The Constitutional Court rejected on Wednesday a petition to legalize medical marijuana filed by three mothers of children with terminal illnesses needing the drugs to treat symptoms.
he Constitutional Court rejected on Wednesday a petition to legalize medical marijuana filed by three mothers of children with terminal illnesses needing the drugs to treat the symptoms.
The court concluded that there was insufficient research in Indonesia to justify a ruling in favor of the petitioners, who challenged the ban on the use of medical marijuana in the 2009 Narcotics Law.
Under the law, cannabis is categorized as a type-1 narcotic that is prohibited from being consumed in Indonesia, including for therapeutic purposes and its production explicitly banned except for certain research purposes, alongside opium, cocaine and methamphetamine. It is among the world’s harshest drug regulations.
The court rejected the arguments of the petitioners that pointed to dozens of other countries that had legally provided treatments using cannabis and its derived substances.
But the nine-member bench also said that “the government needs to immediately conduct research” on the use of medical marijuana.
“The results of which can be used to determine policies, including, in this case, the possibility of changing the law," Justice Suhartoyo read out the ruling, adding that the authority to re-categorize marijuana fell with the policymakers, not the court.
The petitioners had argued that the ban violated the Constitution, which protects their right to enjoy the benefits of scientific advancement and the right to health care.
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