Indonesian court rejects appeal to legalise medical cannabis

JAKARTA • Indonesia's Constitutional Court yesterday rejected a judicial review of the country's narcotics law that would have paved the way for legalising marijuana for medicinal use.

Three mothers of children with cerebral palsy backed by civil society organisations filed a judicial review of the country's strict narcotics law in 2020, arguing for the use of medicinal marijuana to treat symptoms.

The judges yesterday said there was insufficient research to justify a ruling in favour of the plaintiffs, but urged the government to "immediately" conduct research on the therapeutic usage of narcotics.

"The court needs to emphasise that the government immediately follow up… The results of which can be used to determine policies, including in this case the possibility of changing the law," said Judge Suhartoyo, who like many Indonesians uses one name only.

Decriminalisation of cannabis would be a dramatic shift for the South-east Asian nation, which has one of the world's strictest anti-drug laws, with penalties for possession or trafficking of large quantities of narcotics including life imprisonment and death.

The plaintiffs had argued that not being allowed to use narcotics for medical reasons was a constitutional violation of citizens' rights to obtain health services and benefit from the development of science and technology.

"The Constitutional Court has only shifted the responsibility to the government by asking the government to immediately conduct research," said Ms Yosua Octavian from the Legal Aid Institute, a civil society group involved in the case.

"The point has been rejected… So people who use marijuana for health reasons in Indonesia will continue to be punished."

Thailand set a precedent in 2018 by becoming the first Asian country to legalise medicinal cannabis. Earlier this year, Thailand further legalised the growing of marijuana and its consumption in food and drinks.

However, the relaxation has resulted in several incidents involving adults, and even children as young as three, receiving treatment for symptoms due to cannabis consumption, prompting pushback from medical professionals and child welfare groups.

The backlash has forced the authorities to enact piecemeal laws to temporarily close the current legislation gap on the plant.

REUTERS, THE JAKARTA POST/ASIA NEWS NETWORK