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A Study on the Current Situation of Cannabis and Domestic and International Legislative Developments and Policy Directions

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(1), pp.207~243
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 17, 2026
  • Accepted : February 23, 2026
  • Published : February 28, 2026

김용래 1,  Kim, Jong Goo 2

1조선대
2조선대학교

Accredited

ABSTRACT

Cannabis is an herbaceous plant with a history older than that of the opium poppy. Across climate zones worldwide—including the Korean Peninsula—it has long been used as a source of fiber, food, and medicine. Since the twentieth century, however, it has been defined as the quintessential “drug” on the ground that it possesses hallucinogenic and addictive properties. In particular, after cannabis spread to the United States in the early twentieth century through Mexican immigrants, the use of smokable cannabis rose sharply, prompting many countries to adopt criminal regulatory measures. Korea likewise moved toward strict prohibition: following the enactment of the Cannabis Control Act in the 1970s, the cultivation and use of hemp—traditionally a fiber crop—were broadly banned. During that process, human-rights–infringing incidents also occurred, accompanied by coercive investigations and stigmatization, as illustrated by the 1972 “celebrity cannabis case” under the Yushin regime. Thus, cannabis—Cannabis sativa L., often called the emblematic drug that has accompanied human civilization—has remained a plant of intense controversy, viewed by some as a heaven-sent gift and by others as an embodiment of evil. Meanwhile, in recent years, legalization and decriminalization trends concerning medical and/or recreational cannabis have expanded, particularly in certain U.S. states, Canada, and parts of Europe. In Korea as well, cannabis-related crime patterns have diversified, as evidenced by increased inflows and seizures of processed cannabis products and seeds. Yet a comparison between international conventions and domestic law suggests a regulatory gap. Although the United Nations Commission on Narcotic Drugs (CND) in 2020 removed cannabis from Schedule IV, thereby officially acknowledging its medical value, Korea continues to maintain a regime that, under the principle of active personality jurisdiction, punishes even use in jurisdictions where cannabis is lawful—thus diverging from global developments. Against this backdrop, this Article reviews the debate over the benefits of medical cannabis and undertakes a comparative analysis of legalization policies in major jurisdictions such as the United States and Europe, alongside the UN drug-control conventions and Korea’s Narcotics Control Act framework. By approaching cannabis from multiple perspectives rather than through a uniformly negative lens, it seeks to draw criminal-policy implications for how Korea should regulate cannabis in a manner consistent with its domestic circumstances. In conclusion, this Article argues that Korea should move beyond the simple dichotomy of demonizing cannabis versus broadly relaxing regulation. It proposes the need for a refined regulatory model that preserves vigilance against drug abuse while harmonizing patients’ rights to treatment with the industrial value of cannabis-related products (e.g., CBD and industrial hemp). In particular, it emphasizes that regulation of medical cannabis and CBD should be designed not through ad hoc judicial expansion or contraction, but through clear legislative standards that secure both predictability and public health.

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