Jurnal Hukum Novelty
Vol. 17 No. 2 (2026)

From prohibition to controlled access: A comparative analysis of medical cannabis regulation in Indonesia and Thailand

Rizka (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
M. Iksan (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Nunik Nurhayati (Faculty of Law, Universitas Muhammadiyah Surakarta, Indonesia)
Ridwan (Faculty of Law, Universitas Muhammadiyah Bima, Indonesia)
Abdullah Al Mamun (Department of Food Science and Nutrition, Prince of Songkla University, Thailand)



Article Info

Publish Date
24 Aug 2026

Abstract

Introduction to the Problem: The regulation of medical cannabis remains a contentious legal issue in Indonesia due to its strict prohibition under the Narcotics Law, despite increasing scientific evidence supporting its therapeutic benefits. This legal rigidity contrasts sharply with Thailand’s progressive regulatory framework, which permits medical cannabis under state-controlled mechanisms. The urgency of this research lies in Indonesia’s normative vacuum in accommodating medical cannabis for health purposes, resulting in legal uncertainty for patients, medical professionals, and policymakers. Purpose/Study’s Objectives: This paper aims to illustrate the factors that lead to policy differences on the use of medical cannabis in Indonesia and Thailand. Therefore, the objective of this research is to uncover this phenomenon and find the fundamental differences in the cannabis legalization policies between Indonesia and Thailand. Design/Methodology/Approach: This study analyzes the legal differences in medical cannabis regulations between Indonesia and Thailand and formulate regulatory recommendations for Indonesia based on a comparative legal perspective. The research employs a normative juridical method with a comparative law approach, examining statutory regulations, court decisions, and policy frameworks in both countries. Findings: The findings reveal that Indonesia adopts a punitive, prohibition-oriented model centered on drug control, whereas Thailand implements a health-oriented regulatory model that integrates public health, state supervision, and patient access. This divergence reflects differing legal paradigms: criminal justice dominance in Indonesia versus public health governance in Thailand. The study argues that Indonesia’s current legal framework is incompatible with the evolving needs of medical treatment and human rights to health. Paper Type: Research Article

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Journal Info

Abbrev

Novelty

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Novelty (ISSN 1412-6834 [print]; 2550-0090 [online]) is the Journal of Legal Studies developed by the Faculty of Law, Universitas Ahmad Dahlan. This journal published biannually (February and August). The scopes of Jurnal Hukum Novelty are: Constitutional Law, Criminal Law, Civil Law, ...