Medicinal | Legal |
---|---|
Recreational | Illegal |
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]
While cannabis use has risen in South Korea since the 1970s, it remains far less popular than synthetic drugs such as methamphetamine; of 11,916 people arrested for drug crimes in 2015, only 1/100 were for cannabis-based drugs.
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. [2] The traditional sambe cloth, an ivory colored fabric, is made from hemp.[ citation needed ] In addition to its use as fabric, the hemp seed was thought to have medicinal qualities such as a laxative.[ citation needed ]
Following the Rhee Syngman administration's 1957 Narcotics Act(마약법), "Indian Marijuana", along with poppies, opium, and cocaine, was labelled a forbidden narcotic. 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. Importantly, the 1957 act only outlawed Indian-grown marijuana, allowing the Korean market of cannabis growth to flourish.[ citation needed ]
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.[ citation needed ]
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), [3] which later merged with the Narcotics Control Act(향정신성의약품 관리법) in 2000. The across-the-board ban on cannabis remained unchanged. [4]
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. [5]
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. [6]
On November 23, 2018, the National Assembly approved the amendments to the Narcotics Control Acts and medical cannabis was partially legalized. [1]
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. [7]
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. [8]
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). [9]
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. [10] [11]
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. [12] Industrial hemp for fabric, one of the major representative crops in the Gyeongbuk (Andong) region, was designated as a free special industrial hemp regulation zone in 2020. In this region, hemp plant can be cultivated if you get a license.
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. [13]
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. 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." He was imprisoned for four months following his arrest.[ citation needed ]
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. [14] The celebrities received a variety of sentences, with prison time ranging from 25 days to 10 months. [15] [16]
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." [17] 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. [14]
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Cannabis was reclassified in 2020 to a Schedule I-only drug under the Single Convention treaty, with the schedules from strictest to least being IV, I, II, and III. As a Schedule I drug under the treaty, countries can allow the medical use of cannabis but it is considered to be an addictive drug with a serious risk of abuse.
Cannabidiol (CBD) is a phytocannabinoid, one of 113 identified cannabinoids in cannabis plants, along with tetrahydrocannabinol (THC), and accounts for up to 40% of the plant's extract. Medically, it is an anticonvulsant used to treat multiple forms of epilepsy. It was discovered in 1940 and, as of 2022, clinical research on CBD included studies related to the treatment of anxiety, addiction, psychosis, movement disorders, and pain, but there is insufficient high-quality evidence that CBD is effective for these conditions. CBD is sold as an herbal dietary supplement and promoted with yet unproven claims of particular therapeutic effects.
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, the U.S. Department of Justice initiated 2024 rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act. The majority of 2024 public comments supported descheduling, decriminalizing, or legalizing marijuana at the federal level.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.
Dronabinol, sold under the brand names Marinol and Syndros, is the generic name for the molecule of (−)-trans-Δ9-tetrahydrocannabinol (THC) in the pharmaceutical context. It has indications as an appetite stimulant, antiemetic, and sleep apnea reliever and is approved by the U.S. Food and Drug Administration (FDA) as safe and effective for HIV/AIDS-induced anorexia and chemotherapy-induced nausea and vomiting.
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 in Idaho is fully illegal for any use, whether recreational or medical. The laws on cannabis prohibition in Idaho are among the most severe in the United States, with possession of even small amounts of it a misdemeanor crime, and no legality of medical marijuana. As of 2018, support for the legalization of medical cannabis is broadly popular in the state, while legalization of the drug recreationally remains a wedge issue. Both the state's legislature as a whole and its governor, Brad Little, remain staunchly opposed to its legalization for medicinal or recreational purposes.
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 Germany has been legal for recreational usage by adults in a limited capacity since 1 April 2024, making it the ninth country in the world to legalise the drug. As of February 2024, it has been assessed that 4.5 million Germans use cannabis.
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 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.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.
Terms related to cannabis include:
Cannabis in Ontario is legal for both medical and recreational purposes. Cannabis in Canada has been legal for medicinal purposes since 2001 under conditions outlined in the Access to Cannabis for Medical Purposes Regulations, issued by Health Canada, while seed, grain, and fibre production are permitted under licence. The federal Cannabis Act, legalizing cannabis for recreational use, came into effect on 17 October 2018.
Cannabis in San Marino is illegal for recreational purposes, but some cannabis-based remedies are legal for medical purposes.