Medical Cannabis in Law and Islamic Perspective

Abstract

This study aims to explain the legal status of medical marijuana in several countries in the world and the prospects for legalizing medical marijuana in Indonesia and to examine the need for legalizing medical marijuana in Indonesia as a step forward in fulfilling citizen's constitutional rights to health. This research uses qualitative methods with a normative juridical research type. The Preferred Reporting Items for Systematic Reviews and Meta-Analysis (PRISMA) 2020 guidelines with legalization of medical cannabis (included) used to develop this study. The result showed that 234 final articles proposing the medical cannabis and its policy together with the Islamic approaches. Interestingly, several countries have developed the law to adapt their country while the constitutional law of Indonesia has rejected two times for medical cannabis. In the other hand, the Islamic approaches, the legal experts emphasize that medical cannabis can be used as an alternative medicine, which is quite effective as a medicine in emergencies for medicinal purposes as long as all the requirements for medical cannabis are in line with Islamic values. With scientific studies and research, the government needs to make policies related to the fulfillment of citizen's health rights in the context of using cannabis for medical needs. To avoid the illegal use of cannabis with inappropriate doses, the government must immediately make technical regulations.