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The Great Ganja Debate

10 Feb 2021

  • Should SL legalise exports of Marijuana? 

  In recent times, a proposal to cultivate and export cannabis appears to be gaining traction among certain government and business circles. This has led to increasing pressure from farmers in cannabis cultivation areas to legalise the crop. The President recently responded by stating that a firm policy decision was yet to be taken. It’s a multi-faceted issue that deserves public discussion. It’s not just about growing and exporting marijuana. What is the situation of this controversial plant in the rest of the world? Medicinal use? Recreational use? Is it addictive? What is its impact on users and society? The fact that cannabis causes some physical and psychological effects is not disputed. However, what is unclear is how harmful cannabis usage is, and opinions have varied down through the ages. What is also undisputable is that people are vulnerable to drugs and that proper care must be taken in legalising any narcotic substance. The theory of unbalanced cognitive and physical growth is a well-known explanation for the use of marijuana among people. The delayed cognitive development of young people limits their ability to process social, emotional, and motivational experiences against threats such as marijuana in a cognitive manner. A great deal of legal, social, and public health is needed to recognise the effects of drug policies on marijuana use in this population.   Narcotics in Sri Lanka   Let’s face the facts. Cannabis is the least of our country’s drug problems. Sri Lanka is a global hub for the narcotics trade. Heroin, cocaine, methamphetamines, and ice are imported by the container and transshipped to Europe. All these are also available quite freely in any neighbourhood in the country, from Colombo 7 to Mullaitivu – just ask any three-wheeler driver. Our domestic brew kasippu can be sourced just as easily. Local law enforcement authorities turn a blind eye and a couple of dozen sleuths of the Anti-Narcotics Bureau are currently facing drug peddling charges. Quite frankly, the Police appear to believe that far more harm is done by drunk drivers. So what is the position of cannabis? Sri Lanka is in fact a small-time exporter of cannabis, and has been for decades, with crops grown mainly in the Monaragala area being transported to Colombo and smuggled out in shipping containers to Europe.   Key issues   Should cannabis be legally grown in Sri Lanka and exported? If cannabis is to be legally grown and exported, should its use be legal within Sri Lanka? If it is legalised, can it be restricted to medical use in an effective manner? Who will regulate the growing, sales, and exports of cannabis? If growing is legalised, should there be a level playing field that would allow rural farmers to benefit by growing, or will it be restricted to a mafia of politically connected growers? What is the opinion of the medical community? Legalisation of medical marijuana, especially for export, would permit sufficient taxation and a creative enterprise market, with the Government of Sri Lanka desperately needing new revenue streams.   A government initiative to export cannabis   Interestingly, the idea to make cannabis a legal export crop actually came from government circles, and there hasn’t been much opposition to it from any political party. With Sri Lanka’s economy facing disaster due to the prolonged Covid pandemic, it stands to reason that the idea of legalising and exporting cannabis is very attractive, given the high prices paid in western countries.   Cultivation, export, domestic usage   One major hurdle is that if growing cannabis is to be legalised, then domestic usage would also need to be made legal. After all, it would be extremely strange to grow and export anything you wouldn’t allow to be used in your own country. For example, we would not want to use a Covid vaccine from Germany, if Germany itself wasn’t using it.  As such, cannabis would need to be regulated properly by health authorities and by industrial authorities dealing with exports. This brings us back to the question of whether cannabis usage should be legalised in Sri Lanka, and it is very pertinent to examine the current situation in other countries.   Global context   The steep rise in cannabis usage worldwide over the last five years is shown in Fig. 1. The medical use of cannabis is legal in 42 of the world’s 193 countries. Recreational use of cannabis is legal in four countries – Canada, South Africa, Georgia, and Uruguay. It is also legal in 15 of the 50 states of the US, and one of the seven states of Australia. However, the piecemeal legalisation of medicinal marijuana has spread internationally, including in nations like Israel, Australia, and Germany. Many countries turn a blind eye towards enforcing cannabis laws. The global legal marijuana market – including leisure use – is growing rapidly. It was estimated to be $ 13.8 billion last year, and is projected to reach $ 66.3 billion by the end of 2025, according to a report from California-based market research firm Grand View Research. By 2024, Asia's medical cannabis industry would be worth more than $ 5.8 billion, according to Prohibition Partners. In Asia, Seoul and Bangkok are leading the way toward normalisation and legalisation of medical marijuana under government licenses.  Thailand is the only Asian country that has fully legalised medicinal cannabis.  Amendments to Asian cannabis legislation include;
  •         18 February 2019: The medical legalisation bill of Thailand 
  •         12 March 2019: The Medicinal Legalisation Act of South Korea 
  •         24 March 2019: Cannabis compound trials authorised in Japan
In Australia, medical marijuana was given the green light in February 2016. The Australian Stock Exchange (ASX) has seen cannabis-related stocks thriving. With several cannabis companies listed in the ASX and with international cannabis players, Australia has a favourable business climate for cannabis.   Israel   Israel has one of the most advanced marijuana medical services in the world. More than 20,000 cannabis patients are permitted to use cannabis for treatment, e.g. glaucoma, Crohn's disease, Tourette’s syndrome, and asthma.   India   In the Hindu and Islamic traditions and in many other minority faiths, cannabis was similarly bound by faith and mysticism, connected to people's ingrained desire to experience ecstasy.    Ancient medicine   Cannabis has been used as an ancient medicine for thousands of years in Asia, particularly India and China. Charred seeds from inside funeral mounds from 3000 BC have been found in Siberia.     Medical usage   Increased use of medical cannabis has resulted in cannabis being legalised in different countries around the world. Legalising cannabis for medicinal use would offer new ways of expanding laboratories, which will lead to a significant growth of the cannabis research industry. In addition, rising attention to meet the growing needs of cannabis growers will lead to an increased number of laboratory tests for cannabis, contributing to market growth in future cannabis research. Even in 1250 BC from the Shang Dynasty (ca. 1600-1046 BC), the oldest known written records of China's history date; in ancient China, cannabis was known as ma and was popular in daily life. Apart from the war, hemp was a banal raw material for the production of textiles at the service of the Emperor. Traditional Chinese silk couldn't be worn by people, so they used hemp-based clothes, until around 1200 AD, when the country was overcome by the Mongols, who added cotton. Cannabis was reported as “anti-phlegmatic, pungent, astringent, and digestive” in Bhavaprakash (1600 AD). Given these marked narcotic characteristics, it was probably also used by ancient Indian and Chinese surgeons as an anaesthetic, sometimes in combination with alcohol. The 18th Century Persian medical text Mukhzan al-Adwiya written by Husain Khan, was influential in the Unani Tibbi, or the Arabic traditional medicine of the subcontinent. It describes cannabis as a poisoning substance, stimulant, and sedative in its various preparations. In the 19th Century, the medical use of so-called Indian hemp was restored to the West. In 1813, ganja was used as a noxious agent, but also to treat diarrhoea and in a local hemorrhoid application.   Cannabis market   France and Spain, with 11% of their populations using cannabis, had the highest common prevalence of use of cannabis among adults in Europe as of 2019. Followed by Italy, which consumed 10.2% of the population of cannabis, only 0.9% of Malta's citizens had it in this period.   Sri Lanka   The most widely used narcotics in Sri Lanka are heroin and cannabis. The Sri Lankan drug scene is now absolutely unaffected by the laws and policies established for the monitoring and regulation of drug users, although a majority of convicts and remandees are on drug-related charges. The rehabilitation of drug dependents in the country has become an urgent necessity to protect people, and to create a viable, drug-free society.  Some medicinal use of cannabis is permitted, with the Ayurveda Act of 1961 (amended in 1962 and 1977) by which licensed practitioners may obtain cannabis for preparation and sale of ayurvedic cannabis products. Ayurvedic professionals have traditionally purchased cannabis from manufacturers approved by the Commissioner of the Ayurveda Department. In 2018, the Government of Sri Lanka announced that it would cultivate 100 acres of cannabis in the Anuradhapura and Polonnaruwa Districts for Ayurvedic medicinal use. Cannabis was a traditional plant grown in Sri Lanka. But under British rule it was forbidden, as the Government of the day wished to promote tobacco. In fact, the case for the ban on tobacco is far stronger than for the ban on marijuana, because tobacco has no advantages whatsoever and a wide range of harmful effects. Currently, the punishment for possession of cannabis is a maximum of seven years imprisonment and a fine of Rs. 25,000.   Legal aspect   Notably, certain Asian countries impose capital punishment for the cannabis trade. China, Singapore, Malaysia, Indonesia, and Saudi Arabia are among a handful of countries that still impose an effective death penalty for large-scale cannabis trafficking. While the countries of South East Asia will probably begin the process of legalisation of medical marijuana soon, it is still seen as taboo. Furthermore, the reluctance of South East Asian governments to legalise the leisure aspect is unquestionably confusing public opinion.   © Dias and Eliatamby   (The writers are Managing Partners of Cogitaro.com, a consultancy that finds practical solutions for challenges facing society, the environment, and all types of industries. Dr. Dias is a digital architect and educationist based in Kuala Lumpur, Malaysia [ruwan@cogitaro.com]. Eliatamby is an author, marketer, and educationist based in Colombo, Sri Lanka [niresh@cogitaro.com])  

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