian society in the absence of an adequate level of preparedness. In this regard, the MK claimed that the country’s existing legal structures and national culture are not yet ready for such a bold move and also stated that Category I Narcotics are associated with high levels of addiction.
- In the line with this consideration, the MK has affirmed that it has no choice other than to prioritize the conducting of further scientific research and studies into the possibility of permitting the use of Category I Narcotics for medical purposes. Said findings will then be taken into consideration by the legislative body with a view to a possible amendment of the existing legal framework on the use of Category I Narcotics.
- For more on this story, see Hukumonline: “Alasan MK Tolak Legalisasi Ganja untuk Kepentingan Medis”.
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