Legal Review of Medical Marijuana Use for Patients to Achieve Health
DOI:
https://doi.org/10.33603/hermeneutika.v10i1.11050Keywords:
Medical Cannabis, Treatment, Patients, Human Rights, RegulationAbstract
The right to health is a constitutional right guaranteed by the 1945 Constitution and human rights instruments. However, the regulation of narcotics in Indonesia, through Law No. 35 of 2009, still classifies marijuana as a Schedule I narcotic, prohibited for medical purposes. This situation creates a gap between positive law and patients' needs for alternative therapies based on medical marijuana. This study uses a socio-legal approach with qualitative methods, combining primary data (interviews, focus group discussions, case studies) and secondary data (regulations, literature, and international research results). The results show that existing regulations are unable to provide adequate legal protection for patients, despite international medical evidence supporting the effectiveness of medical marijuana in treating epilepsy, cancer, autism, and sleep disorders. Analysis of the theories of Legal Protection, Balance, and Utilitarianism emphasizes the urgency of policies that balance the state's interest in preventing abuse with patients' rights to treatment. This study recommends a phased policy model starting from academic research, clinical trials, and limited distribution under government supervision, so that medical marijuana regulations in Indonesia are more adaptive, based on scientific evidence, and oriented towards protecting patient rights.
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