Responsiveness of Criminal Law Policy towards the Use of Medical Cannabis in the Perspective of Health Services: A Case Study in Indonesia

Technological developments in the pharmaceutical field have shown significant benefits from compounds contained in cannabis plant extracts, such as cannabinoids, for the treatment of various chronic diseases. Criminal law policy in Indonesia still defines cannabis as a Class I Narcotic, so it is prohibited from being used for medical purposes. 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 for 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 that have legalized medical cannabis implement policies that pay attention to the quality of health provision, protection of patient rights, and availability of equitable access. On the other hand, criminal law policies in Indonesia have not accommodated the use 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 hinders the fulfillment of the right to health. 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.