Japan Law-Policy Update

JAPAN LAW & POLICY UPDATE 2012 October 1, 2012

In collaboration with AHRN Federation Partners, supported by Open Society Foundation

ASIAN HARM REDUCTION NETWORK Japan Law and Policy Update By ASIAN HARM REDUCTION NETWORK & Partners

Current situation methamphetamine, are the greatest source of drug use and addiction in the society In comparison with other countries in today. Somewhere between 100,000 and Asia, Japan’s drug problem appears both 2.3 million Japanese use significantly smaller and very different in methamphetamines, a broad range ( www.mofa.go.jp/policy/narcotics/ profile. Historically an isolated island indicating the lack of information on drug nation which never experienced use in Japan due to its strict zero- colonization, it recognized the devastation tolerance approach.1 ) wrought on China by opium and implemented harsh anti-opioid laws very Japan’s approach to drug trafficking and early. Japan has never experienced a consumption has, from its very outset, significant opioid addiction problem. applied a stringent criminalization and punishment approach to even the smallest Harada and Shinkai p. 391, GSHR 2012 Affairs Ministry of Foreign Article 25 Constitution of Japan - p. 431 Recent trends of drug abuse in Japan (Yamamoto) New initiatives for drug abuse treatment in Japanese prisons (Harada Instead, stimulants, most notably and Sinkai) p. 392 1 2 measure0105.html 3 4 5

infractions. Viewed through a rights-based a glut of the product on the market, framework, many of the policies adopted resulted in the country’s first serious by the Japanese government appear challenge with drug abuse and addiction Japan unjustifiably harsh, with no regard for the and led to the introduction of the

AHRN rights of the drug user. Stimulants Control Law in 1951. The law has been amended a number of times Law & Policy Update International treaties since, often to increase penalties during Japan has signed and ratified all three UN periods of increased drug use. conventions relating to narcotics and psychotropic substances: The Single The Stimulants Control Law prescribes Convention on Narcotic Drugs (1961), the harsh punishments for anyone found either Convention on Psychotropic Substances possessing or consuming banned (1971), and the UN Convention Against stimulants. Both possession and use can Illicit Traffic in Narcotic Drugs and result in prison sentences of up to ten Psychotropic Substances (1988).2 years.7 Doctors who dispense banned stimulants to addicted patients under their care for treatment or alleviation face Constitution of Japan 8 The right to health is enshrined in Article similar punishment. While few first-time 25 of the Constitution of Japan, which offenders receive such long sentences, the states that “All people shall have the right length of sentences for use has been to maintain the minimum standards of increasing, with a first-time sentence for 9 wholesome and cultured living. 2) In all consumption averaging roughly two years. spheres of life, the State shall use its endeavors for the promotion and extension Narcotics and Psychotropics of social welfare and security, and of Control Law public health.”3 The Narcotics and Psychotropics Control Law regulates the handling of narcotic Stimulants Control Law drugs and psychotropic substances, Due to the overwhelming use of including opioids, cannabis, and cocaine. stimulants vis-à-vis other narcotics, the The law mandates the reporting of drug Stimulants Control Law regulates the vast abuse. Individuals, including doctors, are majority of drug crimes committed in obligated by law to report people who use Japan. Nearly 90% of drug offenses fall drugs, whose information must be under its regulations.4 One out of eight submitted to the prefectural government arrests is due to a violation of the law.5 and the Ministry of Health, Labour, and During World War II, large amounts of Welfare.10 methamphetamine, known as Philopon, were produced and distributed to soldiers Drug users are further subject to and workers to increase productivity and compulsory hospitalization if considered “inspire the fighting spirits.”6 The social at risk of abuse.11 Drug treatment and de- Narcotics and Psychotropics Control Law, Article 58 Narcotics and Psychotropics Control Law, Article 58-6, Drug abuse and anti-drug policy in Japan p. 514 Narcotics and Psychotropics Control Law, Narc otics and Psychotropics Control Law, Article 58-8 Narc otics and Psychotropics Control Law,

Drug abuse and anti-drug policy in Japan (British Journal of Criminology 1995) p. 497 Article 41-1 and 41-2. Stimulants Control Law Article 41-2 Harada and Shinkai p. 392 addiction in Japan is strictly abstinence

6 7 8 9 10 11 12 discord following the war, combined with

2 Copyright © 2012 AHRN. All rights reserved, including the right to reproduce this booklet or portions, thereof in any form. JAPAN LAW & POLICY UPDATE 2012 based, with a large emphasis on mental Recent developments health. Addiction and compulsory Laws against narcotics use remain strictly hospitalization are based on a mental enforced in Japan, with frequent reports of Japan health evaluation, while mandatory arrests for the possession of relatively hospitalization for drug addiction is AHRN small amounts. An American student further covered under the Mental Hygiene studying abroad in Japan was arrested in 12 Law & Policy Law. Update August 2011 and faced up to 10 years in prison for a box of marijuana-laced cookies sent through the mail by a friend. Cannabis Control Act 17 The Cannabis Control Act regulates the While he ultimately received a cultivation and possession of cannabis and suspended sentence, the media attention associated commodities, such as hemp. and long prison sentence he faced are Consumption of marijuana is proscribed. indicative of the sensationalization around Growing or handling cannabis requires a even minor drug charges in Japan. license from the prefectural governor. Use of marijuana or possession without Drug abuse treatment in necessary licenses is punishable by up to prisons five years in prison.13 Because reporting drug abusers for registration with the government is Opium Law mandatory in Japan, people who use drugs (PWUD) are largely driven underground. The Opium Law regulates cultivation and This, combined with the dearth of drug possession of opium and derivative treatment available, leads to many PWUD products. Any consumption of opioids is having no contact with the healthcare strictly forbidden.14 Use of opioids is system about substance abuse until they punishable with up to seven year’s have come into contact with the criminal imprisonment.15 justice system.18 In 2007, the Japanese prison law was Drug Abuse Prevention amended and expanded to include more Center attention on rehabilitation. Six areas of Established in 1987 by the Japanese programming deemed necessary for better Cabinet, the Drug Abuse Prevention reintegration were identified, including Center is a nonprofit organization drug abuse.19 A pilot program modeled responsible for anti-drug messaging and after the Matrix model in the United States educational initiatives throughout the was introduced in four prisons in 2008.20 country. The organization’s message is While the initiative is a great improvement strictly that of zero-tolerance, with over previous prison programs - which, if advertisements - often featuring prominent available at all, were neither systematic young Japanese entertainment or sports nor evidence-based- all available

Cannabis Control Law, Article 24-2, 24-3 Cannabis Control Law, Article 9 Opium Law, Article 52-2 Opium Law, http://www.dapc.or.jp/english/establish.htm http://blogs.westword.com/latestword/2012/02/marijuana_tim_wilson_japan_released_cheeba_chews.php Harada and Shinkai p. 395 ibid ibid 399 stars.16 treatments remain abstinence-only. 13 14 15 16 17 18 19 20

For any clariﬁcation or matters related to harm reduction in Asia contact the following

ASIAN HARM REDUCTION NETWORKS FEDERATION Secretariat

405/5 Tha Sala, Mahidol, Muang, ChiangMai, Thailand 50000

Mobile: +66 835776740

Telephone: +66 53 122332

E-mail: [email protected]

Our heartfelt gratitude to our partners, colleagues, friends and well wishers from Japan who have contributed their valuable time, and shared priceless thoughts and opinion while developing this document.

Our special thanks goes to Prof. Takayuki Harada, Mejiro University; Prof. Hiroshi Tsutomi, University of Shizuoka; Ms. Noriko Ishuzuka; Takeshi Kato and the staffs, PWUD friends from DARC, Kyoto.

HARM REDUCTION SAVES LIVES