IL PROJECT 2018

MALAYSIA LAW AND CRIMINALITY

SOURCE 1: Source: https://en.wikipedia.org/wiki/Cannabis_in_Malaysia

Cannabis in Malaysia
Cannabis in Malaysia is illegal. Malaysian legislation provides for a mandatory death penalty for
convicted drug traffickers. Individuals arrested in possession of 200 grams (seven ounces) of
marijuana are presumed by law to be trafficking in drugs. Individuals arrested in possession of 50
grams (1,5 ounces) or less will be sentenced to imprisonment up to 10 years.[1]

History[
Following the British acquisition of Dutch Malacca, by 1826 the British were raising taxes from
the production of bhang
Cannabis restrictions in Malaysia date as far back as the Dangerous Drugs Ordinance 1952
in British Malaya prior to independence
Source 2: https://sensiseeds.com/en/blog/cannabis-malaysia-en/

Law & international policy

Possession of up to 50 grams of cannabis is punishable by up to

five years’ imprisonment and a fine of up to 20,000 ringgit (around
€4,700); for possession of 20g and above, three to nine lashes may
also be imposed. If found in possession of 50-200g of cannabis, a
custodial sentence of at least five years is issued, along with up to
ten lashes in some cases. Cultivation of cannabis is punishable by
life imprisonment and no less than six lashes. Individuals arrested
in possession of 200 grams or more of cannabis (or 40g of cocaine
or 15g of heroin or morphine) are presumed to be trafficking in
drugs and are subject to a mandatory death penalty, which is
conducted by hanging.
Purchasing and using in Malaysia

In Kuala Lumpur, Malaysia’s capital, it is possible to source

cannabis but generally not advisable due to risk of arrest
Certain urban areas are frequented by street dealers, and areas
with bars, tourist amenities and hostels are more likely hotspots.
If fortunate enough to make friends with locals in such areas, it may
be possible to find a trusted supplier.
The price for cannabis in Malaysia ranges from 440 – 840 ringgit for
an ounce, and quality ranges from low-grade brick weed to higher-
quality sensimilla, and occasionally hashish.
There are also worrying anecdotal reports of deliberate
contamination of ‘brick-weed’ mixed with other illicit drugs or
chemicals, apparently including heroin, methamphetamine, and
ketamine, among others. According to these reports, tourists
purchasing contaminated cannabis have suffered adverse effects
including unconsciousness.
Despite some signs that attitudes towards cannabis are shifting and
the enactment of the death penalty is becoming less frequent, laws
remain draconian and the situation remains dire. Travellers visiting
Malaysia are advised to exercise utmost caution, and avoid any
situation involving illicit drugs unless it is absolutely certain that
there is no risk of arrest or physical harm.
Source 3: http://kl98.thecgf.com/athletes/drugs.html
Or

Summary

Presumptions
Any person who is found to have had in custody or under his control
anything whatsoever containing any dangerous drug shall, until the
contrary is proved, be deemed to have been in possession of such drug
and shall, until the contrary is proved, be deemed to have known the
nature of such drug.

Any person who is found in possession of:

i. 15 grammes or more in weight of heroin;

ii. 15 grammes or more in weight of morphine;
iii. 15 grammes or more in weight of monoacetylmorphines;
a. a total of 15 grammes or more in weight of heroin,
morphine and monoacetylmorphines or a total of 15
grammes or more in weight of any two of the said
dangerous drugs;
iv. 1,000 grammes or more in weight of prepared opium;
v. 1,000 grammes or more in weight of raw opium;
a. a total of 1,000 grammes or more in weight or prepared
opium and raw opium;
vi. 200 grammes or more in weight of cannabis;
vii. 200 grammes or more in weight of cannabis resin;
viii. a total of 200 grammes or more in weight of cannabis and
cannabis resin; otherwise than in accordance with the authority
of this Act or any other written law, shall be presumed, until the
contrary is proved, to be trafficking in the said drug;
ix. 40 grammes or more in weight of cocaine; or
x. 2,000 grammes or more in weight of coca leaves,
SECTIONS OFFENCE/DRUG TYPE PUNISHMENT
SEC. 39B  In possession of 15 gm or Mandatory death
more heroin and morphine
 In possession of 1,000 gm or
more opium (raw or prepared);
 In possession of 200 gm or
more cannabis;
 In possession of 40 gm or
more cocaine.

SEC.39A(2)  In possession of 5-15 gm of Imprisonment for life or

heroin or morphine imprisonment not less than five
years and with whipping not
 In possession of 250 – 1,000 less than 10 strokes.
gm of opium (raw or prepared)
 In possession of 50 – 200 gm
of cannabis
 In possession of 15 gm or
more of cocaine
 In possession of 750 gm or
more of coca leaves

SEC. 39A (1)  In possession of 2-5gm of Imprisonment not less than two
heroin or morphine years and not exceeding five
years and whipping not less
 In possession of 5-15 gm of than three strokes but not more
cocoaine than nine strokes
 In possession of 20-50 gm of
cannabis;
 In possession of 100-250 gm
of opium (raw or prepared);
 In possession of 250-750 gm
of coca leaves

SEC. 6B  Cultivation of cannabis Life imprisonment andwhipping

not less than six strokes

SEC.6  In possession of less than 5 Imprisonment not exceeding

gm of raw opium, or coca five years and fine not
leaves or cannabis poppy exceeding Rm 20,000/-
plants (poppy straw) or
cannabis resin or poppy

SEC.9  In possession of less than 100 Imprisonment not exceeding

gm of prepared opium five years and fine not
exceeding RM 20,000/-

SEC.12 (3)  In possession of less than 2 Imprisonment not exceeding

gm of heroin or morphine five years and fine not
exceeding RM 20,000/-

SEC.15 (a)  Self administration of heroin or Imprisonment not exceeding

morphine two years and fine not
exceeding RM 20,000/-