July 21, 2022 – the Constitutional Court (MK) stated that medical marijuana should not be used for health reasons. This is stated in case decision number 106/PUU-XVIII/2020. The Constitutional Court also rejects the formal review of the Narcotics Law regarding articles prohibiting the use of class I narcotics.
The Chairman of the Panel of Judges Anwar Usman entirely rejected the application from the petitioner virtually on Wednesday (20/7).
Thus, the provisions of Article 6 Paragraph (1) and Article 8 Paragraph (1) of the Narcotics Law remain unchanged. Class I narcotics, including medical marijuana, is not allowed to be consumed even for medical reasoning.
The Court urges the government to conduct research on the health benefits of medical marijuana. This request was made after the Court rejected legalizing medical marijuana.
“The Court is of the opinion that an immediate research and study should be carried out on the variety of class I narcotics to determine whether or not they can be used for health purposes and therapy, where the latter is part of the former,” said Anwar.
The Court suggested that the government determine the policy through a revision of the law. It’s because the Court considers that the change of norms in the Narcotics Law is in the domain of the lawmakers, which is the government and DPR.
So far, there are more risks than benefits of narcotics for medical purposes if the government has no facilities or infrastructure prepared yet.
Plea of Mothers For Their Children
Three mothers have sued the prohibition on the use of narcotics class I for health as regulated by the Narcotics Law. They are Dwi Pertiwi, Santi Warastuti, and Naflah Murhayanti, mothers of children with cerebral palsy.
They caught the public eye for the silent protest done in Car Free Day Jakarta. They carried posters with the plea of legalizing medicinal marijuana.
