On November, 2012, the voters of Colorado State and Washington State voted on a new initiative that legalized the recreational use of marijuana. This state level decision contradicts the Single Convention on Narcotic Drugs of 1961, and disputes the International Narcotics Control Board located in Vienna and the World Health Organizations’s international treaties and agreements. Such international organizations have been displaying concern regarding this issue, yet in Europe and many other parts of the world, many countries have laws that prohibit cannabis but actually do not enforce them strictly for small amount possessions.

So the United States legalized recreational cannabis in two states, and regarding medical marijuana, 18 states and Washington D.C. already legalized this, and have achieved goals such as cutting spending on prosecuting and persecuting those who may use, possess, or cultivate marijuana. Taxation perhaps is another issue, for each state has its own laws, but it is clear that  taxation of cannabis will bring a tremendous amount of income for these states that have moved forward.

During the first Abe administration, the Prime Minister was diagnosed with ulcerative colitis(UC), a form of Inflammatory Bowel Disease(IBD), which is considered an intractable disease by the Ministry of Health, Labor, and Welfare. There are reports that conclude that many of those who suffer from UC, are also cannabis users, to alleviate horrifying symptoms.

・Cannabis use amongst patients with inflammatory bowel disease.［PubMed］
http://www.ncbi.nlm.nih.gov/pubmed/21795981

In Japan, due to the Cannabis Control Act Part 4, medicinal use of cannabis is prohibited. We cannot even perform clinical studies, for this is also prohibited. WE CANNOT EVEN STUDY CANNABIS, YET FOR SOME ODD REASON, THE MEDIA AND GOVERNMENT CLAIMS THAT THE ONLY ANSWER TO CANNABIS, IS TO SIMPLY SAY ‘ABSOLUTELY NO!’.

Parachuting ex-bureaucrats do not even want to answer questions regarding this issue. When we requested evidence that cannabis caused violence in human behavior, (propaganda claimed by the parachuting organizations), the Executive Director simply replied ‘I don’t want to!’.

Interview with Drug Abuse Prevention Center

http://en.asayake.jp/?p=315e

Regarding the medicinal use of marijuana, the National Cancer Institute(NCI) of the United States issued a report called “Cannabis and Cannabinoids” on this matter, and in its overview stated as follows:

This complementary and alternative medicine (CAM) information summary provides an overview of the use of Cannabis and its components as a treatment for people with cancer -related symptoms caused by the disease itself or its treatment.

This summary contains the following key information:

• Cannabis has been used for medicinal purposes for thousands of years.

• By federal law, the possession of Cannabis, also known as marijuana, is illegal in the United States.
• The U.S. Food and Drug Administration has not approved Cannabis as a treatment for cancer or any other medical condition.
• Chemical components of Cannabis, called cannabinoids, activate specific receptors found throughout the body to produce pharmacologic effects, particularly in the central nervous system and the immune system.
• Commercially available cannabinoids, such as dronabinol and nabilone, are approved for the treatment of cancer-related side effects.
• Cannabinoids may have benefits in the treatment of cancer-related side effects.

National Cancer Institute　Cannabis and Cannabinoids (PDQR)
http://www.cancer.gov/cancertopics/pdq/cam/cannabis/healthprofessional

So, it was our intention to find out how much information does the Ministry of Health, Labor, and Welfare which oversees cannabis laws, have so far obtained about international use of medical cannabis.

In February 2013, we utilized the Freedom of Information Act equivalent in Japan, to obtain all information the Ministry held on foreign medical marijuana policies. We soon found out that they have ABSOLUTELY NO! information regarding this matter. THE F.O.I.A. response was as follows:

1 The name of the document which was rejected to access.

“All information held by the Ministry regarding Medical Marijuana use in foreign countries”

2 The reason for rejecting the request.

“No documents are available regarding this issue”

For a victimless crime which does not hurt or manipulate anybody, the Japanese society has harsh punishments ready for those who possess personal amounts of cannabis. Their jobs and daily life are taken from them, and some are expelled from schools. The media sensationalizes such cases while identifying names, furthering the social stigma in this matter. They are arrested and put in strict jails, as well. Haven’t we lost balance between our actions and it’s consequential punishment? What are the reason for such policies in Japan? Aren’t we wasting tax payer’s money?

Not limited to ulcerative colitis, cannabis has been known to help those alleviate pain from cancer, enhance appetite, and assist those who cannot  sleep. It is a shame that the Japanese are not entitled to medical marijuana, just like many of the other countries throughout the world. This Cannabis Control Act historically has no reasonable explanation for existence, except for the fact that it was imposed by the occupying forces of the US shortly after WWII. This medication has hardly any known side-effects, and is known to be safe. This should be an available choice for the people of Japan as well as the rest of the world.

We would like to keep asking questions to the Japanese Society. So what do you think?

The clause that prohibits clinical research is promulgated in the Cannabis Control Act – Part 4 section 2 and 3. Currently, the goal of the legalize marijuana movement in Japan is to eliminate this particular clause,  which shall eventually allow cannabis use in various treatment and perhaps as a preventative healthcare measure, and even help those with debilitating medical conditions.

It is most certain that the short and long term effects of the nuclear disaster in Fukushima will lead to the increase of various types of illness’ including thyroid cancer etc., in children and adults, just as it did in Chernobyl, if not worse. Medical marijuana could perhaps be the answer to the suffering caused by such illness’ and the side effects of chemotherapy. In short, medical marijuana is much needed in Japanese society today.

Japan is also one of the leading countries in the use and abuse of sleeping medication, anti-anxiety medication (mostly benzodiazepines), which is promoted by large pharmaceutical companies who lobby hard to sell their products. Cannabis could easily replace these harmful drugs, in may cases. On the other hand, certain Japanese pharmaceutical companies have spent a lot of money on the research for Sativex, an oral/nasal spray that is derived from cannabis, often used in treatment to alleviate symptoms of multiple sclerosis, cachexia (wasting syndrome) caused by AIDS, cancer, and further more. Such research is done overseas, because of the aforementioned clause that prohibits cannabis derived medications. Sativex is still not available in Japan.

Most cannabis legalization groups have come to agreement that the urgent issue is to eliminate Part 4 section 2 and 3, in order to at the very least allow clinical cannabis studies in Japan. However, different groups seem to have different names for this particular proposition, which is finally at the stage of collecting signatures from the citizens of Japan. The universal idea is the same, but different groups are currently getting ready to do so without each other’s cooperation. This is a shame.

It is a relatively well known fact that Japan had medical marijuana until the end of the war. Japan had East Indian tinctures and dried cannabis sold as medication for asthma, lack of sleep, and to enhance the appetite, etc. It is most certain that this type of medication was used widely to treat many other different types of illness’ as well.

The elimination of the Cannabis Control Act Part 4 section 2 and 3 will certainly be the first step to the legalization of  cannabis in Japan, especially medical marijuana, which is a hot issue these days, nationally and internationally. Until then, cannabis remains an illegal drug, considered the same as methamphetamine which is a big problem in Japan, and cannabis remains punishable by up to 10 years for distribution with intent to sell. Low level offenses such as personal possession and cultivation (without intent to sell) even carries up to a maximum of a 5 to 7 year sentence, in a harsh, strict prison, which is clearly a violation of human rights. In fact, Amnesty and many other international agencies have repeatedly warned Japan of its prison systems and its violation of basic human rights. It is simply not worth it to get caught in Japan for a little bit of ganja, unless you (and probably your family) are willing to suffer. Yet about 3000 people get busted every year and about a million or two Japanese have tried cannabis in one form or another.

Now is the time to change the law. Until recently, the only way to contest and challenge the Cannabis Control Act was by getting busted and fighting the constitutionality of cannabis prohibition in the court of law. On our website, we have many articles referring to this matter. Many have tried before by getting arrested on purpose to fight the law – and the law won. The Japanese courts from local to superior, has refused to seriously consider the medical properties of marijuana. The courts have not addressed the right to life, the right to pursue happiness, etc., and  ignored the claims by those who mention that cannabis has positive medicinal properties.

Signatures are important, in the sense that it is influential on politicians who write and amend the laws. If they see that there is a big demand for medical marijuana, which there is, they may see the signatures  as potential voters. Hopefully in the near future the legalization groups can come together and collect enough signatures to influence Japanese politics. Until then, perhaps non-violent civil disobedience is the only way – but only if you are willing to do the time.

TRANSLATED BY: SHIGERU ASO

The cannabis control act is a serious violation of our right to quality life and our right to pursuit happiness, and therefore it is clearly unconstitutional. In the year 2003, I was arrested on purpose for cultivating 300 cannabis plants and I stated the above in the court of law. I was working with another activist and kept providing this wonderful medicine to people with rheumatism, cancer, etc. The cancer patients claimed that their was emmense pain relief, an increase in appetite, and that they were able to finally go to sleep at night. My fellow activist was openly discussing such matters on the internet. It was a matter of time before we both went to jail.

In the trial, my attorney stated that there were many documents and sources of information that proved the madeical properties of the cannabis plant, along with the safety of using this miracle drug. We filed the documents from world authorities, such as reports from the Council for Science and Technology in Britain and the US National Academy of Medicine. My lawyer stated that cannabis was being used in a medical fashion, and since there were patients that desperately needed access to such medication, the Cannabis Control Act violated the right to life of these patients. However, the district court of Osaka stated the following: The indicted person has been vocal about the lack of logic in the Cannabis Control Act all throughout the investiagtion and trial. His attitutde is not good.

My freedom of thought and speech was violated, and regarding the patients right to life – this was completely ignored. 

I appealed the case to the furthest extent of the Japanese legal system, and the administration of justice never gave us a straight answer. In short, the courts totally disregarded my arguments. I received a suspended sentence, but how could I possibly believe in the law and justice system any further? How could I possibly conclude to obey these unconstitutional laws?

Later on, I found out that the secondary institution of the Ministry of Health and Labor, known by the slogan “NO. Absolutely” – which is a direct translation of the “Just Say No” campaign by Nancy Reagan, was an organization constituted of ex-bureaucrats from the Ministry. I also found out that the only information they have on cannabis is a drug sample kit imported from the United States and translated about 15 years ago – which is simply out-dated anti-cannabis propaganda. I reasearched and interviewed many people including a director from the “No. Absolutely” Center, and a senior advisor from the Ministry of Health and Labor, who both admitted that they do not have any medical or scientific reasoning behind this absurd translation of an outdated drug display kit. In short, they have absolutely no proper medical or scientific information regarding cannabis, yet they enforce these laws. I utiized the freedom of information act to obtain all inforamtion owned by the Ministry of Health and Labor regarding cannabis and proved that their information was next to nothing, medical or not, and placed such information on the internet.
 
This spring, a man who fought the Cannabis Control Act as an unconstitutional law, ended in defeat. It was just like any other cannabis case and the courts have always brought up the 1985 Supreme court decision that the “negative properties of cannabis is public knowledge”. However, such opinions are no longer supported by the international scientific and medical community. The attorney proved so in court. I stood as a witness, and provided information such as the fact that the Ministry of Health and Labor does not own any knowledge about cannabis. Ofcourse, the trial was a kangaroo court proceeding. I wrote to the Supreme courts a declaration of objection to the ruling, and also declared civil disobedience to the Cannabis Control Act, and ended the support effort for this case.

The separation of three powers (legal, administritive, and judicial) are totally dysfunctional in this country. Justice is not independant from the other powers as we’d like to think.

In Mr. Katsuragawa‘s appeal court, prosecutors submitted printing of this “DAPC homepage” to the defense counsel having asked for the basis which judges a Cannabis harmful. When the defense counsel asked for the source of this information again, prosecutors answered “Although we referred for this information to DAPC, prosecutors were not able to obtain a reply.” The public Cannabis information of a Japanese government-parachutist-into-private-industry foundation is so careless in this country.

First of all, based on what is the Cannabis information of DAPC described?
June, 2004. Mr. Itoi representative director (then /former Ministry of Health, Labour and Welfare bureaucrat) of DAPC explained that the Cannabis information on DAPC was an extract of the “drug abuse prevention educational guide reader” published in this foundation.
There is the page “drug abuse prevention manual use explanation” in the “drug abuse prevention educational guide reader”, and it is written to the lowermost part as follows.

Translation and annotation: It seems that this manual serves as the above-shown “kit for drug abuse prevention education” to one pair, and is sold in the U.S.

This shows that this booklet is translation. It seems that even those who have translated do not know the source.The text of this page has the following explanation.

Neither the main fields recorded on this book nor the published medicine is carrying out perfect analysis. It is the purpose for description to call people’s attention and to contribute to the specification in question, to the last. herefore, when the detailed information about special material etc. is required, please ask directly.
We investigated this manual, and it turned out that the Cannabis information on DAPC was just a description of the medicine sample replica of Drug Prevention Resources in Texas in the United States, and Inc.

Can you believe? This is public Cannabis information on Japanese Government.

The penalty for simple possession (small amounts for personal use) is punishable by penal servitude of no more than five years. For cultivation, the penalty is punishable by penal servitude of no more than seven years. For a first time offence, it is customary to receive a suspension of the execution of the sentence. For cases involving distribution or intent to distribute the penalties may be much more severe. The following international conventions have been ratified by a number of countries including Japan: 1961: Single Convention on Narcotic Drugs http://en.wikipedia.org/wiki/Single_Convention_on_Narcotic_Drugs 1971: Convention on Psychotropic Substances http://en.wikipedia.org/wiki/Convention_on_Psychotropic_Substances 1988: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances http://en.wikipedia.org/wiki/United_Nations_Convention_Against_Illicit_Traffic_in_Narcotic_Drugs_and_Psychotropic_Substances Under these conventions cannabis is currently classified as a Schedule I substance. Schedule I includes supposedly dangerous drugs claimed to create a serious risk to public health, and whose therapeutic value is doubtful or non-existent. Included in the schedule are synthetic hallucinogens such as LSD and DMT. The most controversial drug in this category is Cannabis, which is of great therapeutic value according to many scientific studies. A growing number of countries which have ratified the conventions have relaxed the enforcement of cannabis control laws and penalties or decriminalized cannabis for personal possession and use consistent with not only the factual impact on society but also the will of the people that the governments are there to serve. It could be argued that the governments of these countries recognize that: a. Cannabis is not a gateway drug b. Cannabis does not lead to anti-social behavior c. Cannabis has scientifically proven medical advantages on human beings d. Society as a whole does not oppose or feel threatened by de-criminalization of cannabis use In essence, it could be argued that it is unconstitutional to enact and enforce laws against the will of the people without just cause. When the only measurable negative impact on society is violation of laws and not the act itself, do the laws serve society or does society serve the laws? How would society react if the government enacted laws prohibiting tobacco use consistent with the Cannabis Control Law? When you consider that tobacco contains nicotine, which is highly addictive with serious life threatening health risks, and has no medical value, one could argue that such a law be in the best interest of society? Think about that as you read on.