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A court in Indonesia rejects a request to legalise medical marijuana

Image: Reuters Berita 24 English -A panel of nine judges from Indonesia's Constitutional Court decided on Wednesday to reject a legal c...


Image: Reuters

Berita 24 English -A panel of nine judges from Indonesia's Constitutional Court decided on Wednesday to reject a legal challenge to the nation's drug laws that would have made marijuana legal for medical purposes.

In 2020, three moms of cerebral palsy children, supported by civil society organisations, requested a judicial review of the nation's harsh drug laws, alleging that medical marijuana may be used to treat symptoms.

The justices urged the government to "immediately" pursue research on the medicinal use of opioids despite stating that there was insufficient evidence to support a finding in the plaintiffs' favour.

"The government [should] swiftly follow up, the court must emphasise. Which can lead to the development of policies, including in this case, the potential for modifying the legislation, "said Judge Suhartoyo, an Indonesian who only goes by one name.

Decriminalizing cannabis would be a significant policy change for the Southeast Asian country, which has one of the harshest anti-drug laws in the world, with life in prison or the death penalty for large-scale drug trafficking or possession.

The plaintiffs had asserted that it was a constitutional infringement to forbid the use of drugs for medical purposes since it interfered with people's ability to access healthcare and advance science and technology.

By requesting that the government conduct study right away, the Constitutional Court has just transferred responsibility to the government, according to Yosua Octavian of the Legal Aid Institute, a civil society organisation participating in the case.

"The argument has been dismissed. As a result, those who use marijuana in Indonesia for medical purposes will still face penalties."

After Santi Warastuti, whose daughter, 13, has cerebral palsy, called for the legalisation of marijuana for medical research on a busy Jakarta street, the subject attracted attention.

The mother, 43, gained notoriety on social media after holding a sign that read, "Help, my child needs medical marijuana," on a busy street.

The Indonesian parliament has said that it will conduct a thorough investigation on the advantages of medical marijuana.

Any efforts to legalise would follow Thailand's lead, which this year approved the growing and use of cannabis for both personal and medical use. Thailand was the first nation in the region to do so in 2018.


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