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Fibre, food, fuel,
Marijuana,
Medicine,
Religion,
Law
Marijuana prices in Japan
How many people use marijuana in Japan?
Hemp prohibition in Japan
CANNABIS CONTROL LAW
(Law No. 124 of July 10, 1948)
[ 1/
]
Amendments:
(1)
Law No. 18 of March 27, 1950
(2)
Law No. 152 of May 28, 1952
(3)
Law No. 15 of March 17, 1953
(4)
Law No. 71 of April 22, 1954
(5)
Law No. 108 of June 21, 1963
(6)
Law No. 111 of June 1, 1970
(7)
Law No. 38 of May 1, 1978
(8)
Law No. 58 of May 30, 1981
(9)
Law No. 47 of May 25, 1984
(10)
Law No. 33 of June 19, 1990
(11)
Law No. 93 of October 5, 1991
CONTENTS
Chapter I General Provisions (Article 1 - 4)
Chapter II License (Article 5 - 11)
Chapter III Cannabis Handler (Article 12 - 17)
Chapter IV Supervision (Article 18 - 21)
Chapter V Miscellaneous Provisions (Article 22 - 23)
Chapter VI Penal Provisions (Article 24 - 27)
Supplemental Provisions (Omitted)
The term "cannabis" in this Law means the cannabis plant (Cannabis Sativa, L.) and the substances manufactured from cannabis plant, excluding the mature stalk of the cannabis plant, any other substances produced therefrom (except resin), and the seed of the cannabis plant and other substances produced therefrom.
- The term "cannabis handler"
-
in this Law means cannabis cultivator and cannabis researcher.
-
The term "cannabis cultivator"
-
in this Law means a person who cultivates cannabis plants for the purpose of collecting fiber or seeds under the license granted by the Governor of the Prefecture.
- The term "cannabis researcher"
-
in this Law means a person who cultivates cannabis plants or use cannabis for scientific research under the license granted by the Governor of the Prefecture.
-
3.
No person other than a cannabis handler shall possess, cultivate, receive, or transfer cannabis, or use cannabis for scientific research.
-
2.
No person who may possess cannabis under the provision of this Law shall use it for any purpose other than that for which he is permitted to possess.
No one shall do the following acts.
-
(1)
To import or export cannabis. (This provision shall not apply to the case where a cannabis researcher imports or exports cannabis under the permission of the Minister of Health and Welfare.)
-
(2)
To administer or supply for administering the medicine manufactured from cannabis
-
(3)
To undergo the administering of the medicine manufactured from cannabis
-
(4)
To make advertisements on cannabis, unless they are in a newspaper or in a magazine carrying articles concerning to medical, pharmaceutical or scientific affairs for persons concerned with medical or pharmaceutical affairs (signifying medical and pharmaceutical professionals and researchers of natural science, and hereinafter referred to as such in this item) or in other publications which are primarily intended for persons concerned with medical or pharmaceutical affairs
Any person who intends to he a cannabis handler shall be licensed by the Governor of the Prefecture in accordance with the provisions of the Ministry of Health and Welfare Ordinance.
[ 2/
]
-
2.
A license shall not be granted to a person who comes under any of the following items.
-
(1)
A narcotic addict, cannabis addict or opium addict
-
(2)
A person who has been sentenced to a penalty heavier than imprisonment
-
(3)
A person adjudged incompetent or quasi-incompetent, or any minor
The Governor of the Prefecture shall keep a registration book of cannabis handler, in which matters concerning the license of cannabis handler shall be registered.
-
2.
The matters to be registered under the provision of the preceding paragraph shall be provided by the Ministry of Health and Welfare Ordinance.
When the Governor of the Prefecture grants the license to a cannabis handler, he shall register the said person in the registration book of cannabis handler and then issue a license card.
-
2.
The license card in the preceding paragraph shall not be transferred or lent to any other person.
The term of validity of the license for cannabis handler shall be from the date of issue to December 31 of the same year.
A person who intends to apply for the license for cannabis handler shall pay to the Government of the Prefecture the fee fixed by the Cabinet Ordinance taking into consideration the actual expenses.
In case where a cannabis handler wishes to apply for cancellation of the license, he shall apply for it to the Governor of the Prefecture in accordance with the provisions of the Ministry of Health and Welfare Ordinance.
-
2.
In case where a cannabis handler has been deceased or has been dissolved, a successor (administrator of the estate in case it is not known whether the successor exists. This shall apply hereinafter) or a liquidator shall give notice of it to the Government of the Prefecture in accordance with the provisions of the Ministry of Health and Welfare Ordinance.
-
3.
When the Governor of the Prefecture has received the application in Paragraph I or the notification in the preceding paragraph, he shall delete the registration of the said person from the registration book of cannabis handler.
-
4.
When the license of cannabis handler has been cancelled in accordance with the provisions of Article 18 or the license has become null and void, the license card shall be returned to the Governor of the Prefecture.
-
5.
When any alteration has occurred in the matters mentioned in the registration book of cannabis handler, the cannabis handler shall give notice of it to the Governor of the Prefecture within 15 days after the occurrence of such alteration.
-
6.
In case where the license card has been damaged or lost, a cannabis handler shall make an application for reissue of the license card with the reason therefor within 15 days, and besides, accompanied with the license card concerned in case of damage, to the Governor of the Prefecture.
-
7.
In case where the lost license card has been found after the renewed license card was issued, the cannabis handler shall return the found license card within 15 days to the Governor of the Prefecture.
A person who applies for alteration of the matters registered in the registration book of cannabis handler or for reissue of the license card of cannabis handler shall pay the fee fixed by the Cabinet Ordinance taking into consideration the actual expenses to the Government of the Prefecture.
Deleted.
No cannabis cultivator shall transfer cannabis to any person other than a cannabis handler.
A cannabis cultivator shall not take out cannabis outside of the cultivation area. Provided, however, that this provision shall not apply to the case where the taking out is made under the permission of the Governor of the Prefecture.
A cannabis cultivator shall report the following matters to the Governor of the Prefecture not later than January 30 every year.
-
(1)
The size of area where cannabis plants were cultivated during the preceding year
-
(2)
The quantity of cannabis fiber collected during the preceding year
No cannabis researcher shall transfer cannabis to any other person. Provided, however, that this provision shall not apply to the case where transfer to other cannabis researcher has been made under the permission of the Minister of Health and Welfare.
A cannabis researcher shall keep a book at his place of business and record the following matters therein.
-
(1)
The name and quantity of cannabis collected, received, and destroyed, and the date thereof.
-
(2)
The name and quantity of cannabis used or produced for scientific research, and the date thereof.
-
2.
A cannabis researcher shall preserve the book in preceding paragraph for 2 years from the date of the final entry.
A cannabis researcher shall report the following matters to the Governor of the Prefecture not later than January 30 every year.
-
(1)
The name and quantity of cannabis possessed at the beginning of the preceding year
-
(2)
The size of area where cannabis plants were cultivated during the preceding year
-
(3)
The name and quantity of cannabis collected, received during the preceding year
-
(4)
The name and quantity of cannabis used or produced for scientific research during the preceding year
-
(5)
The name and quantity of cannabis possessed at the end of the preceding year
The Governor of the Prefecture may, in case where a cannabis handler has committed a crime or malpractices in respect to his business, cancel the license of the cannabis handler.
Deleted.
The Minister of Health and Welfare may make a necessary disposition in respect to the cannabis which has been reverted to the national treasury in accordance with the provisions of laws and ordinances.
The Minister of Health and Welfare or Governor of the Prefecture may, in case where he deems there are necessities in exercising control over cannabis, collect necessary report from a cannabis handler or any other person concerned and may have the narcotics control officer, prefectural narcotics control official or other competent official enter cultivation field, storing-place, laboratory or any other places concerned with cannabis and examine the situation of business, books and documents and other things, or take away cannabis only in the minimum amount necessary for the identification.
-
2.
When the narcotics control officer, prefectural narcotics control official or other competent official enters the places or takes away cannabis in accordance with the provisions of the preceding paragraph, he shall carry his identity card showing his status and present it on demand of the person concerned.
-
3.
The power provided in Paragraph 1 shall not be interpreted as having been authorized for criminal investigation.
The Government of the Prefecture shall bear the expenses necessary for licensing and control of cannabis exercised by the Governor of the Prefecture in accordance with this Law.
Conditions may be attached to the license or permission provided in this Law, and they may be altered.
-
2.
The conditions of the preceding paragraph shall be limited to the minimum necessity for the purpose of preventing health and hygiene from harm caused by the abuse of cannabis and unfair duties shall not be imposed on those who obtain the license or permission.
Notwithstanding the provisions of the Law, the Minister of Health and Welfare may import, manufacture or receive cannabis to be used for criminal identification of cannabis.
-
2.
The Minister of Health and Welfare shall supply the cannabis imported, manufactured or received in accordance with the provision of the preceding paragraph to the national or prefectural organizations engaged in criminal identification of cannabis.
-
3.
Officials of the organization in the preceding paragraph may, in respect to the cannabis supplied from the Minister of Health and Welfare in accordance with the provision of the same paragraph, use or possess for the purpose of criminal identification of cannabis.
-
4.
The chief of the organization which has been supplied with the cannabis from the Minister of Health and Welfare in accordance with the provision of Paragraph 2 shall keep a book and enter therein the name and quantity of cannabis used for criminal identification of cannabis, the date of use, and other matters provided in the Ministry of Health and Welfare Ordinance.
-
5.
The Minister of Health and Welfare may, in case where he has received a request from the government of a foreign country to the effect that it intends to import cannabis to be used for criminal identification of cannabis, notwithstanding the provisions of this Law, export to the government of the country concerned the cannabis imported, manufactured or received in accordance with the provision of Paragraph 1, or the cannabis reverted to the national treasury in accordance with the provisions of laws and ordinances.
Except where stipulated by this Law, the matters necessary for enforcement of this Law shall be provided by the Ministry of Health and Welfare Ordinance.
Any person who unlawfully cultivates, imports to Japan or any other country, or exports from Japan or any other country cannabis shall be liable to penal servitude not exceeding 7 years.
-
2.
Any person who commits an offense prescribed in the preceding paragraph for the purpose of gain shall be liable to penal servitude not exceeding 10 years or to both penal servitude not exceeding 10 years and a fine not exceeding 3,000,000 yen according to the circumstances.
-
3.
An attempt to commit any of the offenses prescribed in the preceding two paragraphs shall be liable to punishment.
Any person who unlawfully possesses, receives, or transfers cannabis shall be liable to penal servitude not exceeding 5 years.
-
2.
Any person who commits an offense prescribed in the preceding paragraph for the purpose of gain shall be liable to penal servitude not exceeding 7 years or to both penal servitude not exceeding 7 years and a fine not exceeding 2,000,000 yen according to the circumstances.
-
3.
An attempt to commit any of the offenses prescribed in the preceding two paragraphs shall be liable to punishment.
Any person who comes under any of the following items shall be liable to penal servitude not exceeding 5 years.
-
(1)
A person who uses cannabis in contravention of the provision of Paragraph 1 or 2 of Article 3
-
(2)
A person who administers, supplies for administering or undergoes the administering of medicine manufactured from cannabis in contravention of the provision of Article 4
-
(3)
A person who violates the provision of Article 14
-
2.
Any person who commits an offense prescribed in the preceding paragraph for the purpose of gain shall be liable to penal servitude not exceeding 7 years or to both penal servitude not exceeding 7 years and a fine not exceeding 2,000,000 yen according to the circumstances.
-
3.
An attempt to commit any of the offenses prescribed in the preceding two paragraphs shall be liable to punishment.
Any person who commits a preparatory act in connection with any of the offenses prescribed in Paragraph 1 or 2 of Article 24 shall be liable to penal servitude not exceeding 3 years.
Cannabis possessed or owned by a criminal under the offenses prescribed in Articles 24 through the preceding article shall be liable to confiscation. However, in case it belongs to any other person than the criminal, it may not be confiscated.
-
2.
Any ship, aircraft or motor vehicle used for transportation of cannabis in the course of committing any of the offenses prescribed in the preceding paragraph (excluding the offenses prescribed in Article 24-3) shall be liable to confiscation.
Any person who, with knowledge of the circumstances, provides the funds, land, building, ship, aircraft, motor vehicle, equipment, machinery, tools or raw material (including the seeds of the cannabis) required for the act of committing any of the offenses prescribed in Paragraph 1 or 2 of Article 24 or transports, shall be liable to penal servitude not exceeding 3 years.
Any person who mediates to transfer and receive cannabis under the offenses prescribed in Article 24-2, shall be liable to penal servitude not exceeding 2 years.
The provision of Article 2 of the Penal Code shall apply to any of the offenses prescribed in Articles 24, 24-2, 24-4, 24-6, and the preceding article.
Any person who comes under any of the following items shall be liable to penal servitude not exceeding 1 year, or to a fine not exceeding 200,000 yen.
-
(1)
A person who makes advertisements on cannabis in contravention of the provision of Article 4
-
(2)
A person who violates the provisions of Paragraph 2 of Article 7
-
(3)
A person who fails to submit the report or submits a false report in contravention provisions of Article 15 or 17
-
2.
The preceding paragraph may be liable to both penalties in the preceding paragraph according to circumstances.
Any person who comes under any of the following items shall be liable to a fine not exceeding 100,000 yen.
-
(1)
A person who fails to give notice under the provisions of Paragraph 2 of Article 10
-
(2)
A person who violates the provisions of Paragraph 4 or 7 of Article 10
-
(3)
A person who fails to keep a book, or makes no entry or false entries in the book in contravention of the provision of Paragraph 1 of Article 16-2
-
(4)
A person who fails to preserve a book in contravention of the provision of Paragraph 2 of Article 16-2
-
(5)
A person who refuses, prevents or evades the entry examination or taking away under the provisions of Paragraph 1 of Article 21
When any representative of a juridical person, any agent, or other person engaging in the business of a juridical person or natural person commits any of the offenses, in connection with business activities of either the juridical person or natural person concerned, as prescribed in Paragraph 2 or 3 of Article 24, or Paragraph 2 or 3 of Article 24-2, or violates any of the provisions in Paragraph 2 or 3 of Article 24-3 or the preceding two articles, such actor shall be liable to punishment as well as the juridical person or natural person concerned punished with a fine under an applicable article.
See also:
Hemp as a "drug"
Marijuana prices in Japan
How many people use marijuana in Japan?
Hemp prohibition in Japan
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