The Health And Law Commission's Response To The Constitutional Court Rejecting Medical Cannabis

Illustration/Photo: Antara

JAKARTA - The Constitutional Court (MK) has ruled that medical marijuana should not be used for health reasons. This was stated by the Constitutional Court in the decision with number 106/PUU-XVIII/2020.

The Constitutional Court rejected the formal review of the Narcotics Law regarding articles prohibiting the use of class I narcotics. Thus, the provisions of Article 6 paragraph (1) and Article 8 paragraph (1) of the Narcotics Law have not changed. Narcotics class-including medical marijuana-is not allowed to be consumed even for medical reasons.

"Based on an assessment of the facts and the law, the trial court, one, stated that the applications of Petitioners V and VI were unacceptable. Two, rejected the applications of the applicants in their entirety," said Chief Justice Anwar Usman at a virtual hearing, Wednesday, July 20. Responding to the Constitutional Court's decision, Commission IX of the House of Representatives in charge of health assessed that all parties must respect the decision of the Constitutional Court (MK) which rejected the judicial review of Law Number 35 of 2009 concerning Narcotics related to the use of medical marijuana for health.

Member of the House of Representatives Commission IX, Rahmad Handoyo, said that Indonesia is a constitutional state that adheres to laws and the constitution.

"When the Constitutional Court has decided to reject it in its entirety, of course, we must respect it together. It was already a decision. This means that marijuana is not permitted, including for medical purposes," Rahmad told reporters, Thursday, July 21.

The PDIP politician said the Constitutional Court's decision confirmed that the Narcotics Law prohibits the use of marijuana. Even for the sake of health.

"Marijuana is not permitted at all, based on the people's mandate, the narcotics law is indeed not permitted," said Rahmad.

However, Rahmad assessed, the use of marijuana can still be used for closed research. "But it is still possible for a research or scientific interest, its use must be closed," he added.

Therefore, Rahmad welcomes the issue of using medical marijuana to continue to be discussed by the public. Of course with expert input and information. “Please, scientifically, please just have a discussion inviting experts to invite other health experts. However, keep in mind that the use of medical marijuana is not permitted at this time. Once again we have to respect it together," said Rahmad. Meanwhile, Commission III of the House of Representatives in charge of law will follow up on the decision of the Constitutional Court (MK) which rejects the judicial review of the Law on Narcotics related to the use of marijuana for medical purposes.

Member of Commission III of the DPR, Taufik Basari, believes that the government and DPR are obliged to follow up on the decision because they state that the material being tested is 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 that 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. in his decision by giving bold letters shows the urgency of the results of this study," said the NasDem politician. Taufik suggested that the government refer to studies that have existed 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 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. In 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.