Cannabis in South Korea

Last updated March 05, 2024

Cannabis in South Korea is illegal for recreational use. In November 2018, the country's Narcotics Control Act was amended and use of medical cannabis became legal, making South Korea the first country in East Asia to legalize medical cannabis.^[1]

History

Early history

Cannabis was an important crop in ancient Korea, believed to be introduced to the region via the Silk Road from South Asia, with samples of hempen fabric discovered dating back as early as 3000 BCE.^[3] The traditional sambe cloth, an ivory colored fabric, is made from hemp.^[2] In addition to its use as fabric, the hemp seed was thought to have medicinal qualities such as a laxative.^[4]

Modern history

Following the Rhee Syngman administration's 1957 Narcotics Act(마약법), "Indian Marijuana", along with poppies, opium, and cocaine, was labelled a forbidden narcotic.^[4] There is speculation that this act was heavily encouraged by the U.S. Treasury Department's Federal Bureau of Narcotic's first commander Harry Anslinger, who had long been advocating for its prohibition.^[4] Importantly, the 1957 act only outlawed Indian-grown marijuana, allowing the Korean market of cannabis growth to flourish.^[4]

In the 1960's Korean cannabis usage rose dramatically with the influence of hippie culture diffusing outwards from U.S. army bases in Korea. Using the "happy smoke" started to symbolize rebelliousness, and many popular singers of the time began smoking the herb.^[4]

In the 1970s, amid its associations with insurgent youth culture abroad, cannabis was banned in all forms under the Cannabis Control Act of 1976(대마관리법),^[5] which later merged with the Narcotics Control Act(향정신성의약품 관리법) in 2000. The across-the-board ban on cannabis remained unchanged. ^[6]

In January 2018, Rep. Shin Chang-Hyun, a member of the National Assembly of South Korea, proposed a bill that would revise the Narcotics Control Act and allow individuals with specific medical conditions to use cannabis with the approval from the Ministry of Food and Drug Safety.^[7]

The proposed revision overcame a major obstacle later in July when it won the support of the ministry, which said at the time it would permit Epidiolex, Marinol and Sativex for conditions including epilepsy, symptoms of HIV/AIDS and cancer-related treatments.^[8]

On November 23, 2018, the National Assembly approved the amendments to the Narcotics Control Acts and medical cannabis was partially legalized.^[1]

Legal status

Medical use

Use of medical cannabis is legal with the approval from the Ministry of Food and Drug Safety. Currently, the ministry only allows Epidiolex, Marinol and Sativex. The plant itself alongside its natural derivatives and extract, despite legal under the law, has yet to be approved.^[9]

Prior to obtaining the drug, patients are required to apply to the Korea Orphan Drug Center, a government body facilitating patient access to rare medicines, after receiving a doctor's prescription. Approval will be granted on a case-by-case basis.^[1]

The import of the drug began in early 2019, according to the ministry.^[10]

Recreational use

Despite the reform, recreational cannabis remains strictly forbidden by the law. A violation is punishable by up to five years in prison or a fine of up to 50 million won, about $42,556 USD (as of November, 2021).^[11]

South Korean authorities have repeatedly warned their citizens that they are subject to their country's criminal code no matter where they are in the world and advised them to refrain from using cannabis abroad.^[12]^[13]

Industrial hemp

Cannabis has been a source of fabric for Korea since ancient times, and as recently as the 1930s hemp was grown in every province of Korea, particularly in the south where it grew best. In the late 1950s, 9,000 hectares of hemp were cultivated in South Korea.^[14]

Economy

A Korea Times article of 2014 noted that despite risks of a prison sentence of up to five years or a fine of up to 50 million won (approximately $42,500 USD as of November, 2021), cannabis could be easily bought in South Korea by contacting dealers on the Internet. Its journalist noted that according to dealers, cannabis sold for US$30–50 per gram.^[15]

In popular culture

20th century

In the pursuit of scapegoats to increase the popularity of his 1976 Cannabis Control Act, South Korean President Park Chung-hee turned his gaze inwards, towards pop entertainers performing at U.S. Army bases, a hotbed of marijuana usage.^[4] In the winter of 1975, Park Chung-hee led a government crackdown on marijuana usage, resulting in the arrest of over 50 well known South Korean entertainers. Among them was the rock singer Shin Jung-hyeon, defamed in the media following his arrest as the "daemacho ringleader."^[4] He was imprisoned for four months following his arrest.^[4]

Modern-day

A number of high profile K-pop artists have been prosecuted for the recreational use of marijuana. Notable entertainers arrested for cannabis usage include Kim Kye-hoon, better known by his rap name, Crown J, singer-songwriter Psy, and Big Bang's T.O.P.^[16] The celebrities received a variety of sentences, with prison time ranging from 25 days to 10 months.^[17]^[18]

Along with legal action, societal backlash against the disgraced stars is often swift and serious. After T.O.P. was charged for possession and usage of marijuana, his record label YG Entertainment became widely referred to as Yak Guk (약국) Entertainment, which translates to "the drugstore."^[19] With an average of 40 months following a drug related scandal for a Korean entertainer to return to the stage, K-pop artists apprehended for using cannabis often have a difficult time regaining their lost stardom.^[16]

Related Research Articles

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References

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↑ 주캐나다대한민국대사관 [@koremb_canada] (October 16, 2018). "[대마초 합법화에 따른 주의사항 안내] 내일부터 캐나다 전역에서 여가용 대마초 합법화 법안이 발효됩니다. 대마초 합법화 지역이라 할지라도, 우리 국민이 대마초 흡연(구매, 소지, 운반 포함)을 할 경우 범법행위에 해당하여 처벌받게 되니 불이익을 받는 일이 없도록 주의하시기 바랍니다" [[Information on precautions according to cannabis legalization] From tomorrow, recreational cannabis legalization legislation will take effect across Canada. Even in areas where cannabis is legalized, if a citizen smokes cannabis (including purchase, possession, and transportation), it is a criminal offense and will be punished, so please be careful not to be disadvantaged.] (Tweet) (in Korean). Archived from the original on 2022-11-18. Retrieved 2022-12-13– via Twitter.
↑ "Smoking Marijuana in Canada Is Now Legal—But Not for South Koreans". Fortune. Retrieved 2018-11-29.
↑ Daniel Tudor; James Pearson (14 April 2015). North Korea Confidential: Private Markets, Fashion Trends, Prison Camps, Dissenters and Defectors. Tuttle Publishing. pp. 81–. ISBN 978-1-4629-1512-5.
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1 2 "Singer Crown J caught for smoking marijuana". The Korea Times . 2010-12-06. Retrieved 2018-03-20.
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↑ "PSY Opens Up About Alcohol Use: If I'm Happy, I'm Drinking, If I'm Sad, I'm Drinking". E! News. Retrieved 2018-03-20.
↑ "A Short History of Marijuana in South Korea". seoulbeats. 2017-06-28. Retrieved 2018-03-20.