Japan to punish cannabis use with 7 years' imprisonment

In recent years, the Japan has gradually shifted its stance on cannabis and CBD products.

Despite this cautious approach, the country's government has decided to update the THC limits for products with CBD base while criminalizing cannabis use.

New criminal penalties for cannabis use in Japan

The Japan is set to adopt an even tougher stance with regard to the cannabis use.

On December 12, 2024, the country will enact new laws that will criminalize personal cannabis use, imposing prison sentences of up to seven years for offenders. Until now, Japan has traditionally focused on banning possession and cultivation, without criminalizing personal use.

According to Kyodo News, this change is largely due to growing concerns about the’drug abuse, especially among young people. Authorities believe that these stricter penalties will serve as a deterrent and reinforce Japan’s zero-tolerance policy toward drug use.

The decision coincides with the arrival of certain medical cannabis products.

Japan has the strictest THC limits in the world

The Japanese Ministry of Health, Labour and Welfare (MHLW) has long maintained a strict stance on cannabis and its derivatives.

In 2023, the The Japanese government has passed a bill to amend the the 75-year-old cannabis control law, paving the way for more detailed regulations on CBD products. Following the public consultation period launched in May 2024, new guidelines were issued, particularly regarding THC limits in products containing CBD, which remain among the most restrictive in the world.

Dr. Yuji Masataka, a Japanese specialist in medical marijuana, ... highlighted the impact these regulations would have on the industry, describing them as some of the «strictest in the world» and as a potential obstacle to market growth. Initially, the government had proposed severe restrictions, raising concerns that the market might shift toward isolate-based products, thereby eliminating the’halo effect, that is, the’the synergistic interaction of various cannabis compounds that enhances therapeutic effects.

The new limits are as follows

• Oil- and powder-based products: 10 mg/kg or 0.0011% (10 ppm) THC.
• Aqueous solutions: 0.10 mg/kg or 0.000011 TP3T (0.1 ppm).
• Other products, including food: 1 mg/kg or 0.00011% (1 ppm).

Although there have been some adjustments, such as raising the threshold for raw materials like isolate powder from 1 ppm to 10 ppm, these new regulations still pose significant challenges.

Dr. Yuji Masataka, a Japanese specialist in medical marijuana, noted at Business of Cannabis that while this change represented a «significant step in the right direction,» it was unlikely to result in any noticeable change in the products currently on the market.

These limitations could lead to a rise in product prices, mainly due to the’rising costs related to the analysis of THC levels using state-of-the-art equipment such as from high-performance liquid chromatography (HPLC) and mass spectrometers (MS).

In addition, Dr. Masataka warned of the risk of a proliferation of synthetic cannabinoid products, which could create new challenges for regulatory authorities.

With restrictions this strict, goodbye to the full-spectrum products. As Dr. Masataka pointed out, this could lead to the dominance of isolate-based products on the market, which would reduce the effectiveness of available CBD products due to the loss of the’entourage effect.

Patient groups, many of whom use CBD-based products to treat’epilepsy and other diseases have expressed concern about these new regulations. A petition launched by patients opposed to these limits has gathered more than 35,000 signatures, highlighting the need for a review.

The government responded by planning a clinical trial to ensure that patients suffering from’refractory epilepsy may continue to use cannabis-derived products in full compliance with the law and with complete safety. However, broader concerns remain within the industry, particularly regarding the risk of fraudulent testing and the difficulty of conducting spot checks on all products on the market.