Indonesia pushes to legalize medical cannabis

Indonesia, one of the world’s most restrictive countries regarding drug use, has begun exploring the regulation of drugs and the medical use of cannabis.

The country's Constitutional Court has therefore convened a commission of international experts to rule on the Constitutionality of the Ban on Medical Cannabis in the country.

I was honored to be called to testify before Indonesia's Constitutional Court this morning. The case seeks to make Schedule 1 drugs, including cannabis, available for medical use.
1/ https://t.co/f4iwjKZg2R

- Steve Rolles (@SteveTransform) September 14, 2021

The case stems from a petition filed by three mothers and a coalition of organizations that are challenging the current law.

Dwi Pertiwi, the mother of Musa bin Hassan Pedersen, who lived with cerebral palsy until his death at the age of 16, filed the lawsuit on November 21, 2020. The preliminary hearings had barely begun when Musa passed away on December 26 after his condition deteriorated due to breathing difficulties and hypoxia.

Musa suffered from cerebral palsy, which he developed after pneumonia turned into meningitis when he was only 40 days old.

In 2016, Musa underwent cannabis therapy in Australia for one month, which, according to Dwi, led to a significant improvement in his health. He no longer suffered from epileptic seizures and no longer needed to take his prescribed medications.

The Coalition for the Defense of Medical Use of Narcotics stated: «Under these conditions, according to Dwi, Musa was able to clear his mucus more easily without having to struggle [to breathe] as he did in the final days of his life.»

Upon his return to Indonesia, Dwi had to stop his son's therapy or face years in prison—even for mere possession of cannabis.

«To this day, Dwi remains committed to [the cause] because she doesn’t want other children to end up in the same situation as Musa, who could have received proper treatment if it weren’t prohibited by law,» one of Dwi’s attorneys, Erasmus Napitupulu of the Institute for Criminal Justice Reform (ICJR), told the Jakarta Post.

Under Indonesian law, cannabis is a Schedule 1 narcotic, which means it is prohibited for medical use and its production is explicitly banned, except for certain research purposes. It is listed alongside 65 other drugs, including opium, cocaine, and methamphetamine. Indonesian law classifies narcotics into three categories, and those not included in Category 1 may be used for medical or more general research purposes.

Cannabis use is punishable by up to 4 years in prison in Indonesia.

Illegal possession of cannabis is punishable by up to 12 years in prison and a fine of up to eight billion rupiah (€500,000). The production, export, import, or distribution of cannabis can result in a prison sentence of up to 15 years and a fine of 10 billion rupiah. Individuals found guilty of involvement in the «marijuana trade» may be sentenced to life in prison and a fine of 10 billion rupiah.

In their petition, Dwi and the two other mothers argued that the ban on medical cannabis violated the constitutional right to benefit from scientific advances and health care. They cited dozens of other countries that legally provide treatments based on cannabis and its derivatives, such as cannabidiol (CBD) and tetrahydrocannabinol (THC).

A previous hearing had taken place on August 30, featuring other experts such as Prof. David Nutts, head of the United Kingdom’s leading independent scientific body on drugs.

An unusual and challenging start to the day! Up at 4 a.m. to testify before the Indonesian Constitutional Court on why they should reclassify cannabis for medical use. The judges asked many good questions, which we were able to answer, so hopefully they will change the law. @drug_science

— David Nutt (@ProfDavidNutt) August 30, 2021