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Court rejects ‘cannabis tree’ judicial review petition
The Constitutional Court has found that the petitioner, a man who was sentenced to six years in prison for growing marijuana, does not have a strong basis to challenge the Narcotics Law.
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A marijuana plantation. (Shutterstock/Noppadon stocker)
W
hen he stood trial for allegedly growing and owning cannabis in October 2020, 21-year-old Ardian Aldiano filed a judicial review petition with the Constitutional Court against the 2009 Narcotics Law.
The police arrested Ardian for owning and growing hydroponic cannabis that, he claimed, was used to relieve symptoms of epilepsy. The Surabaya District Court eventually found him guilty of violating the Narcotics Law and sentenced him to six years in prison.
By filing a petition, he hoped the Constitutional Court would provide a legal interpretation of the Narcotics Law that would allow people to legally grow and consume marijuana for medical treatments.
But his hope was shattered on Thursday, when the court rejected the petition and refuted Ardian’s argument that the provisions on cannabis in the 2009 Narcotics Law were unclear.
During a ruling hearing in Jakarta on Thursday, Constitutional Court justice Aswanto said there was no confusion about the definition of the word “tree” in the Narcotics Law as argued by the plaintiff.
Read also: Up in smoke: Ministry to revoke marijuana’s designation as ‘medicinal plant’
In his petition, Ardian argued that the definition of “tree” as stipulated in Article 111 and Article 114 paragraph 2 of the law was unclear, therefore causing a legal disparity.
