How do drug laws in Malaysia treat dependence as criminality?

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Malaysian Drug Laws Criminalise Dependence Instead of Addressing Health Issues

Malaysian drug laws, particularly Section 39C of the Dangerous Drugs Act 1952, criminalise drug dependence by treating it as an inherent criminality rather than a chronic health condition. This approach leads to escalating penalties for individuals with repeated drug use offences, irrespective of their intent or underlying circumstances. Global consensus recognises drug dependence as a chronic and relapsing condition, yet Malaysian law imposes severe, escalating punishments.
Section 39C Focuses on Recidivism, Not Root Causes

Section 39C mandates prison sentences of five to seven years for individuals repeatedly charged with drug use, targeting those perceived as unwilling to reform. However, evidence indicates that this provision disproportionately affects individuals from low-income and marginalised backgrounds who often struggle with untreated dependence, unstable employment, and social exclusion. Court data from January 2024 to November 2025 reveals that Section 39C is routinely applied, rather than being an exceptional measure. The legal process primarily concentrates on repeated arrests and convictions, lacking substantive inquiry into the reasons for continued drug use or an assessment of whether incarceration aids recovery.
Punitive Measures Fail to Address Health and Social Determinants

The outcomes under Section 39C are severe and predictable, including lengthy imprisonment, corporal punishment, and post-release supervision. These consequences are well-documented but fail to address the health and social factors that contribute to drug dependence. For instance, a case from 2018 involved an individual convicted under Section 39C whose past offences, for which she had already served time and paid fines, were used to justify a harsher charge. Without treatment during incarceration and facing significant barriers to employment upon release due to her criminal record, she quickly returned to drug distribution out of necessity for survival.
Incarceration May Exacerbate Dependence and Associated Risks

The practice of incarceration, as highlighted by harm reduction advocates, does not effectively address drug dependence. On the contrary, it can worsen the condition by exposing individuals to unsafe drug use practices, increased health risks, and deeper social stigma. Furthermore, drugs remain accessible even within prisons and rehabilitation centres, undermining the premise that confinement leads to recovery. This creates a cycle where individuals are punished for relapse rather than for criminal intent, trapping them in a system that perpetuates their vulnerability.

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How do drug laws in Malaysia treat dependence as criminality?

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