Drug policy of South Korea

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Under Korean law, Koreans are prohibited from using drugs, even when if they are in a country where the use of drugs is legal. South Koreans are forbidden to smoke marijuana, even if they are in countries where cannabis use is legalised or tolerated. When they return to South Korea, smoking a joint abroad can be punished with a prison sentence of up to five years. Cultivating, transporting or possessing cannabis is also illegal under South Korean criminal law, wherever you are. The Korean government regularly reminds its citizens of this prohibition. For example, the South Korean Embassy in Canada wrote (after cannabis use was legalized there in October 2019) that "it is illegal for South Koreans to use cannabis, even if they are in a region where cannabis is legal". The Korean police also recently announced in an appeal that South Koreans can be punished at home if they smoke cannabis in a country where it is legal.

Drug policy in South Korea[]

In the South Korean context, a re-evaluation for listed drugs is a practical policy instrument that can make a major contribution to the rationalization of drug spending. In addition, the impact would be significant as it would affect the list and prices of new drugs, as the listed drugs could become the comparators for new drugs in the economic evaluation. Furthermore, in South Korea, "People don't know the effects of cannabis, because they have never experienced it." There is an enormous stigma surrounding drugs. This has to do with the cultural context of South Korea. The country is enormously influenced by the consequences of the opium war between Great Britain and China. Since then, there has been a huge taboo on all kinds of drugs in Korea.^[1]

Drug test policy[]

Since December 2007, drug tests are mandatory for foreign teachers to be granted the extension of visas. In 2009, American teacher Andrea Vandom complaint about the policy and raised the issue at the Constitutional Court, which was dismissed. In 2013, Vandom petitioned the UN Human Rights Committee.  United Nations and Korea’s National Human Rights Commission pointed out the policy as discriminatory.^[2]

In 2021, a drug test policy for Korean teachers was introduced.^[3]

New Anti-rebate legislation[]

Seven years ago, in 2013, the government of South Korea had announced to reform in the drug anti-rebate law. In this way, pharmaceutical marketing could not rebate their practices. The main purpose of this law is to have the ability to bring criminal charges against doctors and pharmacists, who are receiving illegal drugs.^[4]

Previously, the provision of illegal income by pharmaceutical companies led only to judicial penalties, leaving doctors and pharmacists unpunished as recipients. Hereby, with the new law, it reforms criminal punishment for illegal rebates is extended to those receiving illegal kickbacks.^[5]

Example of male and female protesting against the new laws

Gender differences[]

According to the ESPAD report (Hibell et al. 2009) the male to female ratio is quite small for cannabis use and tie for any other illicit drug use worldwide. Nevertheless, significantly higher proportions of males than females report illicit drug use in developing countries such as South Africa. The study from (Perkonigg et al. 1998) found that in various countries, like South Korea, approximately twice as many adult men as women reported illicit drug use.^[6]

Drug abuse[]

Number of drug addicts over the past five years.[]

Starting from 2013, the numbers of drug abuse has become increasingly high. Not only people who are using drugs, but also drug addicts. In 2013 the article from KoreaBioMed, has shown that drug addicts reaching 15.000 a year and 77.000 people received treatment over the last five years. Hereby, the number of patients with drug addiction problem has risen with the need for a new measure to controle the problem.^[7]

However, there are still drug crimes in South Korea. The majority of drug-related crimes are mostly in Gangnam and Yongsan districts. Drugs are usually distributed through clubs, in Gangnam, foreign students and club operators tend to be involved in drug trafficking, which is an easy way to make money. The most common drug that is used and sold is 'Crystal Meth', this is accountable for most drug-related arrests. Moreover, other drugs known are ecstasy (xtc) and cannabis. These continue to grow in popularity among students. However, methamphetamine remains the drug of choice for Koreans.^[8]

Koreans abroad using drugs in a country where it is legal[]

According to the Korean law it is strictly forbidden for Korean citizens who live abroad to use drugs, even though some drugs are legal in the country where they'd live. For example, the Netherlands has decriminalized cannabis and certain other ‘soft’ drugs, but others, such as MDMA and crystal meth remain strictly forbidden. However, South Korean law forbids Korean citizens living abroad from using drugs.^[9] With this law, Koreans are prohibited from smoking cannabis, even if they are in a country where cannabis use has been legalized or tolerated. Upon returning to South Korea, people who violate this law can be sentenced to up to five years in prison. The production, transport or possession of cannabis overseas is also illegal under South Korean law.^[10]

Legal medical marijuana in South Korea[]

Since 2020, South Korea is the first country in Asia to make medical applications of marijuana legal. Korea has always been against the use of drugs but however, with this step toward legalizing marijuana for medical use, it might be possible that marijuana will be totally legal at some point in Korea. To do this, CBD (hemp oil or cannabidiol) has to be legalized to proceed the legalization of marijuana. Furthermore, the use of hemp oil or cannabidiol is now legal for medical use. In addition, CBD has no side effects. Test results came forward, and it has shown that there are many benefits to the human body. The drug got tested for neurological and brain diseases. The laws in Korea will stay strict even though CBD is allowed.^[11]

See also[]

• Drug liberalization
• Legality of cannabis
• Arguments for and against drug prohibition
• Drug policy
• War on drugs

References[]