Constitutional Court Urges Govt to Conduct Study on Medical Marijuana

TEMPO.CO, Jakarta - The Constitutional Court urged the government to immediately conduct scientific studies regarding the use of type-1 narcotics, such as marijuana, for health services or treatment. The results of the research can be used to determine policies, including amending laws.

This was emphasized by the Court in considering the judicial review of Law No. 35 of 2009 on narcotics which was proposed by several mothers of children with brain function disorders (cerebral palsy) and non-governmental organizations.

“A very comprehensive and in-depth policy is necessary by going through important stages that must begin with scientific research and assessment,” said Constitutional Justice Suhartoyo when reading out his judgment as broadcasted on the YouTube channel of the Indonesian Constitutional Court, Wednesday, July 20, 2022.

The absence of scientific studies and research, said Suhartoyo, makes the imperative use of type-1 narcotics only allowed for the purpose of scientific development. The restriction is made because type-1 narcotics have the potential to cause very high addiction.

On the other hand, Suhartoyo explained, the Court acknowledged a very urgent need whether or not type-1 narcotics could be used for health services or therapy.

He said the study and research on the use of medical marijuana could be carried out by the government or the private sector with the Health Ministry's permit.

The government along with stakeholders, Suhartoyo went on, must also regulate in detail anticipatory measures of the possibility of the misuse of type-1 narcotics.

In its decision, the Constitutional Court rejected the judicial review of Article 6 (1a) and Article 8(1) of the Narcotics Law with Case number 106/PUU-XVIII/2020 on the use of medical marijuana. 

ANTARA

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