MARIJUANA

1. Increase in marijuana-related crime

These years the number of marijuana crimes (it is called "Taima" in Japanese) has increased in Japan. The number of marijuana criminals across the country in 2021 increased to 5,783 for the eighth consecutive year, a record. In 2013 the number was 1,616. Especially, the number of suspects of young people under the age of 30 has increased. In 2013 the number was 712, but in 2021 it increased to 3,934. In addition, the number of underage suspects under the age of 20 has increased too much. In 2013 the number of marijuana crime suspects who are under 20 years old was 61, but in 2021 the number was 1,000. In other words, now it is a social problem that increases the drug crime of young people. The reason for starting to use drugs is mainly "To be invited" or "by interest".

On the other hand, the total drug crime number has not changed. In 2013 the number of drug crimes was 13,292 and in 2021 it was 14,408. The most common drug offenses are incidents related to methamphetamine (it's called "Kakuseizai" in Japanese). The number of methamphetamine crimes in 2013 was 11,127, and in 2021 it was 7,970. That is, the number of methamphetamine crimes has decreased.

2. Legal sentences for crimes related to marijuana

The Cannabis Control Act ("Taima torishimari ho" in Japanese) regulates marijuana crimes. By the way, the word "cannabis" and "marijuana" are not strictly the same, but there is no serious difference. The word "cannabis" is generally used as plant species, and the word "marijuana" is used as a drug.

The penalties for marijuana crimes are as follows. The legal penalty for having, receiving or transferring marijuana is up to five years in prison. If it is for commercial purposes to have, receive or transfer marijuana, you can be sentenced to a prison sentence of up to 7 years, and you can also be fined up to 2 million yen. The penalty of cultivating, imposing or exposing marijuana is more serious than having, receiving or transferring marijuana. It's up to 7 years in prison. If it is for commercial purposes to grow, import or export marijuana, it is up to 10 years in prison, and can also be fined up to 3 million yen.

However, if you are a first-time offender and only have a small amount of marijuana, you may not be prosecuted even though you are arrested. About 50% of those arrested for violating the Cannabis Control Act are not prosecuted. This is because many first-time criminals are arrested for possession of small amounts of marijuana. Or, in many cases, prosecutors cannot prosecute because they do not have enough evidence to prove a crime. Even if there is a strong suspicion of a crime, the prosecution will not prosecute without sufficient evidence. This is true for all crimes, not just for cases of marijuana or other drugs. On the other hand, once processed, there is a 99.8% chance of being found guilty in the trial.

Even if you are being prosecuted, if you are a first-time offender and do not own a large amount, you will often receive a suspended sentence instead of a prison sentence.

On the contrary, although he is a criminal for the first time, if he has a large amount of marijuana, he may receive a prison sentence without being suspended.

3. Criminal case flow

I explain about the flow of criminal cases. This flow is not only for the drug case, but also for all other criminal cases. First, the police find crime and suspect. In some cases the police continue investigation without arresting a suspect and in other cases the police arrest the suspect. Generally, in cases where the crime is serious, the police arrest the suspect. If he arrests a suspect, between 3 days, they decide whether he continues to be detained or not. This decision is made by the prosecutor and finally by the judge. Therefore, these 3 days are important to defend suspect. In these 3 days only the lawyer can see with the suspect and other people can't talk to the suspects. In some cases, lawyer action is needed so that detention does not continue.

In the following, I explain about the cases in which the suspect is detained. If the judge admits detention, the maximum period of detention would be 20 days. Normally, police and prosecutors use this maximum period of 20 days for investigation. When the suspect is detained, the police and prosecutors need to finish all suspect interviews and the prosecutor needs to decide whether or not to accuse this case within this 20-day period. On the other hand, in cases where the suspect is not detained, there is no period to decide whether to accuse or not. Therefore, it usually takes a long time to decide whether to accuse or not.

Between this 20-day detention period, the prosecutor decides to treat the suspect. This result is mainly divided into 3 types. No accusation, summary accusation and normal accusation. No accusation means that he is not guilty. If the prosecutor thinks there is not enough evidence for the trial, he does not accuse the suspect. Summary indictment means imposing a fine and not taking the case to trial. This is a guilty result and will have a criminal record. But, he does not go to the trial process and the whole process ends at the end of a 20-day period. However, in cases of drug crime, basically punishment is not only imposing a fine and it is necessary to impose a prison sentence. Therefore, summary indictment cannot be practiced. Normal prosecution means that the prosecutor takes this case to trial. With that result, the suspect will continue to be detained and it is necessary to go to the trial process. It usually takes at least a few months to finish the trial. Basically, detention will continue until the end of the trial. However, after accusation, bail can be requested. Deposit means release with deposit payment. Normally the amount for bail is 1.5 million or 2 million yen. But, whether bail is allowed or not, the judge decides and it is not always to admit bail. In serious cases or cases in which the suspect does not admit his crime, bail is often not allowed and until the end of the trial it is necessary to continue to be detained.

4. Impact to the visa

For foreigners, knowing how the crime of marijuana affects the visa is necessary. Frankly, the visa implications of drug crimes can be very serious. All marijuana crime guilty results impose deportation to the offender who is a foreigner, including people who have a permanent visa. Even if it is a crime for the first time and possession of a small amount of marijuana and the result is a suspended sentence instead of a prison sentence, deportation applies. However, people who have a spouse or children in Japan, especially a Japanese spouse or children and people who have a spouse or children with a permanent visa, are likely to stay in Japan with a special immigration permit. Requirements of this permit are not regulated by law. Therefore, it is not possible to know if this permit is allowed or not in advance.