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MHM has over lawyers and over support staff including patent attorneys, licensed tax accountants, judicial scriveners, legal assistants and translators. Other core practice areas include tax and labour law. Under the current Cannabis Control Act in Japan, the possession, transfer, acceptance, importation and exportation of cannabis plants and their products are prohibited, except for possession by a person with a licence to cultivate or research cannabis plants. No one is allowed to engage in any medical or recreational use of cannabis plants and their products, or to cultivate cannabis plants except by a person with a cultivation or research licence. As the Japanese government has been very reluctant to issue cultivation licences, there were only 27 licensed cultivators as of 31 December In other words, the market for cannabis plants and their products is virtually non-existent in Japan. However, the seeds and mature stems of cannabis plants and their products are exempt from regulations under the Cannabis Control Act. Therefore, there is a market for products of cannabis seeds such as animal feed, essential oil materials, and spices, as well as for products of mature cannabis stems such as textile products and traditional products used in Shinto rituals. In recent years, CBD products or CBD as a raw material said to be made from mature stems are being imported from foreign countries and distributed in Japan. However, there have been several cases where DeltaTHC was detected in CBD products being distributed in the Japanese market, and the regulatory authorities have issued warnings to distributors and requested them to conduct voluntary recalls. It is worth noting that the Japanese government designates many controlled substances as having harmful effects and likely to be abused as narcotics. The possession, use, transfer, acceptance, manufacture, importation and exportation of narcotics are prohibited and penalised under the Narcotics and Psychotropics Control Act. The Cannabis Control Act regulates cannabis and cannabis products, and prohibits, with penalty, the possession, transfer, acceptance, importation and exportation of these substances and products. The rate of drug use among Japanese citizens is remarkably low compared to that of other countries. According to one study, the lifetime experience rate of cannabis use in Japan is only 1. As can be seen from these experience rates of drug use, the Japanese government is generally very strict in its enforcement against drug crimes, including those related to cannabis. In recent years, pharmaceutical products made from cannabis are gradually being approved and marketed in the United States and Europe. In addition, given the recognition of the medical usefulness of pharmaceutical products made from cannabis, the regulatory category of cannabis in the Single Convention on Narcotic Drugs, was reclassified from Schedule IV that is, selected drugs from Schedule I that are considered to have particularly dangerous properties and limited or no therapeutic benefit to Schedule I that is, drugs the control provisions of which constitute the standard regime under the Convention , a category that includes substances that may also have medical usage. In response to these developments, the Japanese government had been considering changes to the cannabis and cannabinoid regulation. Although the Amending Law has not yet come into effect and will be implemented in two phases, in and , it will allow the use of pharmaceutical products manufactured from cannabis and facilitate the distribution of THC-free cannabis-derived products, particularly CBD products. This chapter of the guide sets out the regulatory landscape as it will appear after the Amending Law comes into effect. Before the Amending Law, the Cannabis Control Act regulated cannabis plants, with the exclusion of mature stems and seeds, and products made from these plants. In other words, the cannabis and cannabinoid regulation focused on certain parts of cannabis plants eg, leaves, flowers, flower heads, resin and immature stems. In contrast, the Amending Law changes the approach in regulating THC derived from cannabis by classifying it as a narcotic under the Narcotics and Psychotropics Control Act, based on the understanding that the essential harm of cannabis is caused by THC, the toxic component of cannabis. As a result, products containing THC will be regulated by the Narcotics and Psychotropics Control Act similar to other narcotics, regardless of whether or not the THC is derived from cannabis. The Cannabis Control Act, on the other hand, will primarily regulate the cultivation of cannabis plants, and has been renamed the Cannabis Plant Cultivation Regulation Act. As a result of the aforementioned revision, pharmaceutical companies can manufacture and sell pharmaceutical products derived from cannabis, subject to approval for the pharmaceutical products themselves under the Pharmaceuticals and Medical Devices Act, and doctors and patients will, therefore, be allowed to use those pharmaceutical products. However, pharmaceutical products containing THC as an ingredient, including THC derived from cannabis, will fall under the category of narcotic drugs. Therefore, pharmaceutical products derived from cannabis will be controlled under strict distribution regulations under the Narcotics and Psychotropics Control Act, similar to other pharmaceutical products containing narcotics as an ingredient. This means that pharmaceutical companies and distributors involved in manufacturing and distribution of those products will be required to obtain a licence under both the Narcotics and Psychotropics Control Act and the Pharmaceuticals and Medical Devices Act. Please note that the use of cannabis plants that have not been approved as a pharmaceutical product for medicinal purposes, the so-called medical cannabis, will remain prohibited. Products derived from cannabis, other than approved pharmaceutical products, that can be legally distributed include:. Under the Amending Law, CBD products made from CBD extracted from cannabis leaves or flower heads will be allowed to be distributed as long as they do not contain the above-mentioned THC, which is a narcotic. Although very small amounts of THC may remain in CBD products, THC residues in products must remain below certain threshold concentrations, which will be set by government ordinance. On 30 May , a draft of the government ordinance was published for public comments. Under the current Cannabis Control Act, CBD products containing even very small amounts of THC are banned from distribution; therefore, many businesses are hesitant to enter the CBD product market because it has been difficult to clearly check the legality of CBD products. The recent revision that ensures the legality of CBD products by controlling the allowable concentration limits of THC residues would be a big step forward in the development of CBD product businesses. Under the newly renamed Cannabis Plant Cultivation Regulation Act, in order to cultivate cannabis plants, it is necessary to obtain a Class I or a Class II cannabis plant cultivator licence, depending on the purpose of cultivation. Class I cannabis plant cultivators are those who cultivate cannabis plants for the purpose of harvesting mature stems, seeds or raw materials for other permitted products, such as CBD products. Class II cannabis plant cultivators, on the other hand, are those who cultivate cannabis plants for the purpose of harvesting raw materials for pharmaceutical products. Class I cannabis plant cultivators are permitted to cultivate cannabis plants containing only THC in concentrations below a certain standard, which will be set by government ordinance. Class I cannabis plant cultivators must obtain a licence from the prefectural governor and renew their licence every three years. Additionally, Class I cannabis plant cultivators are permitted to extract CBD from cultivated cannabis plants if they have separate permission from the Minister of Health, Labour and Welfare. This is expected to facilitate the cultivation of cannabis plants for the purpose of extracting raw materials for CBD products, as it will allow cannabis plant cultivators to engage in various activities such as cultivating cannabis plants, extracting CBD, and selling CBD to businesses that manufacture CBD products. By contrast, Class II cannabis plant cultivators are permitted to cultivate cannabis plants containing high concentrations of THC. However, a Class II cannabis plant cultivator licence will be granted by the Minister of Health, Labour and Welfare only for the cultivation of cannabis plants for the purpose of extracting raw materials for pharmaceutical products. Class II cannabis plant cultivators are required to have their licence renewed every year. Under the Amending Law, licensed narcotic importers can import pharmaceutical products derived from cannabis if they have separate permission to import those pharmaceutical products. They are treated in the same way as importers of other pharmaceutical products with narcotic ingredients. At the time writing this guide, details of the import confirmation procedure have not yet been published. The Amending Law passed in December will significantly reform the current regulatory environment of cannabis and cannabinoid. In particular, the provisions of the Amending Law that will come into effect in have great significance in encouraging the expansion of businesses of cannabis-derived products, including the lifting of the ban on cannabis-derived pharmaceutical products and the deregulation of CBD products. Important regulatory details on the implementation of the Amending Law in are expected to be disclosed soon. Thus, interested players must continue to closely monitor legislative and policy developments. Chambers and Partners website Toggle navigation. Last Updated May 30, Trends and Developments. Overview of Cannabis and Cannabinoid Regulations in Japan Under the current Cannabis Control Act in Japan, the possession, transfer, acceptance, importation and exportation of cannabis plants and their products are prohibited, except for possession by a person with a licence to cultivate or research cannabis plants. Recent Regulatory Change In recent years, pharmaceutical products made from cannabis are gradually being approved and marketed in the United States and Europe. The proposed thresholds are those at which the health effects of THC are not likely to occur. Hemp Regulation Under the newly renamed Cannabis Plant Cultivation Regulation Act, in order to cultivate cannabis plants, it is necessary to obtain a Class I or a Class II cannabis plant cultivator licence, depending on the purpose of cultivation. International Trading of Cannabis Products Under the Amending Law, licensed narcotic importers can import pharmaceutical products derived from cannabis if they have separate permission to import those pharmaceutical products. Future Outlook of Cannabis and Cannabinoid Regulation in Japan The Amending Law passed in December will significantly reform the current regulatory environment of cannabis and cannabinoid. Trends and Developments Authors. Select Topic s. Please select at least one chapter and one topic to use the compare functionality. Chambers and Partners make no representation or endorsement of the quality and services supplied by companies or firms that may be found on this website. In no event will Chambers and Partners be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tort action, arising out of or in connection with the use of the website.
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As one of the earliest cultivated plants in Japan, cannabis hemp was an important source of plant fiber used to produce clothing, cordage, and items for Shinto rituals, among numerous other uses. Hemp remained ubiquitous for its fabric and as a foodstuff for much of Japanese history, before cotton emerged as the country's primary fiber crop amid industrialization during the Meiji period. Following the conclusion of the Second World War and subsequent occupation of Japan , a prohibition on cannabis possession and production was enacted with the passing of the Cannabis Control Law. As of \[update\] , the possession of cannabis for recreational and medicinal use is illegal in Japan, though a law legalizing medical cannabis was passed by the House of Councillors in late The cultivation of commercial cannabis hemp is permitted under a strictly regulated licensing system. While other East Asian and industrialized nations have generally moved to relax laws that criminalize cannabis in recent decades, Japan has maintained and strengthened laws that prohibit the use, possession, and cultivation of cannabis. The proportion of the Japanese population that has used cannabis at least once was 1. Hemp production continued into the Yayoi period , with Chinese historian Chen Shou noting in his Records of the Three Kingdoms that the Japanese cultivated hemp along with rice and mulberry ; Shou's claims are supported by the recovery of hemp cloth from the Yayoi cemetery at the Yoshinogari site in Kyushu. It is unclear how extensively cannabis was used for its psychoactive properties during this period. Cannabis use and production continued as Japan unified under a centralized government. As in the prehistoric and ancient periods, it is unclear how extensively cannabis was used for its psychoactive properties during this time. Historians have speculated that the wide availability of cannabis may have made it the intoxicant of choice for commoners, contrasting the monopolization of sake extracted from rice by the upper classes. As a result of higher agricultural yields prompted by industrialization during the Meiji period , cotton came to gradually replace hemp as Japan's primary fiber crop. Though cotton clothing became readily available among the urban working class, hemp clothing remained common among the rural peasantry, who would often combine hemp fabric and cotton rags to create patchwork garments. By the end of the twentieth century, cotton clothing had become ubiquitous in Japan across economic classes, while only the upper classes continued to wear traditional fine hemp clothing — a reversal from hemp's previous role as the fabric of commoners. By the early 20th century, cannabis-based cures for insomnia and muscle pain could be purchased in Japanese drug stores. In the months prior to the cultivation ban, Emperor Hirohito offered assurances that farms cultivating hemp for industrial use would be permitted to continue operating in defiance of the Cannabis Control Law. The Cannabis Control Law is Japan's national law banning the import, export, cultivation, sale, purchase, and research of cannabis buds and leaves. Industrial hemp is legal under Japanese law, though its cultivation is strictly regulated see Modern use below. Consumption of cannabis is legal, a legacy of an original provision of the Cannabis Control Law that did not punish consumption in order to shield hemp farmers who may unintentionally inhale the crop's psychoactive substances. Penalties for violations of Japan's cannabis laws are among the strictest in the world. A report by the Ministry of Justice found that there were 2, violations to the Cannabis Control Law in , an increase from 2, in The same report found that a total of kg lb of marijuana was confiscated in , compared with kg lb in and 1, kg lb in , a trend cited as possible evidence that casual marijuana use was on the rise among the broader population. In , 5, people in Japan were convicted for cannabis-related crimes, compared to 8, convictions for crimes related to amphetamines, for synthetic drugs, and for cocaine. Of these 5, cannabis cases, 4, were for possession, were for delivery, and were for cultivation. The majority of offenders reported that they began to use cannabis when they were 20 or younger and that they began using cannabis 'after being invited to do so, citing curiosity as a reason for accepting such an invitation'. There have been several high-profile arrests and scandals relating to the possession or use of cannabis by public figures. In , English musician Paul McCartney was detained in a Japanese prison for nine days after cannabis was found in his luggage at Tokyo's Narita International Airport. Hemp fibers and nongerminated hemp seeds are used in a variety of Japanese commercial products and religious items, such as shichimi spices, traditional shimenawa straw festoons, and noren curtain room dividers. Marijuana is the second most commonly-used illicit drug in Japan behind methamphetamine. Recreational cannabis usage in Japan has steadily increased since the s, particularly among young people see Penalties and violations above. While clandestine marijuana grow operations do operate in Japan, they are generally small in scale, and most cannabis in the country is imported. CBD is legal in Japan and been sold in the country since , \[ 21 \] with CBD-infused products such as oils, cosmetics, and foodstuffs being readily available at both specialty shops and major retailers. The proposal has been strongly criticized by Japan's CBD industry, which has argued that the cap would constitute an effective ban on CBD. The Japan Times reported in that 'political momentum for legalizing cannabis' in Japan 'is essentially nonexistent'. In , the Ministry of Health convened a panel of experts to make recommendations on potential revisions to the Cannabis Control Law. If adopted, the provisions relating to medical cannabis will come into effect one year from promulgation, while the provisions relating to licensing will come into effect two years from promulgation. Contents move to sidebar hide. Article Talk. Read Edit View history. Tools Tools. Download as PDF Printable version. In other projects. Cannabis in Japan Location of Japan dark green. History \[ edit \]. Prehistoric and ancient Japan \[ edit \]. Classical and feudal Japan \[ edit \]. Early modern and post-war Japan \[ edit \]. Legal status \[ edit \]. Legislation and policy \[ edit \]. Main article: Cannabis Control Law. Penalties and violations \[ edit \]. Modern use \[ edit \]. As hemp \[ edit \]. As a drug \[ edit \]. Reform \[ edit \]. See also \[ edit \]. Notes \[ edit \]. References \[ edit \]. Retrieved 7 December The Japan Times. Archived from the original on 9 April Retrieved 30 November Archived from the original on 27 January United Nations Office on Drugs and Crime. Retrieved 29 November Retrieved 27 July Archived from the original on 22 January The New York Times. Archived from the original on 27 October Retrieved 8 January Retrieved 30 December Government of Japan. Archived from the original on 8 April Retrieved 1 December Rolling Stone. Retrieved 29 December Nikkan Sports in Japanese. Retrieved 28 December Archived from the original on 4 January Retrieved 4 January Archived from the original on 6 November The Japan times. Archived from the original on 22 October The Diplomat. The Straits Times. The Nikkei in Japanese. Retrieved 21 April Archived from the original on 23 November Retrieved 23 November Retrieved 2 December Japan Today. Foreign Agricultural Service. United States Department of Agriculture. Retrieved 6 July The Mainichi. Retrieved 28 November Brownfield, William R. Clarke, Robert; Merlin, Mark Cannabis: Evolution and Ethnobotany. University of California Press. ISBN Miles, J. Mitchell, Jon The Asia-Pacific Journal. Lexington Books. Cannabis in Japan. Cannabis Control Law. Saya Takagi Junichi Takayasu. Cannabis by country. Legal history Legality by jurisdiction. Legal history Timeline Medical Non-medical Legality by jurisdiction. Legality of cannabis Annual cannabis use by country Adult lifetime cannabis use by country Cannabis political parties Timeline of cannabis law. Category : Cannabis in Japan. Hidden categories: CS1 Japanese-language sources ja Articles with short description Short description is different from Wikidata Good articles Use dmy dates from December Articles containing potentially dated statements from All articles containing potentially dated statements Articles containing Japanese-language text. Location of Japan dark green.
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