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As Canada legalizes recreational marijuana, Japanese citizens warned the law from home may apply

Oct 23, 2018 | News On Japan

Oct 23, 2018 (Japan Times) - Canada’s legalization of the recreational use of marijuana, which went into effect last week, has prompted the Japanese government to issue warnings that Japan’s law on cannabis use may apply to its nationals even when they are abroad.

In an Oct. 4 message posted on its website, the Japanese Consulate in Vancouver said that while Canada was set to legalize the possession and use of marijuana on Oct. 17, acts such as possessing or purchasing the drug are illegal in Japan and are subject to legal penalties. It said the Cannabis Control Law may be applicable for actions taken overseas.

The consulate asked that Japanese nationals living or traveling abroad respect Japanese law and stay away from marijuana, including food and drink products that contain the substance. An Oct. 11 Japanese language notice issued by the consulate general in Toronto made a similar request.

Japan’s law makes growing, importing or exporting marijuana punishable by up to seven years in prison. The punishment can reach up to 10 years — and possibly a maximum ¥3 million fine — for those proven to have engaged in those acts with the intent to profit. Possession, distribution or receipt of marijuana can mean up to five years prison, while those with a profit motive can get a maximum seven-year jail term and up to a ¥2 million fine.

An official of the Health, Labor and Welfare Ministry suggested that all individuals, not just Japanese nationals, are technically subject to this law, wherever they are. But there are limits to what authorities can do to pursue someone who violates the law when abroad, especially in a country where the acts are legal. “It boils down to whether it can be proven that someone had committed acts in question while abroad after that person returns to Japan,” the official said. “It’s probably difficult to go after a case unless it involves a situation in which the person has been caught abroad and deported to Japan.”

Any individual bringing marijuana from overseas to Japan would certainly be subject to the domestic law, and Canada also warns against such action.

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