![]() Location of Indonesia (dark green) | |
Medicinal | Illegal |
---|---|
Recreational | Illegal |
Hemp | Illegal |
Cannabis is illegal in Indonesia. Cannabis plants, all plants of the Cannabis genus and all parts of plants including seeds, fruit, straw, and processed cannabis plants or parts of cannabis plants including marijuana resin and hash are categorized as narcotics group. Drug offenders are subject to a minimum sentence of four years in prison (additional fines may apply) if caught possessing it. Derivatives of medical and recreational cannabis (such as hemp, CBD, tetrahydrocannabinol, hashish, and edibles) are also illegal. [1]
Cannabis use have been reported to as early as the 10th century in Java and Aceh. In 1927, the drug was banned by the Dutch colonial government. After Indonesian independence, the drug remained illegal, with it being the subject of a large anti-drug and anti-narcotics campaign since the 1970s. [2] Cannabis is currently the most widely used illicit substance in Indonesia, with approximately two million users in 2014. Under the current narcotics law cannabis is included as one of the most restrictive substances regulated by the government, along with substances such as heroin, and crystal meth (known in Indonesia as shabu). [3]
Cannabis was reported to have been used in as early as the 10th century in the island of Java. Likely used as a source of fibre and an intoxicant, although its use was not as common as other drugs such as tobacco, opium or betel. Traditional use of cannabis have also been found in northern part of Sumatra, more specifically in Aceh, with cannabis serving as an "intoxicating agent" whose leaves were regularly mixed and smoked with tobacco. [4] [5] [6] While more commonly grown in Aceh and northern Sumatra, there is evidence that suggests that cannabis was also grown in other parts of the Dutch East Indies such as in Batavia (now Jakarta), Buitenzorg (now Bogor) and Ambon. [7] In Ambon specifically, cannabis roots were consumed to treat gonorrhoea, while its leaves were brewed as tea to alleviate asthma and pleuritic chest pain. German-Dutch botanist, G. E. Rumphius observed that among Muslims, cannabis leaves, which were smoked with tobacco, produced effects varying from aggression to sadness and melancholy. [8] Occasionally, advertisements for cannabis appeared in the Indies sometime in the late 19th century. These advertisements attempted to promote cannabis cigarettes as remedies for illnesses. Though, they were mostly targeted to Europeans. [9]
Concerns over the use cannabis were raised at the International Opium Convention in 1912 in The Hague. An addendum to 1912 International Opium Convention was added in which "[t]he Conference considers it desirable to study the question of Indian hemp [10] from the statistical and scientific point of view, with the object of regulating its abuses, should the necessity thereof be felt, by international legislation or by an international agreement." [11] The colonial government soon instructed Willem G. Boorsma, Head of the Pharmacological Laboratory of the Department of Agriculture, Industry and Trade in the Dutch East Indies, to examine the situation of cannabis in the Dutch East Indies. [12] The study conducted by Boorsma did not show significant problems relation to cannabis use in the Indies. As a result no measures were introduced to stop cannabis cultivation, though increased scrutiny were placed upon head administrators of the regions where the plant was found. [13] [14]
Despite Boorsma's study, the Dutch government decided to restrict access to cannabis in the Dutch East Indies through the adoption of the Verdovende Middellen Ordonnantie (Decree on Narcotic Drugs) of 1927. This was likely due to the inclusion of cannabis in the 1925 International Opium Convention and made cannabis subject to a system of export authorizations and import certificates. [15] The decree prohibited the cultivation, import and export, production and use of narcotic drugs, except for medical and scientific purposes with prior government authorization.
After the end of Dutch rule and the independence of Indonesia following the National Revolution, the new Indonesian government under president Sukarno kept the old colonial regulations regarding cannabis. Despite the relative unproblematic nature of cannabis in the country. Fifteen years following the 1961 UN Single Convention on Narcotic Drugs, the Indonesian government passed a set of laws with regard to the use of psychoactive substances, including cannabis. The anti-narcotics law passed in 1976, however, did not entail any categorization of substances, describing the cannabis plant as a type of narcotic which can be restrictively used for medical and research purposes only. [16]
During the late 1970's the separatist Free Aceh Movement (GAM), which was a separatist group seeking independence for the Aceh region, began the illicit cultivation of cannabis in the region. The group allegedly financed itself by levying taxes on cannabis cultivation and controlling trafficking in cooperation with a Jakarta-based trafficking organization. In the late 1980s, a GAM sub-district commander was arrested and reported to have showed hectares of cannabis fields connected with the funding of GAM operations, although there have been doubts about the validity of these "confessions." In response to this, the Indonesian military was ordered to carry out the Nila I Operation in 1989, a military operation which appeared to aim for the abolition of GAM and the cultivation of cannabis in Aceh. Subsequent attacks by GAM were deemed as forms of retaliation towards such eradication programs by the Indonesian authorities. [17]
The following is a timeline of the legal status of cannabis in Indonesia :
According to the Law No. 35 Year 2009 on Narcotics, the punishment for cannabis related offenses are :
The latest 2023 criminal code, punished anyone who mass produced the drug plants including cannabis with death.
The legal status of cannabis was challenged in the Constitutional Court by a group of citizens in 2020. The plaintiffs wanted to have cannabis removed from the narcotics list and given the status of a medical substance. On 20 July 2022, the Constitutional Court rejected Case No. 106/PUU-XX/2020 owing to the paucity of data supporting the claimants' case, claiming that the law could not change on the basis of research that had not been conducted in Indonesia. [18] [19] The decision did, however, order the government and legislators to advance research on cannabis in Indonesia to assess its potential uses. [20] The Constitutional Court's decision was supported by the National Narcotics Agency. [21] The plaintiffs, while they accept the decision, nevertheless continue to advocate for the legalisation of cannabis and push for the government to advance cannabis research in Indonesia. [22]
While recreational use, possession and trade of non-medicinal drugs described by the Opium Law are all technically illegal under Dutch law, official policy since the late 20th century has been to openly tolerate all recreational use while tolerating possession and trade under certain circumstances. This pragmatic approach was motivated by the idea that a drug-free Dutch society is unrealistic and unattainable, and efforts would be better spent trying to minimize harm caused by recreational drug use. As a result of this gedoogbeleid, the Netherlands is typically seen as much more tolerant of drugs than most other countries.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits the production/manufacturing/cultivation, possession, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The bill was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. The NDPS Act has since been amended four times — in 1988, 2001, 2014 and 2021. The Act extends to the whole of India and applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.
Canada's drug regulations are measures of the Food and Drug Act and the Controlled Drugs and Substances Act. In relation to controlled and restricted drug products, the Controlled Drugs and Substances Act establishes eight schedules of drugs and new penalties for the possession, trafficking, exportation and production of controlled substances as defined by the Governor-in-Council. Drug policy of Canada has traditionally favoured punishment for the smallest of offences, but this convention was partially broken in 1996 with the passing of the Controlled Drugs and Substances Act.
Cannabis in India has been known to be used at least as early as 2000 BCE. In Indian society, common terms for cannabis preparations include charas (resin), ganja (flower), and bhang, with Indian drinks such as bhang lassi and bhang thandai made from bhang being one of the most common legal uses.
Cannabis is illegal in Nigeria, yet the country is a major source of West African-grown cannabis, and ranked the world's third highest consumer of cannabis.
Cannabis in Namibia is illegal for recreational and medicinal uses, but cannabis, just like mandrax (methaqualone), are the most popular illicit drugs in the country. Cannabis also has a history of use as a traditional medicine by local indigenous communities. Per the 2011 UNODC report, the incidence of annual cannabis usage in Namibia was 3.9% as of 2000.
Cannabis has been illegal in Nepal since 1976, but the country has a long history of use of cannabis for Ayurvedic medicine, intoxicant and as a holy offering for Hindu god Shiva and continues to produce cannabis illicitly.
Cannabis in Cyprus is illegal for recreational use but legal for medical use.
Cannabis is currently legal for medical and industrial uses in Italy, although it is strictly regulated, while it is decriminalized for recreational uses. In particular, the possession of small amounts of marijuana for personal use is a civil infraction. The possible sanctions for possession vary from the issuing of a diffida to first offenders, which is an injunction not to use the drug again; to the temporary suspension of certain personal documents for repeat offenders. Conversely, the unauthorized sale of cannabis-related products is illegal and punishable with imprisonment, as is the unlicensed cultivation of cannabis, although recent court cases have effectively established the legality of cultivating small amounts of cannabis for exclusively personal use. The licensed cultivation of cannabis for medical and industrial purposes requires the use of certified seeds; however, there is no need for authorization to plant certified seeds with minimal levels of psychoactive compounds.
Cannabis has been cultivated in Japan since the Jōmon period of Japanese prehistory approximately six to ten thousand years ago. As one of the earliest cultivated plants in Japan, cannabis hemp was an important source of plant fiber used to produce clothing, cordage, and items for Shinto rituals, among numerous other uses. Hemp remained ubiquitous for its fabric and as a foodstuff for much of Japanese history, before cotton emerged as the country's primary fiber crop amid industrialization during the Meiji period. Following the conclusion of the Second World War and subsequent occupation of Japan, a prohibition on cannabis possession and production was enacted with the passing of the Cannabis Control Law.
Cannabis in Latvia is illegal for recreational and medical purposes, but production of industrial hemp is permitted.
Cannabis in Sri Lanka is legally sold through Ayurveda herbal shops, and can be used for medical and scientific purposes if given a license by the Ministry of Health. For recreational usage cannabis is not legal. However, cannabis plays a major role in the traditional culture of the island, with the specific Sinhalese or Sanskrit names virapati (“hero-leaved”), capta (“light-hearted”), ananda (“bliss”), trilok kamaya and harshini indicating its various properties, such as inducing euphoria and heightening sexual energy.
In Thailand, cannabis, known by the name Ganja has recently had new laws passed through. Cannabis that has less than 0.2% THC, referred to as industrial hemp in the USA, was legalised on 9 June 2022. Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner. Recreational cannabis is still illegal according to Thai law.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
Cannabis rights or marijuana rights are individual civil rights that vary by jurisdiction. The rights of people who consume cannabis include the right to be free from employment discrimination and housing discrimination.
In Barbados, cannabis is illegal for recreational use, but is in high demand nonetheless. Cannabis is sourced from St. Vincent and Jamaica by local dealers who pool resources to buy consignments of the drug, transported by go-fast boats.
Cannabis in San Marino is illegal for recreational purposes, but some cannabis-based remedies are legal for medical purposes.
Cannabis in Brunei is illegal and can be punishable by caning or the death penalty. Brunei Darussalam's legislation is controlled by its sultan and is based on the country's Sharia-Islamic beliefs. In accordance with these laws, Brunei native, Lam Ming Hwa, received the death sentence in 2004 and a Malaysian native, Muhammad Mustaqim Mustofa bin Abdullah, was sentenced to death in 2017.