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Constitutional Court rejects call to legalize medicinal marijuana

Reuters - July 20, 2022

Jakarta – The Constitutional Court on Wednesday rejected a judicial review of the country's narcotics law that would have paved the way for legalizing marijuana for medicinal use, a panel of nine judges ruled.

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

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

"The court needs to emphasize that the government [should] 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.

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.

Indonesia 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.

But the issue has recently gained traction after a mother, Santi Warastuti, whose 13-year-old daughter has cerebral palsy, called for the legalization of marijuana for medical research on one of the weekly Car Free Day (CFD) on Jl. Sudirman and Jl. MH Thamrin last month.

The 43-year-old mother went viral after she held a placard on the crowded CFD that read: "Help, my child needs medical marijuana."

The House of Representatives has recently discussed amending the rules governing medicinal marijuana, saying it would undertake a comprehensive study on its benefits.

Any moves to legalize it would follow Thailand, which became the first country in Southeast Asia to green-light medical marijuana in 2018, and cannabis cultivation and consumption this year.

Source: https://www.thejakartapost.com/indonesia/2022/07/20/constitutional-court-rejects-call-to-legalize-medicinal-marijuana.htm