Constitutional Court Rejects Medical Marijuana, Head Of BNN: I Prefer To Save Young Generation From Drugs

BADUNG - Head of the National Narcotics Agency (BNN) Commissioner General Petrus Reinhard Golose supports the decision of the Constitutional Court (MK) to reject the judicial review of the Narcotics Law against the 1945 Constitution regarding the use of medical marijuana for health.

"I fully support the Constitutional Court's decision," said Petrus in Kuta, Badung, Bali, Thursday, July 28.

"From the start I stated, I did not agree with (legalization of marijuana). I prefer to save the younger generation, your generations, and future generations from the danger (of narcotics)," he continued.

According to him, medical marijuana research has been done. Cannabis is divided into tetrahydrocannabinol (THC) and cannabidiol (CBD).

"We do research, in marijuana it is divided between THC and CBD. The problem is the THC. But, this is necessary for the regent, for examination and always every time there is evidence, we do (check) and the THC content includes high for Indonesia," he explained.

According to Petrus, the state that legalized marijuana had an impact on increasing crime cases.

"Do you want crime in this beloved country Indonesia to increase just because we ignore other problems?" said Peter.

It was previously reported that the Constitutional Court rejected the application for judicial review of Article 6 paragraph (1) letter a and Article 8 paragraph (1) of the Narcotics Law with Case number 106/PUU-XVIII/2020.

"Reject the petition of the petitioners in their entirety," said Constitutional Justice Anwar Usman reading the verdict.

However, the Constitutional Court asked the government to immediately conduct scientific studies and research regarding the use of narcotics class I for the benefit of health services or treatment, the results of which can be used to determine policies, including changes to the law.

This was confirmed by the Court in considering the judicial review of Law Number 35 of 2009 concerning Narcotics (Narcotics Law) which was proposed by a number of women representing people with brain function disorders (cerebral palsy) and non-governmental organizations.

"We need a very comprehensive and in-depth policy that goes through important stages that must begin with scientific research and assessment," said Constitutional Justice Suhartoyo when reading out the considerations for the decision, which was broadcasted online on the YouTube channel of the Indonesian Constitutional Court as reported by ANTARA, Wednesday, July 20.

The absence of scientific studies and research related to the use of narcotics class I for health services or therapy, said Suhartoyo, made the imperative use of narcotics class I only allowed for the purpose of developing science.

Where these restrictions are carried out because class I narcotics have the potential to cause very high dependence.

Suhartoyo explained that on the other hand, the Court saw a very urgent need regarding the certainty of whether or not narcotics class I could be used for the benefit of health services or therapy.

"The Court can understand and have a sense of empathy for patients with certain diseases which, according to the petitioners, are 'phenomenal' which can be cured by therapy using class I narcotics," said Constitutional Justice Suhartoyo.

Suhartoyo said that studies and research on the use of Narcotics Category I for the benefit of health services or therapy can be carried out by the government or the private sector after obtaining permission from the health minister.

The government together with stakeholders, continued Suhartoyo, must also regulate in detail about anticipating the possibility of the misuse of Narcotics Category I.