The Development of Revision to the Legal Provision on the Use of Medical Marijuana by Buddhist Peaceful Means

Abstract

The research article consisted of the following objectives: 1) to analyze the context of marijuana use in Thai society, its problems and impacts on the legal provision on the use of medical marijuana; 2) to analyze the Buddhist peaceful means contributing to the development of revision to the legal provision on the use of medical marijuana; and 3) to analyze and present the development of revision to the legal provision on the use of medical marijuana by Buddhist peaceful means. The study employed a qualitative research method that included documentary research, in-depth interviews, and focus group discussions with Buddhist, Buddhist peaceful methods, legal, research, and medical experts from stakeholders and related parties.

From the study, the following results are found: 1) According to the Single Convention on Narcotic Drugs, 1961, “Definition (X) ‘Stocks’ means the amounts of drugs held in the country of territory for therapeutic or scientific functions”. However, the Narcotics Act B.E. 2522 stated otherwise; as a result, Thailand's narcotics laws are ineffective and inconsistent with international standards. For more than 40 years, the conversion of marijuana plants to narcotics perpetuated the myth that marijuana was a narcotic drug. The Narcotics Act B.E. 2522 was repealed later, when the Narcotics Code B.E. 2564 was promulgated. There is a provision that authorizes the Minister of Public Health to announce the names of narcotics, which narcotics belong to which category, and to revoke or change the names of narcotics, with the approval of the Narcotics Control Board, which is considered a further improvement in the provisions of the medical marijuana law. The Minister of Public Health has signed an announcement removing marijuana from the category 5 narcotics list, except for extracts THC greater than 0.2% only. Although this is the principle of free medical marijuana use according to Thai local wisdom, as well as one step further development of the provisions of the medical marijuana law according to international principles; however, when the law has not yet taken effect, there comes another wave of unrestricted marijuana usage. As a result, Thai society must develop appropriate laws. 2) The development process of revision to the legal provision employs Ariyasacca (the Four Noble Truths) with the principles for developing law, the process called ‘Four with 2P2M’ is obtained: (1) “F” stands for Focus on the reality of problems; (2) “O” stands for Opportunity for identifying the root causes of problems, i.e., curing sickness, as well as an economic opportunity; (3) "U" stands for utility, or benefits for the general public, so that patients' and doctors' behavior will not be at fault; and (4) "R" stands for restorative justice, which emphasizes justice rather than legal wrongdoing and owes an obligation to society. The law ‘2P’ should be developed in accordance with the principles of legal development with universal standards, public participation principles called ‘2M’, together with Thai traditional and modern medicine principles. All of which should be grounded on the Middle Way. 3) The presentation of the development of a revision to the legal provision on the use of medical marijuana through Buddhist peaceful means in favor of the people's happiness and peace for Thai society on a sustainable basis.