Newest Narcotics Classification under the Minister of Health Regulation

PERTANYAAN

I heard that there is a new update regarding the classification of narcotics, in which regulation is it stipulated? What is the difference from the previous one? Please explain, thank you.

INTISARI JAWABAN

Provisions regarding changes in the classification of narcotics are regulated in the Minister of Health Regulation.

Currently, the applicable regulation is Minister of Health Regulation 36/2022. Compared to the previous regulation, in this latest regulation, there are 8 additions to the list of class I narcotics.

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Penggolongan Narkotika Terbaru dalam Permenkes, written by Bernadetha Aurelia Oktavira, S.H., and published on Thursday, 15 June 2023.

This article is the second update of the article entitled Regulation on the Classification of Narcotics in Indonesia written by Abi Jam’an Kurnia, S.H. and was first published on Friday, 26 July 2019, and was first updated on Friday, 1 July 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Before answering your question about the classification of narcotics, let's look at the definition of narcotics first.

Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semisynthetic, which can cause a decrease or change in consciousness, loss of taste, reduction to eliminate pain, and can cause addiction, which are divided into groups as attached in law and legislation.[1]

Classification of Narcotics in Indonesia

In the Narcotics Law, narcotics are classified into three groups as follows. According to Article 6 section (1) Narcotics Law, narcotics are classified into:

1. class I narcotics are narcotics that can only be used for the purpose of scientific development and are not used in therapy, and have a very high potential to cause addiction;[2]
2. class II narcotics are narcotics with medicinal properties used as a last resort and can be used in therapy and/or for the purpose of scientific development and have a high potential to cause addiction;[3] and
3. class III narcotics are narcotics with medicinal properties and are widely used in therapy and/or for the purpose of developing science and have a mild potential to cause addiction.[4]

The classification of narcotics into three classes as described, was first listed in Appendix I Narcotics Law.[5] Then, to answer your question, provisions regarding changes in the classification of narcotics are regulated by a regulation of the minister who organizes government affairs in the health sector, namely the Minister of Health.[6]

What is meant by "changes in the classification of narcotics" are adjustments to the classification of narcotics based on international agreements and considerations of national interests.[7]

For this reason, the current changes regarding the classification of narcotics can be seen in the Minister of Health Regulation 36/2022. Furthermore, in the previous regulation, Minister of Heath Regulation 9/2022, it was explained that were 201 narcotics included in the class I category. However, in this latest regulation, the number of narcotics included in the class I category is 209.

The eight class I narcotics are added as follows:[8]

1. ADB-FUBIATA.
2. MDMB-INACA.
3. MDMB-BUTINACA.
4. MDA-19 another name BZO-HEXOXIZID.
5. Pentyl-MDA-19 other names BZO-POXIZID, 5C-MDA-19.
6. 4en-Pentyl MDA-19 another name BZO-4en-POXIZID.
7. BRORPHINA.
8. METONITAZENA

Examples of Types of Narcotics

If you look at the Appendix of Minister of Health Regulation 36/2022, here are examples of types of narcotics based on their categories, including:

1. Class I narcotics: raw opium, coca plants, coca leaves, raw cocaine, heroin, methamphetamine, and cannabis plants;
2. Class II narcotics: ecgonine, morphine methyl bromide, and morphine;
3. Class III narcotics: ethyl morphine, codeine, pholcodine, and propiram.

Narcotics Use in Law

It is important to know that narcotics can only be used for the purposes of health services and/or the development of science and technology.[9] In relation to this, what is meant by "health services" includes medical rehabilitation services.[10]

Meanwhile, what is meant by the use of narcotics for the "development of science and technology" is the use of narcotics primarily for the purposes of treatment and rehabilitation, including for the purposes of education, training, research and development, and skills carried out by government agencies whose duties and functions are to supervise, investigate, and eradicate illicit drug trafficking.[11]

The use of narcotics for the purposes of education, training, and skills includes the purpose of training of narcotics sniffer dogs (detection dogs) from the Indonesian National Police, Customs and Excise, and the Indonesian National Narcotics Agency and other agencies.[12]

However, it is important to note that there are exceptions. Class I narcotics are prohibited from being used for health care purposes. In limited quantities, class I narcotics can be used for the development of science and technology and for diagnostic reagents, as well as laboratory reagents after obtaining Ministerial approval on the recommendation of the Head of the National Agency of Drug and Food Control.[13]

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These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 35 of 2009 on Narcotics;
2. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been passed into law under Law Number 6 of 2023;
3. Regulation of the Minister of Health Number 36 of 2022 on Changes in the Classification of Narcotics.

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[1] Article 1 number 1 Law Number 35 of 2009 on Narcotics (“Narcotics Law”).

[2] Elucidation to Article 6 section (1) letter a Narcotics Law.

[3] Elucidation to Article 6 section (1) letter b Narcotics Law.

[4] Elucidation to Article 6 section (1) letter c Narcotics Law.

[5] Article 6 section (2) Narcotics Law.

[6] Article 6 section (3) jo.  Article 1 number 22 Narcotics Law.

[7] Elucidation to Article 6 section (3) Narcotics Law.

[8] Appendix of Regulation of the Minister of Health Number 36 of 2022 on Changes in the Classification of Narcotics – List of Class I Narcotics number 201 to 208.

[9] Article 7 Narcotics Law.

[10] Elucidation to Article 7 Narcotics Law.

[11] Elucidation to Article 7 Narcotics Law.

[12] Elucidation to Article 7 Narcotics Law.

[13] Article 8 Narcotics Law.