Petitioners of Narcotics Law Add List of Asian Countries Legalizing Medical Cannabis
JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for a judicial review petition of Law No. 8 of 1976 on the Ratification of the Single Convention on Narcotic Drugs, 1961 and the Protocol that Amends It by Pipit Sri Hartanti and Supardi. The second hearing for the case No. 13/PUU-XXII/2024, filed by parents to Shita Aske Paramitha, who has cerebral palsy since childhood, took place on Monday, February 26, 2024 in one of the Court’s panel courtrooms
Legal counsel Singgih Tomi Gumilang conveyed the revisions to the petition, including that the Petitioners challenge Article 1 paragraph (2) of Law No. 8 of 1976 and its elucidation against Article 28H paragraph (2) of the 1945 Constitution. They had also added some information on Asian countries that have legalized cannabis for medical treatment.
“[The Petitioners] request that the Court declare the material of Law No. 8 of 1976 on the Ratification of the Single Convention on Narcotic Drugs, 1961 and its elucidation unconstitutional and not legally binding if not interpreted as ‘The Protocol amending the Single Convention on Narcotic Drugs up to protocol of the 63rd session including the Commission on Narcotic Drugs’ 63 session in Vienna, March 2-6, 2020, which uses document E/CN.7/2020/CRP.9,’” said Singgih before Constitutional Justices M. Guntur Hamzah (panel chair), Daniel Yusmic P. Foekh, and Ridwan Mansyur.
The Petitioners believe that Article 1 paragraph (2) of the Narcotics Law are in violation of Article 28H paragraph (2) of the 1945 Constitution. They assert that they have made a lot of efforts for their children’s recovery. A lot of research trials found that oil extracted from cannabis with cannabidiol and THC content is effective in treating children suffering from complex motor disorders. In short, the use of medical cannabis can reduce the impact of dystonia and seizures as well as improve motor function and quality of life.
However, Indonesia classifies marijuana and its derivatives as Class I narcotics or dangerous substances in Law No. 35 of 2009 on Narcotics. In their petition, the Petitioners argue that the classification of narcotic substances is the right of every state as long as it is done with good intentions for the development of health services and the State can control substances by ensuring distribution licenses in accordance with their designation. The State has full authority over changes to the class or its determination by reviewing the objectives of the Convention and laws therein, including in Indonesia. The classification of these substances should not subjugate to politics and geopolitics at the time the 1961 Single Convention was formed, but should be seen as an urgent need for health services in Indonesia today. This is in order to ensure the fulfillment of the needs of drugs that fall into Class I as well as the State’s independence for better health services.
The Petitioners request that the Court declare the material content of Article 1 paragraph (2) along with its elucidation and of paragraphs 7 and 8 of Law No. 8 of 1976 on the Ratification of the Single Convention on Narcotics, 1961 and the Protocol that Amends It along the phrase ‘The Protocol amending the Single Convention on Narcotic Drugs, 1961′ unconstitutional and not legally binding as long as it is not interpreted as ‘The Protocol amending the Single Convention on Narcotic Drugs up to protocol of the 63rd session including the Commission on Narcotic Drugs’ 63 session in Vienna, March 2-6, 2020, which uses document E/CN.7/2020/CRP.9.
Author : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Fauzan Febriyan
Translator : Yuniar Widiastuti (NL)
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
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