Asmin Fransiska testified as an expert for the Petitioners virtually at the judicial review hearing of Law No. 35 of 2009 on Narcotics, Monday (30/8/2021) in the plenary courtroom. Photo by Humas MK/Ifa.

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Monday, August 30, 2021 | 23:12 WIB

JAKARTA, Public Relations—In reading new international laws and treaties such as the Single Convention on Narcotic Drugs, 1961, it is important that Indonesia focuses on protecting citizens’ health and constitutional rights. This is especially true regarding Article 12 of the International Covenant on Economic, Social, and Cultural Rights to Health, which refers to the WHO’s definition of health in relation to the convention on narcotic drugs. Therefore, narcotics classification should not be separated from relief of pain and suffering for in need, said Asmin Fransiska, an expert for the Petitioners at the fourth judicial review hearing of Law No. 35 of 2009 on Narcotics on Monday, August 30, 2021 virtually.

The case No. 106/PUU-XVIII/2020 was filed by Dwi Pertiwi, Santi Warastuti, Nafiah Murhayanti, Perkumpulan Rumah Cemara, the Institute for Criminal Justice Reform (ICJR), and the Community Legal Aid Institute (LBHM) (Petitioners I-VI). They requested the material judicial review of the elucidation to Article 6 paragraph (1) letter a and Article 8 paragraph (1) of the Narcotics Law, which prohibits cannabis use for medical purposes. They believe this has harmed their constitutional rights as it kept the Petitioners’ children from receiving treatment that can improve their health and quality of life.

Asmin believes that the Indonesian Government only interpreted the Single Convention on Narcotic Drugs, 1961 as a ban of narcotics from the legal perspective, not from the health one, resulting in an erroneous interpretation. In addition, Articles 36 and 38 of the Convention on Psychotropic Substances, 1971 ensures health and social intervention on individuals at risk for psychotropic substance use disorder.

Improvement of Treatments

Asmin also explained that the norms in the Narcotics Law in this case were contrary to the purposes and objectives of the Single Convention on Narcotic Drugs, 1961. The law focuses on the Indonesian people that must be created fairly in accordance with the mandate of the 1945 Constitution. Asmi believes that to improve the health of the Indonesian people to realize prosperity, efforts need to be made to improve treatment and health services, including by providing certain types of narcotics in medical treatment and to prevent and eradicate narcotics abuse.

Asmin said that on the one hand, narcotics are beneficial drugs and materials in treatment or health services and for the development of science. International classifiers in each participating country have the discretion to regulate them in their domestic law while in communication with the United Nations organizations in exercising control over narcotics.

“This means that the classification is meant to be reviewed and reported for coordination and collaborative control over narcotics for global safety and health. The interpretation of the article that narcotics cannot be used for medical treatment is detrimental to the state of Indonesia, as it only focuses on security and disregards that the Single Convention on Narcotic Drugs, 1961 and the Narcotics Law No. 35 of 2009 must also be based on the aspects of health and science aimed at ensuring the welfare and health of the [Indonesian] citizens and the world citizens,” said Asmin before the bench chaired by Chief Justice Anwar Usman.

Medical Benefits of Cannabis

At the hearing, David Nutt, a British neuropsychopharmacologist who focuses on research on drugs that affect the brain and addiction, also testified. Nutt said cannabis had long been used for medicinal purposes in many countries. The UK has allowed medical cannabis for 3 years after much evidence from patients using cannabis. It is said that the plant has significant uses that cannot be provided by other drugs.

“In the UK, cannabis now been classified as a class B drug, meaning it can be used for medicinal purposes. Any specialist is allowed to prescribe it with evidence of the safety and efficacy of the drug for a particular disease. The UK has the broadest regulation as it can be prescribed by any specialist,” Nutt said as interpreted by Miki Salman.

In 2019, Nutt said, the National Institute for Health and Care Excellence (NICE) provided guidance on the prescription of cannabis, such as for nausea and vomiting due to chemotherapy as well as for epilepsy in children. Nutt revealed that many countries have allowed cannabis-based medicinal products for their safety. Data from Germany, Italy, the Netherlands, the US, Canada, Israel, and Australia did not show much issue from the use of cannabis for medical purposes.

Nutt then explained two types of cannabinoids: tetrahydrocannabinol (THC) and cannabidiol (CBD). The two, he said, have similar chemical structures but have very different but complementary functions. Nutt wrote a research paper that shows that pediatric patients who consumed cannabinoids showed up to 80% reduction in convulsive seizures.

“So, this indicates dramatic and strong medical effects. Cannabinoids can change the lives of children for whom conventional treatments have failed,” he stressed.

Nutt has also researched medical cannabis for chronic neuropathic pain, which is difficult to treat. Its results show that the combination of THC and CBD has high tolerance and is safe. Evidence of medical cannabis’ effectiveness and its unique medical properties led to its reclassification in the UK.

Formation of Cannabinoids

Next, Musri Musman, a professor of natural chemistry at Syiah Kuala University, Aceh, explained the chemical meta-analysis of the natural ingredients of the cannabis plant. He had observed how the formation of cannabinoids could be affected by temperature and the UV light. At low temperatures, cannabinoids undergo a reaction, resulting in the formation of CBGA, which has the potential as a basic ingredient for drugs. This basic ingredient does not show an active cycle, but when undergoing carboxylation it will produce CBD, which can function as a drug. If temperature at harvest increases or if it is harvested at 10 a.m., the THCA enzyme increases, which forms non-psychoactive Delta 9 THCA. However, at rising temperatures, the Delta 9 THCA will turn into psychoactive THC. 

“So, the formation of THC lasts a short time. Therefore, the concentration in the cannabis plant cannot always be maintained because it really (depends on) the environmental conditions,” he said.

He then explained the factors that affected the levels of cannabinoid components. First, genetic factors means that the amount of THC and CBD in this plant’s variants cannot be regulated. Second, training, meaning how people use, cut and dry it. All of these things, he explained, greatly affects the percentage of the CBD and THC.

Musri revealed that even lightning can also have a decisive impact on the amount of THC and CBD in the cannabis organism. In addition, nitrogen content in the soil also determines the potency fluctuation of the cannabis. Even the time of harvest affects the CBD it produces. If the harvest is done in the winter, more CBD is produced, while in the summer more THC is produced. Thus, temperature greatly affects the degradation of cannabis because storage in the box in the year, sealing, use, opening the lid where it is stored, will change the basic ingredients of cannabinoids in changes in the percentage of THC and CBD.

“So, if a factory releases today for example at 18%, in two weeks or three weeks it might not necessarily stay at 18%. If the bottles are clear, not colored, changes might occur [because] cannabinoids are very sensitive to light,” he explained.

Before concluding the hearing, Chief Justice Anwar Usman announced that the hearing will resume on Tuesday, September 14, 2021 at 11:00 WIB to hear experts for the Petitioners.

Writer        : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 8/31/2021 12:43 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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