Legal Expert: The Ministry Of Health Has The Right To Issue Regulations Regarding Marijuana Permits For Medical

Illustration of a cannabis plant. (Between)

JAKARTA - Narcotics law expert at the Faculty of Law, Bhayangkara University, Greater Jakarta, Dr. Slamet Pribadi, assessed that the Ministry of Health (Kemenkes) has the authority to issue regulations regarding permits to use marijuana for medical purposes.

"Those who position marijuana as class I are the minister of health. That means permission from the ranks of the Ministry of Health," Slamet said when contacted, Wednesday, June 29.

The expert who once served as head of the Public Relations Section of the National Narcotics Agency said that Article 7 of Law Number 35 2009 concerning Narcotics allows the use of narcotics for the benefit of health services with permission or recommendation from related parties, especially the Ministry of Health and the POM Agency.

"So, narcotics can be used, what should not be misused. Especially for marijuana (articles 7 and 8 of Law Number 35/2009 on Narcotics) if there is indeed a health benefit, please apply for a permit. If it is for medical purposes, "he said.

However, until now, there are no detailed regulations regarding this permit and he encourages the Ministry of Health to issue regulations related to this so that people who need it can understand it.

"I haven't seen the implementing regulations that regulate how to apply for a permit regarding marijuana (for medical)," he said.

According to him, the DPR and MUI should not rush into making decisions or issuing fatwas related to the legalization of marijuana. Both parties need to consider the opinions of those who research the long-term effects of marijuana use.

"In my opinion, the danger of marijuana being used for a prolonged period is very dangerous. For medical purposes, it requires a doctor's prescription," he said.

According to him, prolonged use of marijuana and then reaching dependence can cause problems such as delays in thinking, making decisions, and reducing the user's immune system.

"Countries that have legalized marijuana are already dizzy with a lot of traffic accidents, social problems. There are positives (the impact of marijuana), but more negatives," he said.

On a separate occasion, the Expert Group of the National Narcotics Agency for Pharmacy, Mufti Djusnir, said that the use of marijuana for treatment must be based on scientific evidence or an evidence base.

This is due to the negative effects of compounds in marijuana, namely delta-9 tetrahydrocannabinol or THC on the body, one of which causes calcification of brain cells.

"Consequently, if someone whose ability to bind oxygen in the brain is very low, then that person becomes stupid," said Mufti.

Based on the Antara report, a study from experts related to drugs at the World Health Organization (ECDD WHO) in 2020 showed cannabidiol (CBD), a compound in marijuana, is beneficial for the treatment of epilepsy in children.

However, getting CBD from the cannabis plant is not that easy, and he says genetic engineering is needed here.

"The content of marijuana is THC dominant. If there is no genetic engineering, the THC content reaches 97 percent, CBD contains 0.00 or so (two digits behind the comma)," he said.

For the treatment of epilepsy itself, according to him, currently there are about 10 types of drugs that patients can choose from so they don't have to rely on CBD.

He also asked the government and policy makers to be careful in taking steps related to the use of medical marijuana.

Previously, the issue of the use of medical marijuana arose following the action of a mother who asked for medical marijuana for her baby at the Hotel Indonesia roundabout, Jakarta some time ago. This action then received a response from a number of parties including the Ministry of Health and the DPR.

The Ministry of Health is still reviewing the benefits of marijuana for medical purposes in Indonesia. Meanwhile, Commission III and IX of the DPR plan to follow up on the proposal to use marijuana for medical needs.