In Japan, possessing cannabis can result in up to seven years of imprisonment, but consuming the substance itself is not considered a crime. In recent years, a ‘green rush’ has been sweeping across Asia, prompting some countries to explore partial or complete legalization while others maintain strict prohibition. Japan, known for its stringent drug laws, is now poised to debate its own cannabis legislation in the upcoming parliamentary session. However, expectations lean towards a crackdown on recreational use, including the closure of existing legal loopholes.
Historically, Japan had a rich tradition of cannabis cultivation, with hemp being used in various applications such as garment-making, food seasoning, and religious practices. The country’s post-World War II era saw the introduction of the 1948 Cannabis Control Act, which criminalized most parts of the hemp plant, except for mature stems and seeds. The omission of provisions regarding consumption was intended to avoid penalizing farmers who may unintentionally experience the plant’s psychoactive effects.
However, the decline in hemp farming has led to ambiguity in the enforcement of cannabis laws. While consumption itself is not a crime, legal provisions exist to deter individuals from engaging in dangerous behavior while under the influence. For instance, driving under the influence of cannabis falls under the Road Traffic Act, which prohibits driving under any circumstances that impair a person’s ability to drive safely.
Authorities in Japan have become increasingly aware of gaps in the cannabis laws, given the surge in cannabis-related offenses. A panel formed under the Ministry of Health recommended a ban on cannabis use after a record number of individuals, particularly teenagers and young adults, were implicated in cannabis-related cases. Until legislative changes address cannabis use directly, authorities can only crack down on possession, leading to arrests for even trace amounts of cannabis.
Interestingly, while THC, the psychoactive component of cannabis, is banned, the market has seen the proliferation of unregulated synthetic cannabinoids that mimic its effects without containing THC. Referred to as “loophole herbs,” these substances have gained popularity despite some concerns over their safety. Regulatory catch-up attempts have resulted in individual bans on specific synthetic derivatives, only for new ones to emerge. This ongoing cycle has made it difficult for authorities to effectively regulate these substances.
While Japan’s stance on recreational cannabis remains steadfast, there are signs of cautious openness towards the medical benefits of cannabis. In recent years, a pharmaceutical drug called Epidiolex, containing a cannabis-derived ingredient, was trialed for the treatment of epilepsy following recommendations from a health ministry panel. Furthermore, the possibility of legalizing medical cannabis gained momentum earlier this year, but no concrete progress was made during the parliamentary session.
Unfortunately, cannabis advocates believe that Japan’s strict position on recreational cannabis is unlikely to change in the foreseeable future. Lawmakers are expected to focus on closing both the consumption and loopholes related to synthetic cannabinoids, while imposing harsher penalties for cannabis-related offenses. The government continues to propagate messages warning the public about the dangers of cannabis, hindering progress towards a more balanced and informed approach.
Japan’s cannabis laws and the surrounding landscape present a complex situation. While consumption itself is not illegal, the possession, production, sale, and research of cannabis are strictly prohibited. Synthetic cannabinoids have emerged as a legal alternative, yet regulatory attempts to curb their use have fallen short, leading to a cycle of ban and replacement. The prospect of legalization for recreational use remains distant, while the potential for medical cannabis continues to face obstacles. It remains to be seen how Japan will navigate the evolving cannabis industry and adapt its legislation in the coming years.
Market Capital Research 