Constitutional Court Rejects Attempt to Legalize Medical Marijuana

TheIndonesia.co - The Constitutional Court has rejected the application for judicial review of Indonesian narcotic law that could see the legalization of medical marijuana in the country.

The judicial review request of Law No. 35/2009 on Narcotics was submitted by several mothers whose children are diagnosed with cerebral palsy (CP) and NGOs in an effort to make medical marijuana, which can be used to treat CP patients, legal.

“[The Constitutional Court] rejects the application in its entirety,” Chief Justice Anwar Usman announced on Wednesday, July 20, as reported by Antara.

During the verdict, Constitutional Justice Suhartoyo called applicant’s argument that says Article 6 paragraph 1 (a) and Article 8 paragraph 1 of the Law unconstitutional, as legally baseless.

The Law regulates that marijuana is included in “Narcotics Group I”, and Article 8 paragraph 1 states, “Narcotics Group I shall be prohibited to be consumed for the interest of health service.”

Marijuana legalization for medical purposes have become one of the most talked-about issues in Indonesia in the past month after one of the judicial review applicants Santi Warastuti publicly demanded the legalization of medical marijuana during a car free day occasion in Jakarta back in June.

Afterwards, the House of Representatives confirmed that it will discuss the matter very carefully and will involve experts in the process.

“The [decision] to accept or reject the possibility of marijuana legalization can’t be rushed,” member of Commission III Arsul Sani said.

The Indonesian Ulema Council (MUI) also said it will formulate a fatwa on the use of medical marijuana in Indonesia.

Vice President of Indonesia Ma’ruf Amin, who is also the chairperson of MUI’s advisory council, said MUI is open to deliberating and issuing a relevant fatwa on the use of marijuana for medical purposes since it’s considered a pressing issue.

“MUI has decided that marijuana is prohibited, but [only] if it causes problems; the Al-Quran also prohibits it. However, medical issue is an exception, and MUI has to create the fatwa first [before] allowing the use,” Amin said.