From Tania Scivetti
Governments have understood the benefit in allowing their farmers to grow cannabis for the emerging lucrative medicinal cannabis market, currently estimated to be worth US$19.89 billion and projected by 2026 to reach US$46.16 billion.
Numerous countries have implemented some form of cannabis legislation, while others are either rushing to catch up or have chosen to take a more conservative ‘wait and see’ approach.
It appears that Malaysia is not going to sit back and ignore the positive effect of medical cannabis on patients or its economic benefits for farmers, which will in turn have a positive impact on the Malaysian economy.
Malaysian politicians are now considering regulating medical cannabis for it to be part of its national health industry. A nine-member bipartisan Medical Cannabis Caucus was recently formed to look into regulating the use of medical cannabis and ketum in Malaysia.
Industrial hemp
There has been a lot of talk about medical cannabis but industrial hemp should not be overlooked. Industrial hemp does not contain the psychoactive ingredient in the cannabis plant, delta-9-tetrahydrocannabinol (THC).
Hemp can grow without the need for harmful pesticides and herbicides, and replenishes soil quality which in turn creates less environmental damage as no toxins are released into the soil. Also, it has low carbon emissions and is capable of capturing emissions from the atmosphere and converts pollutants into oxygen, which it then releases.
Apart from the environmental benefits of industrial hemp, it also has 50,000 product applications where it can replace cotton, paper, conventional building materials which are manufactured using non-renewable resources, and fossil fuels that use energy intensive processes.
Hempcrete can replace concrete and is a win-win for the environment as it acts as a carbon storehouse with a negative carbon footprint, making it an eco-friendly building material.
Hempcrete is energy efficient as it stores heat in the walls that is then slowly released to cool down a building. Hemp bast fibres can also be developed into graphene-like materials that can be used in energy storage, electronics and solar panels.
Hemp plastic, which is 100% biodegradable, can replace petrochemical plastics which generate high carbon dioxide (C02) emissions and toxic by-products. By using hemp materials that are sustainable, C02 stays locked in, preventing it from being released into the atmosphere and combating global warming.
Amendments to the law
Laws like the Dangerous Drugs Act 1952 and the Poisons Act 1952 need to be amended.
The health minister would also need to implement comprehensive regulations to not only address cannabis for medicinal use but also for industrial applications, as the industrial hemp global market is estimated to reach US$27.72 billion by 2028.
Amendments to the law ought to begin with revisions to the definition of cannabis and cannabis resin.
The term cannabis should be replaced with the term hemp and the definition should be similar to that found in the United States Agriculture Improvement Act 2018 to mean “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.1% on a dry weight basis”.
By amending the definition in this manner, it will be legal to consume hemp providing its THC content is not more than 0.1% on a dry weight basis. In doing so, hemp with all of its known medicinal properties will be available in Malaysia.
Another issue which needs to be addressed is the matter of self-administration or consumption of drugs as stated in the First Schedule of the Dangerous Drugs Act.
If convicted, one is liable for a RM5,000 fine or a maximum two-year jail term.
Since the caucus is considering the regulation of medical cannabis, Section 15 would need to be addressed. One way to do so would be to remove THC, a compound which is only found in the cannabis plant, from Part 3 of the First Schedule, which the health minister has the power to do.
By making such amendments and implementing regulations for both medical cannabis and industrial hemp, Malaysia will be able to participate and take advantage of the growing global cannabis industry.
It can develop its own robust cannabis industry to address the medical needs of its citizens, generate a new source for tax revenue as well as realise its sustainable development 2030 agenda.
Tania Scivetti is a member of the international cannabis bar association and has practised as a criminal defence lawyer for 14 years.
The views expressed are those of the writer and do not necessarily reflect those of FMT.