Written by Dario Sabaghi
Published in Weed World magazine issue 168
Image source: Paid for on license via Adobe Firefly & Duncan Lewis via unsplashed.com
Japan is known to have one of the strictest policies on cannabis, but something has been moving forward in recent months.
The country’s parliament passed a bill in December to legalize medical products containing cannabinoids, amending the Cannabis Control Law. However, at the same time, it established new criminal penalties for the use of cannabis, putting an end to the legal loopholes that have surrounded cannabis consumption in Japan for years.
To grasp the importance of this reform and its consequences, it is essential to understand the complex cannabis legislation in Japan.
Japan, with a longstanding tradition of cannabis farming and religious practices, faced scrutiny after World War II when U.S. occupying forces called for a cannabis ban. The result was the 1948 Cannabis Control Act[1], which outlawed most hemp parts except mature stems and seeds, which were believed to be non-psychoactive.
Today, the Act criminalizes various cannabis-related activities, such as production and possession, but is silent on consumption, aiming to spare farmers from unintentionally inhaling cannabis crops. However, this omission creates a paradox—consumption is allowed, yet possession is criminalized, leading to legal loopholes. For example, discovering someone smoking a cannabis joint is not deemed illegal if the individual claims the joint does not belong to them, as reported in an article by TIME magazine[2].
So, what would it change with the new cannabis reform?
With the amended laws set to take effect within a year of promulgation, cannabis, and THC are classified as narcotics subject to regulation. Despite the existing prohibition on the possession and cultivation of cannabis in Japan, the country will now extend the ban to its use, carrying a potential prison sentence of up to seven years for violations.
While this indeed represents a step backward for the country toward legalization, the reform improves the legislation regarding cannabis for medical purposes.
The previous law prohibited administering or taking cannabis-derived medicines, but the revised law removed this restriction, placing cannabis in the “narcotics” category under the Narcotics Control Law. This effectively legalizes the use of cannabis-derived medicine in Japan, pending confirmation of efficacy and safety by Japanese authorities.
Previously, such medicines were restricted to clinical trials.
Individuals with intractable epilepsy, where existing drugs are less effective, await the potential administration of Epidiolex, a drug developed by the British company GW Pharmaceuticals. Epidiolex, containing cannabidiol (CBD) extracted from cannabis plants, has already received approval in the United States for treating intractable epilepsy.
[1] https://www.japaneselawtranslation.go.jp/en/laws/view/2594/en
[2] https://time.com/6306213/japan-cannabis-laws-loopholes-legal-high/
While clinical trials for Epidiolex continue in Japan, its use was prohibited before the enactment of the revised cannabis control law. If the health minister approves and the drug is marketed, it could offer hope to around 20,000 intractable epilepsy patients in the country, as reported by The Japan Times[1].
But the implications of the new reform don’t end here because the legalization of cannabinoids may boost the already flourishing CBD market.
As of today, CBD and other hemp-derived products can be imported and sold in Japan as long as they don’t have levels of THC and are explicitly derived from stalks and seeds. This has led to a thriving CBD market in Japan, which offers edibles, topicals, supplements, and vape products.
With the recent amendment, products derived from the flower, leaves, or resin are expected to be legally imported into Japan as long as they adhere to the new THC limit, which has yet to be defined.
The Japanese market for CBD-related products reached ¥18,541 million ($130.4 million) in 2021, marking an 85.9% increase from the previous year. It is projected to reach ¥82,979 million ($583.8 million) in 2025, according to a survey by the Yano Research Institute[2].
Given Japan’s current, complete dependence on CBD imports, the recent amendment holds the potential to foster a thriving market for domestic manufacturers. This shift in reliance on imports could be imminent, as the amendment addresses CBD usage and outlines the government’s commitment to establishing a framework that encourages hemp cultivation within the country.
The government plans to enhance cultivation opportunities by amending the current Cannabis Control Act to the Law Concerning Regulation of Cannabis Plant Cultivation. Japan will introduce two types of grower licenses: one for cultivating industrial hemp and the other for producing cannabis intended for medical or pharmaceutical purposes. While the first license is already accessible, the introduction of the second license represents a new development in the country.
The new cannabis reform is expected to be implemented within a year of promulgation, with adjustments to cannabis cultivation licenses expected to take effect within two years.
Nevertheless, the country’s steadfast position against recreational cannabis is unlikely to shift in the foreseeable future. On the contrary, lawmakers seem inclined to address loopholes in consumption and synthetic alternatives, proposing heightened penalties for cannabis-related offenses.
Japanese consumers have, indeed, sought alternatives to cannabis through legal loopholes, embracing newly introduced synthetic cannabinoids like HHCC, THC-O, HHC-O, and HHC. Local authorities have attempted to ban these substances individually but with limited success over the long term[3].
[1] https://www.japantimes.co.jp/news/2023/12/13/japan/marijuana-medical-use/
[2] https://www.yanoresearch.com/en/press-release/show/press_id/3013
[3] https://www.vice.com/en/article/88qamk/japan-weed-law-thc-thco-cannabis-ban
