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In Indonesia, the legalization of medical cannabis is supported by a mother's fight for her son's life.

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The fight for medical cannabis in Indonesia

The legalization of medical cannabis in Indonesia has resurfaced after a mother named Santi publicly requested medical cannabis for her son, Pika, who has Japanese encephalitis, a viral disease transmitted by mosquito bites.

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Santi Warastuti had already filed a legal petition She filed a petition to revise Indonesia’s Narcotics Law along with two other women with the country’s Constitutional Court in November 2020, but it was denied.

«I urgently need this medical cannabis because Pika, my child, is still suffering from seizures,» Santi said on the sidelines of a protest last week. His photo holding a sign that read «Help my son get medical cannabis» went viral on Indonesian social media.

A strict ban policy

Pika needs’CBD oil, which remains illegal in Indonesia. Moreover, medical cannabis conflicts with Law No. 35/2009 on Narcotics.

Article 8, paragraph 1, of this law clearly states that the use of Class I narcotics—which includes cannabis in Indonesia—is prohibited, even for medical purposes.

Research on Class I drugs may also be conducted only after obtaining the Minister’s approval upon the recommendation of the head of the Food and Drug Surveillance Agency. Under these regulations, cannabis is classified as a Class I narcotic alongside heroin, cocaine, opium, coca leaves, jicing, cathinone, ecstasy, and 65 other types.

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The government's policy is based on the United Nations' decision to include cannabis in Schedule IV of the 1961 Single Convention on Narcotic Drugs.

However, changes took place in December 2020. The United Nations Commission on Narcotic Drugs (CND) removed cannabis from that list, which could signal a shift in Indonesia.

The government is launching a review of the law

Discussions about the legalization of medical cannabis in Indonesia resurfaced in late May. A government commission questioned the government’s stance on narcotics for medical purposes.

Asrul Sani, a member of Commission III of the Indonesian House of Representatives, acknowledged that he had received numerous suggestions from the public regarding the use of cannabis for medical purposes.

«We cannot deny that, to a certain extent, cannabis can be part of medicine. Now, to what extent will the government make room for this?» Asrul asked.

In 2017, Fidelis Arie Sudewarto, a civil servant, was arrested by the National Narcotics Agency (BNN) for planting 39 cannabis plants.

Cannabis was being grown to treat his wife, Yeni Riawati, who had been diagnosed with syringomyelia, a condition characterized by the growth of cysts in the spinal cord. His wife ultimately died 32 days after Fidelis was arrested by the BNN.

Responding to this statement, the Deputy Minister of Law and Human Rights, Eddy O.S. Hiariej, stated that the purpose of the Narcotics Act was not only to eradicate drug trafficking but also to ensure the availability of narcotics for research and healthcare.

«This means there's a health aspect to this, so it's possible that, for example, cannabis could be used for medical purposes…».

In an interview on June 28, Desmond Junaidi Mahesa, vice chair of Commission III of the Indonesian House of Representatives, said he would review the proposed amendment to Law No. 35/2009 on Narcotics with a view to potentially legalizing medical cannabis.

«We will first look at the benefits and harms. From the studies I'm familiar with, it appears that the health and economic benefits are extraordinary, and the harms are very minor,» he declared Desmond

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Aurélien founded Newsweed in 2015. Particularly interested in international regulations and the various cannabis markets, he also has an extensive knowledge of the plant and its uses.

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