THE LIBRARY OF CONGRESS LAW LIBRARY FAR EASTERN LAW DIVISION LAWS OF VARIOUS ASIAN COUNTRIES PERTAINING TO CANNABIS SATIVA by The Staff Washington, D.C. March 1970 BURMA The Union of Burma is a signatory to the Single Convention on Narcotic Drugs of 1961. under Article 49 of the Convention, Burma signed the treaty with the following reserva- tion, withholding the right: (1) to allow addicts in the Shan State to smoke opium for a transitory period of 20 years with effect from the date of coming into force (2) to produce and manufacture opium for the above purpose; (3) to furnish a list of opium consumers in the Shan State after the Shan State Government has completed the taking of such list on the 31st December, 1963. 1/ Prior to becoming a signatory to the Convention, the law relating to cannabis sativa was contained in the Dangerous Drugs Act of 1931. 2/ under the previsions of this Act, the use of cannabis was not prohibited. Medical hemp, defined as meaning any extract or tincture of hemp, was included in the list of manufactured drugs, and Section 8 of the Act states: ____________________ 1/ Single Convention on Narcotic Drugs, 1961, Tokyo, Ministere des Affaires Etrangeres, 1964, p. 122. The Shan State is one of the constituent states forming the Union of Burma. 2/ The Burma Code, Rangoon, Ministry of Judicial Affairs, 1956, Vol. 4, pp. 85-99. Burma-2 (1) No one shall--- (a) transport, posses or sell any manufactured drug, other than prepared opium, or coca leaf, or (b) manufacture medicinal opium or any preparation containing morphine, diacetylmorphine, or cocaine, save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules. (2) The President of the Union may make rules permitting and regulating--- (a) the transport, possession and sale of manufactured drugs, other than prepared opium, and of coca leaf; and (b) the manufacture of medicinal opium or of any preparation containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess . . . . The penalties for transporting, possessing or selling medicinal hemp and other drugs included under manufactured drugs are imprisonment which may extend to two years, fine, or both. It will be seen that under the provisions of this Act, cannabis is in a favored position as compared to the coca plant or the opium poppy, cultivation of which is specifically prohibited (Section 4 and 5) except under Government licence. _____________________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The LIbrary of Congress Washington, D. C. 20540 March 1970 THE PEOPLE'S REPUBLIC OF CHINA The People's Republic of China is not a signatory to the Single Convention on Narcotic Drugs of 1961. The non-medical use of cannabis sativa is presumably made illegal, however, by the provisions of the Order of the State Administrative Council Concerning the Strict Prohibition of Opium and Other Narcotics, which was adopted at the 21st session of the State Administrative Council, February 24, 1950. Most of this Order deals with opium; what constitutes "other narcotics" is nowhere enumerated. Sections 4 and 5 of this Order read as follows: (4) The importation, processing, and sale of opium and other narcotics shall be prohibited throughout the country from the date this order is published. Violators of this decree regardless of who they may be, shall suffer confiscation of their opium and other narcotics in addition to severe punishment. (5) The opium and other narcotics in the possession of various persons are subject to surrender at a certain time. The government must look after the material position of these persons and pay adequate compensation in each individual case. Persons who fail to surrender their opium and other narcotics by the date fixed shall suffer confiscation of the opium and other narcotics is addition to punishment according to the degree of guilt. ___________________________ 1/ Fundamental Legal Documents of Communist China, Albert P. Blaustein, ed., South Hackensack, New Jersey: Fred B. Rothman & Co., 1962, p. 238. -2- Prepared by Kathryn A. Haun Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 KAH:kah 3/26/70 The Republic of China Nationalist China is not a signatory to the Single Convention on Narcotic Drugs of 1961.¹ The Criminal Code of the Republic, promulgated in 1935, and as amended up to 1954, contains a chapter entitled Offences Relating to Opium, but contains no reference at all to cannabis sativa.² The China Yearbook for 1968-69 states that the manufacture and supply of narcotics are now under the direction of the Narcotics Bureau of the Ministry of Interior.³ ¹ Treaties in Force, Washington, D.C., Department of State, 1968, p.302. ² Laws of the Republic of China, Translated and Compiled by the Law Revision Planning Group, Council for United States Aid, Republic of China, Taipei, 1961, pp. 966-968. ³ China Yearbook. 1968-69, Taipei, China Publishing Company, 1969, p. 320. Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D.C. 20540 March 1970 MSS:kah 3/19/70 HONG KONG The non-medical use of cannabis sativa was made illegal in Hong Kong after the Single Convention on Narcotic Drugs of 1961. As a British colony, Hong Kong was noted as being included when the United Kingdom declared itself a party to this Convention. 1/ No reservations were made in accepting the treaty. The law of Hong Kong relating to cannabis sativa is contained in the Dangerous Drugs Ordinance, No. 41 of 1968, as amended in January, 1969. 2/ The First Schedule to the Ordinance, which lists these drugs considered dangerous for the purposes of this law, includes "any extract or tincture of cannabis," as well as "cannabis, cannabis resin and all preparations of which cannabis resin forms the base, other than extract or tincture of cannabis." Section 8 of the Ordinance reads as follows: (1) Save under and in accordance with this Ordinance or a license granted by the Director [of Medical and Health Services] thereunder, no person shall--- (a) have in his possession; or (b) smoke, inhale, ingest or inject, a dangerous drug. _______________________________ 1/ Treaties in Force, Washington, D. C., Department of State, 1968, p. 301. 2/ Laws of Hong Kong, Hong Kong, Printed and Published by the Government Printer, 1968, Chapter 134, pp. 1-39. Hong Kong-2 (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offense and shall be liable on conviction on indictment or on summary conviction to a fine of ten thousand dollars [US$1,650] and to imprisonment for three years. The illegal possession and sale of cannabis is dealt with in Section 9 of the Ordinance, which states as below: (1) No person shall cultivate any plant of the genus cannabis or the opium poopy. (2) No person shall, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong-- (a) supply or procure or offer to supply or procure; (b) in any way deal in or with or offer or pur- port to deal in or with; or (c) import into or export from Hong Kong or do any [??] preparatory to or for the purpose of such importing or exporting, (3) No person shall have in his possession any plant of the genus cannabis or the opium poppy unless the same is in transit. (4) Section 14 [Dangerous Drug in Transit] shall apply to any plant of the genus cannabis and the opium poppy when the same is in transit as it applies to a dangerous drug which is in transit. (5) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine of one hundred thousand dollars [US$16,500] and to imprisonment for fifteen years. ____________________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS: kah 3/18/70 -3- (2) If any person--- (a) has in his possession any pipe or other utensil for use in connection with the smoking of prepared opium, or any utensil used in the preparation of opium for smoking or consumption otherwise; or (b) smokes or otherwise consumes prepared opium or frequents any place or places used for the purpose of smoking or otherwise consuming prepared opium, he shall be guilty of an offense against this Ordinance and shall be liable on conviction to a fine not exeeding two thousand dollars or to imprisonment for a term not exceeding one year or to both. ___________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MsS:kah 3/19/70 THE CANNABIS CONTROL LAW OF JAPAN The Single Convention on Narcotic Drugs of 1961 came into force in Japan on December 13, 1964. Japan made no reservation to the Convention. 1/ The Japanese Cannabis (Taima) Control Law of 1948 2/ made the non-medical use of cannabis illegal long before Japan signed the Convention. The following is a summary in English translation of the relevant provision of the Taima Control Law: 1. Definition The term "Taima as used in this Law shall mean Taima plants (Cannabis Sativa, L.), the seeds thereof and substances which are manufactured or compounded from Taima plants and seeds, but shall not include the mature stalk of such plant, any other substances which are produced from such mature stalk (except the resin), the seeds of such plant which are incapable of germination, and substances which are produced from such seeds. (Article 1) __________________________ 1/ U. S. Department of State, Treaties in Force: A List of Treaties and Other International Agreements of the United States in Force on January 1, 1968. Department of State Publication 8355, p. 302 2/ Law No. 124, July 10, 1948. 2. Dealer The term "Taima dealer" as used in this Law shall mean Taima producer and Taima researcher. The term "Taima producer" shall mean a person licesnsed by the Minister of Welfare to cultivate Tima plants for the purpose of producing hemp fiber or seeds. The term "Taima researhcer" shall mean a person licensed by the Minister of Welfare to cultivate Tima plants or use Taima for the purpose of research. (Article 2) 3. Restrictions A person other than a Taima dealer shall not cultivate, possess, purchase, receive, sell or transfer Taima or use Taima for the purpose of research. A person who possesses Taima under the authority of this Law shall not use it for any purpose other than that for which he is authorized to possess it. (Article 3) 4. Prohibited Acts No person shall commit the following acts: 1) export or import Taima and 2) administer or dispense medicines which were manufactured or compounded from Taima. (Article 4) 5. Penalties A person who violates the above three and four shall be punished with penal servitude not exceeding three years or a fine not exceeding 30,000 yan. THE NARCOTIC DRUGS LAW OF THE REPUBLIC OF KOREA The Republic of Korea signed the Single Convention on Narcotic Drugs of 1961 without any reservation. 1/ Non-medical use of cannabis was made illegal in 1957 under the Narcotic Drugs Law. 2/ The above Law is intended to facilitate proper usage of drugs in order to prevent harms and dangers caused by such drugs by limiting their use to medical and scientific purposes. (cannabis), its seeds, resins, and products, excluding the ripened stem of cannabis and products made therefrom and seeds incapable of germination. Unless otherwise authorized by the Minister of Public Health and Social Welfare, no person shall possess, own, administer, manufactured, compound, sell or use cannabis and other narcotics for purposes other than these prescribed in the Law (Articles 4 and 5). --------------------------------- 1/ U. S. Department of State, Treaties in Forces: A List of Treaties and Other International Agreements of the United States in Force on January 1, 1968. Department of State Publication 8355, p. 302. 2/ Law No. 440, April 23, 1957, as amended by Law No. 1954, April 4, 1967. Republic of Korea-2 Any person who imports, manufactures, or sells cannabis without a license shall be punished with penal servitude for not less than one year (Article 60, paragraph 1). Any person who makes preparations for the purpose of commiting the above crimes shall also be punished with penal servitude not exceeding five years (Article 60, paragraph 3). If any person violates the above for a gainful purpose, he shall be punished with penal servitude for life or for not less than two years (Article 60, paragraph 2). Any person who possesses cannabis without a license shall be punished with penal servitude not exceeding ten years (Article 60-2). Any person who uses narcotics without a license shall be punished with penal servitude not exceeding five years (Article 62). In the case of illegal use, sale and possession, suspension of qualificatons for not more thanten years, or a fine of to more than 100,000 huan may be concurrently imposed (Article 69). Violation of the provisions of the Law by a licensed person carries penal servitude not exceeding five years (Article 61). Finally, any narcotics used in the commission of crimes shall be confiscated. If it is imposible to confiscate an item, the money equivalent shall be collected (Article 70). Prepared by Dr. Sung Yoon Cho Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington D.C. 20540 March 1970 YC: kah 3/11/70 MALAYSIA Malaysia is a signatory to the Single Convention on Narcotic Drugs of 1961. 1/ No reservation was made in accepting the treaty. The non-medical use of cannabis sativa had already been made illegal by the Dangerous Drugs Ordinance, No. 30 of 1952. 2/ Part II of the Ordinance is entitled Control of Raw Opium, Coca Leaves and Indian Hemp. The definition of Indian hemp for the purposes of this ordinance is given as "the dried flowering or fruiting tops of the pistillate plant Cannabis Sativa, L., from which the resin has not been extracted, under whatever name they may be designated in commerce." Section 4 of this Part states as follows: 4(1) No person shall import into the Federation any raw opium, coca leaves or Indian hemp except under and in accordance with the authorisation of the High Commissioner and into such ports or places as may be prescribed by such authorities. (2) Any person who contravenes the provisions of this section shall be guilty of an offence against this Ordinance, and shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both such fine and imprisonment. -------------------------- 1/ Treaties in Force, Washington, D. C., Department of State, 1968, p. 303. 2/ Federal Ordinances and Enactments Passed During 1952, Kuala Lumpur, Government Press, 1953, pp. 243-281. -2- The export of these substances is similarly restricted by Section 5 of the Ordinance, with the penalties being the same as for import. Possession of raw opium, coca leaves or Indian hemp, except under and in accordance with an authorization, is an offense against the Ordinance and is punishable on conviction with a fine of ten thousand dollars or imprisonment for a term not exceeding five years, or both such fine and imprisonment. Part III of the Ordinance relates to the control of prepared opium and the resin of Indian hemp. Section 8 specifies that in this Part any reference to prepared opium shall be constructed as including a reference to the resin obtained from Indian hemp and substances of which such resin forms the base. Section 9 prohibits import into or export from the Federation, possession, and the manufacturing, selling or otherwise dealing in prepared opium. The penalty on Conviction is a fine not exceeding ten thousand dollars or imprisonment for a term not exceeding five years, or both such fine and imprisoment. Section 10 states that the owner of the premises being used for making, sale, smoking, or other consumption of prepared opium is guilty of an offense against this Ordinance, as is any one concerned in the management of the premises used for any such purpose, the penalty being a -3- fine of five thousand dollars or imprisonment for a tern not exceeding two years, or both fine and imprisonment. Section 10, sub-section (2), deals with the use of prepared opium. It states: If any person--- (a) has in his possession any pipe or other utensil for use in connection with the smoking of prepared opium or any utensil used in the preparation of opium for smoking or consumption otherwise; or (b) smokes or otherwise consumes prepared opium or frequents any place or places used for the purpose of smoking or otherwise consuming prepared opium, he shall be guilty of an offense against this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment. Subsection (3) of the same section defines "consume" with its grammatical variations as meaning eat, chew, smoke, swallow or drink. ___________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/18/70 utensil for use in connection with the smoking of prepared opium or any utensil SINGAPORE Singapore is not a signatory to the Single Convention on Narcotic Drugs of 1961. The law relating to control of cannabis sativa is contained in the Dangerous Drugs Ordinance, No. 7 of 1951. 1/ Sections 4 and 5 of the Ordinance restrict the import and export of raw opium, coca leaves and Indian hemp (defined elsewhere in the Ordinance as "the dried flowering or fruiting tops of the pistillate plant Cannabis Sativa, L., from which the resin has not been extracted"). The prescribed penalties for illegal export or import are a fine of 10,000 dollars, imprisonment of up to five years, or both fine and imprisonment. Possession of Indian hemp is dealt with in Section 6, which says: Any person who has in his possession any raw opium, coca leaves or Indian hemp except under and in accordance with an authorisation such as is referred to in sections 4 and 5 of this Ordinance and liable on conviction to a fine of ten thousand dollars or to imprisonment for a term not exceeding five years or to both. ________________________ 1/ The Laws of the Colony of Singapore, Singapore, Government Publications Bureau, 1955, Vol. 4, pp. 3-40. -2- Section 7, which is refereed to above, states that the Minister may make regulations for prohibiting, controlling and restricting the cultivation , production , possession, sale and distribution of raw opium, coca leaves or Indian hemp. The resin obtained from Cannabis and substances of which this resin forms the base, are dealt with in Sections 8, 9 and 10, as below: 8. In this Part any references to prepared opium shall be construed as including a reference to the resin obtained from Indian hemp and substances of which such resin forms the base. 9. (1) No person shall - (a) import into or export from the Colony; or (b) have in his possession ; or (c) manufacture, sell or otherwise deal in , any prepared opium . (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding five years or to both. 10. (1) If any person - (a) being the owner or occupier of any premises permits those premises to be used for the purpose of making prepared opium or for the sale or the smoking or consumption otherwise of prepared opium; or (b) is concerned in the management of any premises used for any such purposes as aforesaid, he shall be guilty of an offence against this Ordinance and shall be liable on conviction to a fine not exceed- ing five thousand dollars or to imprisonment for a term not exceeding two years or to both. -3- (2) If any person--- (a) has in his possession any pipe or other utensil for use in connection with the smoking of prepared opium, or any utensil used in the preparation of opium for smoking or consunption otherwise; or (b) smokes or otherwise consumes prepared opium or frequents any place or places used for the purpose of smoking or otherwise consuming prepared opium, he shall be guilty of an offense against this Ordinance and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year or to both. ---------------------- Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MsS:kah 3/19/70 THAILAND Thailand is a signatory to the Single Convention on Narcotic Drugs of 1961. No reservation was made in accepting the treaty. 1/ Previous to this, Thailand ahd the Harmful Habit Forming Drugs Law of B. E. 2465 (1922), as amended by the Harmful Habit Forming Drugs Laws (No. 2) of B. E. 2479 (1936) and (No. 3) of B. E. 2502 (1959). This law does not list cannabis sativa in its schedule of harmful drugs. Under the 1959 amendment to the law, whoever grows, produces, imports or exports any type of harmful drug in violation of its provisions is liable to imprisonment for six months to ten years and a fine equal to ten times the value of such drug but not less than three thousand baht. 2/ It is unlawful for any person to possess, produce, manufacture, sell, transfer, dispose of, or use in any way any harmful habit forming drug, except for medical purposes. Illegal possession is punishable by the same penalties as for growing, producing, etc., i.e., imprisonment for six months to ten years and a fine equal to ten times ______________________________ 1/ Treaties in Force, Washington, D. C., Department of State, 1968, p. 303. 2/ 20 baht = U. S.$1. -2- the value of the drug but not less than three thousand baht. The Drug Act of B. E. 2510 (1967) provides for the setting up of a Drug Commission which would be responsible for the issuing of licenses for the production, sale, and importation of drugs, including dangerous drugs. Under Section 101 of this Act, whoever produces, sells or imports drugs without a licence to do so is liable to imprisonment for not more than five years and a fine of not more than ten thousand baht. Licencees who sell or produce drugs in premises other than those prescribed in their licences, with the exception of wholesale sales made directly to persons licenced to sell them, are liable to a fine of from one thousand to five thousand baht. ________________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/19/70 SOUTH VIETNAM South Vietnam is not a party to the Single Convention on Narcotic Drugs of 1961. However, Order 260-PTT/TTK, dated March 31, 1954, bans the import, export, manufacture, trade and use of Indian hemp and products containing or made of this substance (Article 2). Within a period of fifteen days from the date of publication of the Order, anyone possessing Indian hemp or products containing Indian hemp is to declare the quantities in stock to the respective Pharmaceutics Inspection Services (Article 1). Article 3 provides that the trade and use of Indian hemp and products containing this substance will be temporarily allowed within the country, until exhaustion of stocks held by pharmacies, hospital laboratories, and authorised business firms. December 31, 1954, was set as the deadline for the completion of such trade and use. Individuals possessing Indian hemp were to submit it to the Narcotics Control Service for disposal, with the latter issuing receipts for the surrendered compounds. Article 4 states that quantities of Indian hemp and products containing this substance, held in violation of the articles of this Order, will be confiscated and disposed of. Indian hemp is defined in Article 5 as being "all flowers and South Vietnam-2 fruits of the Cannabis Sativa plants (Cannabin Urticacese of the Indian type)." No penalties are prescribed for contravention of the Order. However, the Edict Banning Opium in Vietnam, No. 60 of September 27, 1955, stipulates in its Article 10 that physicians and pharmacists who commit abuses in the prescription and sale of narcotic products shall be punished with a fine of from 5,000 to 100,000 piastres and/or a term of imprisonment of from three months to three years. In addition, the Minister of Public Health and Social Welfare may require the Medical Association or Pharmacists Association to apply disciplinary actions against the offenders. ____________________________ Prepared by Mya Saw Shin Senior Legal Specialist Far Eastern Law Division Law Library The Library of Congress Washington, D. C. 20540 March 1970 MSS:kah 3/19/70 Transcribed and reviewed by contributors participating in the By The People project at crowd.loc.gov.