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Responsiveness of Criminal Law Policy towards the Use of Medical Cannabis in the Perspective of Health Services: A Case Study in Indonesia Just Try to Submit This Sample Abstract a) Faculty Of Law, Universitas Sumatera Utara, Jalan Universitas 19, Medan 20132, Indonesia *fh[at]usu.ac.id Abstract Technological developments in the pharmaceutical field have shown significant benefits from compounds contained in cannabis plant extracts, such as Cannabinol (CBN), cannabidiol (CBD) dan Tetrahidrocanabinol (THC), to treat pain, glaucoma, reduce the frequency of seizures in epilepsy patients, pain medication in cancer, convulsions, and certain autoimmune disorders. Criminal law policy in Indonesia still defines cannabis as Class I Narcotics, this is regulated in Article 6 Paragraph (1) letter a, Article 8 Paragraph (1), Article 111 Paragraphs (1) and (2) of Law No. 35 of 2009 concerning Narcotics, so that its use for medical purposes is prohibited. This policy is inversely proportional to global trends that have begun to legalise medical cannabis, such as several countries in the United States and European countries. This research aims to analyse Indonesia^s criminal law policy that has not been responsive to the development of people^s medical needs and compare the legal framework of medical cannabis in several countries. The research method uses a qualitative approach with comparative studies, legislative analysis, and constitutional studies of legal policies in countries with Common Law (Canada and Florida) and Civil Law (Germany and Belgium) systems. Secondary data used was obtained from various international reports, journals, case studies, and national/international regulations related to medical cannabis. The results show that countries with Common Law and Civil Law systems that have legalised medical cannabis implement policies that pay attention to the quality of health provision, ensure the protection of patient rights, the availability of equitable access and remain committed to enforcing criminal sanctions against regulatory violations, such as possession of excessive amounts of cannabis, unlicensed distribution and illicit trafficking. On the other hand, criminal law policy in Indonesia has not accommodated the utilisation of medical cannabis, thus creating inequality in access to health care for patients in need. This unresponsiveness of legal policy results in public fear of criminal sanctions, and ultimately patients^ access to necessary treatment contradicts constitutional rights based on Article 28H Paragraph (1) of the 1945 Constitution guaranteeing the right of every citizen to obtain health services. The prohibition on the use of medical cannabis can be considered a barrier to patients who need adequate health services. The use of medical cannabis as a primary and advanced health effort can provide effective solutions for various medical conditions. This implementation must also be balanced with risk mitigation and interactions with other drugs. As an implication, the Indonesian government needs to evaluate and change criminal law policies related to cannabis for medical purposes by considering aspects of public health, the experience of other countries, and the protection of patient rights in order to create a more adaptive and effective legal framework. Responsive policies will accommodate the needs of patients to get safe and legal access to medical cannabis, as well as guarantee health services by taking into account the reasons for the needs of doctors, patients, and the wider community without nondiscrimination so as to realise primary health services, and hope for the implementation of health efforts in terms of safe guarding addictive substances that are harmonious and synchronised with Indonesian criminal law policies. Keywords: Medical Cannabis, Criminal Law Policy, Health Services, Responsiveness Topic: Law |
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