Commission III: The Government And DPR Must Follow Up On The Constitutional Court's Decision On Medical Marijuana

Santi Warastuti's demonstrative action carried a poster on the legalization of medical marijuana in Indonesia at CFD Bundaran HI, Jakarta on June 26, 2022 (Private Doc. Santi Warastuti)

JAKARTA - Member of Commission III of the House of Representatives (DPR), Taufik Basari, believes that the government and parliament must follow up on the decision of the Constitutional Court (MK) which rejected the judicial review of the Law on Narcotics related to the use of medical marijuana. The Constitutional Court stated that the material being tested was an open legal policy.

"The government and the DPR are obliged to follow up on the consideration of the Constitutional Court's decision by making material on the use of marijuana as a health service or therapy in the ongoing discussion of the revision of the Narcotics Law", Taufik told reporters, Thursday, July 21.

Taufik said that in the decision the Constitutional Court had emphasized that the government should immediately follow up on the a quo decision regarding the study and research of Narcotics Category I. Therefore, according to him, to support the discussion, the government needs to immediately conduct studies and research.

"The Constitutional Court emphasizes the word "immediately" in its decision by putting it in bold letters showing the urgency of the results of this study", said the NasDem politician.

Taufik suggested that the government refer to existing studies at the international level. Including a study from the Expert Committee on Drugs Dependence (ECDD) which in 2019 recommended to the Commission on Narcotics Drugs (CND) formed by UN Ecosoc and WHO.

"To make cannabis or marijuana a narcotic class that can be used for health services by amending the 1961 Convention on Narcotics Drugs and it has been approved through a voting mechanism at the CND. Thus, studies can be carried out immediately according to the confirmation of the Constitutional Court's decision", he explained.

Regarding the discussion of the material on the revision of the Narcotics Law, added Taufik, referring to the legal considerations of the Constitutional Court's decision, a comprehensive arrangement can be made. He said that the prohibition, control and use of certain types of narcotics for medical purposes can be contained in the law.

"Meanwhile, other technical provisions can be regulated in the derivative rules in accordance with the ongoing development of science", said the man who is familiarly called Taubas.

"That way, some narcotics that have a high dependence can still be tightly controlled while being used for health services with strict mechanisms", continued Taubas.