Tag: japan

Japan’s government appears to be set to adopt a limited medical cannabis legalization measure. A health ministry panel in Japan previously issued cannabis policy recommendations, including a recommendation that Japan allow medical cannabis products to be imported. Those recommendations are reportedly on their way to becoming law.

Generally speaking, allowing medical cannabis product imports is a good thing, however, cannabis observers and advocates around the world need to temper their celebrations, as the measure being considered in Japan is very limited upon further inspection, and part of the measure is particularly troubling.

In addition to legalizing products ‘whose safety and efficacy were confirmed under laws governing pharmaceuticals and medical devices’ be allowed for importing, the measure also requires that Japan make cannabis consumption itself a crime if it’s not for authorized medical purposes. Per The Japan News:

The government is poised to allow the use of medical marijuana to treat patients with intractable diseases, according to the outline of bills revealed on Tuesday.

The government is considering submitting the bills including one to revise the Cannabis Control Law during the current Diet session.

The proposed revision would also criminalize the use of marijuana.

Currently, there is no prohibition in Japan for cannabis use, although cultivation, possession, and distribution are strictly prohibited. If the new law is adopted, which it seems like it will be based on reports out of Japan, then simply having cannabis in a person’s system will be a crime.

How do authorities discover that someone has cannabinoids in their system in the first place? In many instances, it will likely be coupled with a possession charge, with law enforcement seeing the person consuming and catching them in the act.

Yet, there’s always the potential that law enforcement merely ‘suspects’ that a person has consumed cannabis, and uses that ‘suspicion’ as ‘justification’ to acquire bodily fluids for testing by whatever invasive means they deem to be useful. It’s an enforcement practice that can easily be weaponized and should never be implemented by any government anywhere.

This week a Japanese health ministry panel issued cannabis policy recommendations, including a recommendation that Japan allow medical cannabis products to be imported. Generally speaking, the recommendation to allow medical cannabis product imports is a good thing, however, cannabis observers and advocates around the globe need to temper their celebrations, as the recommendation proves to be very limited upon further inspection, and it wasn’t the only recommendation that the panel offered up.

In addition to recommending that products ‘whose safety and efficacy were confirmed under laws governing pharmaceuticals and medical devices’ be allowed for importing, the panel also recommended that Japan make cannabis consumption itself a crime if it’s not for authorized medical purposes. That recommendation, coupled with the fact that the only medical cannabis product that seems to fit the panel’s criteria is Epidiolex, makes it clear that what is ultimately being proposed in Japan is ‘eh’ at best. It’s certainly better than outright prohibition with no exceptions, however, it’s not the medical cannabis policy overhaul that some may think it is.

Breeding Ground For Selective Enforcement

The nuances between enforcing prohibition as it pertains to possession versus consumption is significant. To be sure, both are harmful, however, prohibition on consumption can prove to be a greater violation of basic rights. Someone being charged with possession is exactly how it sounds – someone was found to be in possession of cannabis. When someone is charged with cannabis consumption, what we are really talking about is someone having cannabinoids in their system.

How do authorities discover that someone has cannabinoids in their system in the first place? In many instances, it will likely be coupled with a possession charge, with law enforcement seeing the person consuming and catching them in the act. Yet, there’s always the potential that law enforcement merely ‘suspects’ that a person has consumed cannabis, and uses that ‘suspicion’ as ‘justification’ to acquire bodily fluids for testing by whatever invasive means they deem to be useful. It’s an enforcement practice that can easily be weaponized and should never be implemented by any government anywhere.

What Is The Problem?

As I have pointed out in a previous article, the creation of the panel that issued the recent recommendations was born out of a rising consumption rate in Japan, especially among younger consumers. Lawmakers in Japan have expressed concern that there is a spike in consumption, and while that is technically true, it deserves some context, as Japan has one of the lowest cannabis consumption rates on the planet.

In the most recent year for which data is available (2019), Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. While that may sound alarming to some lawmakers inside and outside of Japan, consider the fact that less than 2% of people in Japan report having consumed cannabis during their entire life. By comparison, 41.5% in Canada report having consumed cannabis during their lifetime, and 44.2% in the United States. Clearly, Japan doesn’t have a cannabis consumption addiction problem – it has a cannabis prohibition addiction problem.

The country is considering medical reform and will create a new legal framework to recriminalize adult use

The Ministry of Health in Japan has decided to embark on a path that would seem to indicate that at least medical use of some kinds of cannabis is on track to be authorized soon.

The bad news? The government also apparently intends to become alone in the world to make medical use legal while also planning to specifically penalize recreational users.

As of last week, the Ministry began formal discussions on how to revise the country’s Narcotics Control Act, enacted just after WWII, in 1948. Last year, internal discussions began to lead ministers in the government in the direction of reform after a report discussed the medical efficacy of the drug on diseases like epilepsy. The Ministry of Health intends to draw up proposals before the end of this summer.

All G-7 countries, with the exception of Japan, have approved the use of CBD-based drugs to treat epilepsy.

Going Sideways?

That said, it is not clear how fast the country will move on cannabis reform more generally. The governmental inquiry is also discussing a new provision to the Control Act that specifically criminalizes recreational use while providing a medical exception to patients. There are also expected to be harsh penalties for the consumption of recreational cannabis.

This is a country with a long and tortured cannabis history. In 1980, former Beatles member, Paul McCartney visited the country with about 8 ounces in his possession. He was subsequently banned from the country for 11 years.

The government also made international headlines in 2018, clearly targeting Japanese nationals living in North America when it forbade its ex-pat citizens to use cannabis even if living in a country where its use was legal.

More recently, this February, a U.S. Marine received two years of hard labour for importing a half-gallon of cannabis-infused liquid and a quarter pound of cannabis flower. On May 17, a Japanese school nurse was also imprisoned for suspected possession of an unspecified amount of dried cannabis flower.

As of last year, there were 5,400 people charged with illegal possession – a new record for the country. Offenders below thirty accounted for 70% of those arrested. The number of people arrested for possession has doubled since 2017.

While it is unlikely that this strange compromise will hold, Japan, as a result, has certainly entered the global cannabis conversation with a unique “reform” proposal – even if it is, obviously, an unsustainable one long term.

Japan’s Health Ministry is considering reforming the nation’s cannabis laws to provide for the legal use of medical cannabis. A panel comprised of Japan Health Ministry experts met last week to continue discussions regarding revisions to Japan’s 1948 Cannabis Control Law. It’s the latest step in what will likely be a very lengthy process to explore legalizing medical cannabis in Japan.

What is being proposed in Japan, if enacted, would only legalize medical cannabis in very limited forms and situations. Only cannabidiol (CBD) would be legalized, whereas tetrahydrocannabinol (THC) would remain prohibited. Even the limited CBD reforms that are being proposed in Japan are being met with some skepticism among health experts in the country for whatever reason.

June 2021 Report

The discussions currently underway in Japan are the result of a report that was released nearly a year ago in June 2021. The report, which was compiled by Japan’s Health Ministry, recommended that CBD be allowed to treat refractory epilepsy. CBD has been found to effectively treat refractory epilepsy, and it is commonly prescribed to help treat the condition in a growing list of countries.

Japan’s current cannabis laws are largely built on the concept of banning parts of the cannabis plant, versus focusing on cannabinoids and limits of cannabinoid content. Banning parts of the cannabis plant seems to be a common concept in the region when it comes to cannabis policy, whereas in Western countries hemp, which is what CBD is largely sourced from, has a THC percentage limit for both harvests and finished products.

Unfortunately, the ministry panel is also recommending that a new law be created that would harshly punish people for simply using cannabis for non-medical purposes, which is a particularly harsh policy. It’s unclear how such a cannabis policy would be enforced, however, it’s a safe assumption that people suspected of having cannabis in their system would likely be automatically tested, which would be a massive invasion of privacy and is a policy that is ripe for selective enforcement.

Why Is Japan So Scared Of Cannabis?

People all over the planet, including in Japan, have used the cannabis plant for medical and/or recreational purposes for centuries. By historical standards, the cannabis plant was only prohibited recently, and even then, the enactment of prohibition was based on harmful political ideology and not on sound science.

Cannabis prohibition is one of the most harmful public policies on earth, and that is particularly true in Japan where cannabis prohibition is being used to ruin many lives. Over the course of the last 8 years, the number of people being arrested for cannabis in Japan has increased, even though cannabis arrests have decreased in many other countries during the same time period. The rise in cannabis arrests culminated in a record being set in 2021, with a reported 5,482 people being arrested for cannabis offenses in Japan during the last full calendar year. Roughly 70 percent of the arrests involved suspects that were teenagers or in their 20s.

The rise in arrests is an indication of heightened cannabis prohibition enforcement by Japan in recent years, although Japan’s government is portraying the rise of arrests as being the result of increased consumption rates. In reality, Japan has one of the lowest cannabis consumption rates on the planet. Consider the fact that only 1.8% of people in Japan report having consumed cannabis during their entire life. Japan doesn’t have a cannabis use problem. It has a cannabis prohibition problem, and that problem will only get worse if Japan enacts a new anti-cannabis consumption law.

Cannabis reform is sweeping the globe thanks to the decades of hard work by dedicated cannabis activists around the planet. Cannabis is now legal for adult use purposes nationwide in three countries – Uruguay, Canada, and Malta. Also, dozens of countries have now legalized cannabis for medical use. All of that adds up to increased tax revenues, job creation, and boosts to local economies. Most importantly, it means that fewer people are being arrested for cannabis offenses. Although Japan is, unfortunately, moving in a different direction.

Whereas other countries are either on, or are at least trending towards, the right side of history when it comes to cannabis policy Japan is doubling down on prohibition. Earlier this year Japan’s Health Ministry created a panel to review Japan’s current cannabis laws, citing a ‘rising consumption rate’ in Japan, especially among younger consumers. The aim of the panel seemed to be to explore ways to make Japan’s cannabis penalties harsher than they are now, which is bad news when coupled with the fact that Japan just set a record for cannabis arrests.

Cannabis Arrests Continue To Increase

For the last 8 years, the number of people being arrested for cannabis in Japan has increased. The increase in Japan is paralleled by a decrease in many other countries. The rise in cannabis arrests culminated in a record being set in 2021, with a reported 5,482 people being arrested for cannabis offenses in Japan during the last full calendar year. Per the recently released National Police Agency data, roughly 70 percent of the arrests involved suspects that were teenagers or in their 20s.

The number of people arrested in Japan for cannabis in 2021 increased by 448 people compared to the prior year, although the rate of arrest per 100,000 people has nearly doubled since 2017. The rise in arrests is an indication of heightened cannabis prohibition enforcement by Japan in recent years, although Japan’s government is portraying the rise of arrests as being the result of increased consumption rates.

In actuality, Japan has one of the lowest cannabis consumption rates on earth. In the most recent year for which data is available (2019), Japan experienced a 21.5% increase in measured cannabis consumption compared to the previous year. While that may sound alarming to some lawmakers inside and outside of Japan, consider the fact that only 1.8% of people in Japan report having consumed cannabis during their entire life. Compare that number to 41.5% in Canada and 44.2% in the United States. When the data is put into perspective, it is clear that Japan doesn’t have a cannabis consumption problem – it has a cannabis prohibition problem.

Harsher Laws Will Ruin More Lives

As I often say, cannabis prohibition is one of the worst public policies on earth, and I know that I am not the only person saying it. Anyone that has been subjected to a cannabis conviction knows firsthand the negative impact that it has on their lives. That negative impact can also extend to parts of that person’s family, job, and community depending on the situation.

Currently, possession of cannabis carries a 5-year prison sentence in Japan. Cultivation of cannabis is punished by an even harsher penalty of 7 years in prison. Those are the possible penalties that the 5,482 people arrested for cannabis in Japan in 2021 could face. That is absolutely horrific.

To make matters worse, Japan is thinking about making the penalties even harsher, and people subjected to arrest in the future could have to serve even longer prison sentences. All the while, cannabis will still be consumed in Japan, just as it is consumed everywhere else in the world. Prohibition doesn’t work in Japan, no matter how much lawmakers in the country want to cling to the failed public policy. The only end result that arises out of a harsh crackdown like the one underway in Japan is lives being ruined, and that is unacceptable.