How does Section 39C treat drug dependence as criminality instead of health?

Question

Accepted Answer

Section 39C Criminalises Drug Dependence, Neglecting Health Aspects

Section 39C of Malaysia's Dangerous Drugs Act 1952 mandates five to seven-year prison sentences for individuals repeatedly charged with drug use, fundamentally treating drug dependence as an act of criminality rather than a health issue. This provision focuses on prior arrests and convictions, irrespective of the underlying circumstances or the potential for recovery, thereby disproportionately impacting individuals from low-income and marginalised backgrounds who may lack access to support systems. The law's punitive approach, which punishes relapse without adequately addressing the chronic and relapsing nature of drug dependence, has been shown to exacerbate rather than solve the problem.
Mandatory Sentences for Repeat Offending

The core of Section 39C lies in its imposition of mandatory prison terms for individuals with multiple drug-related charges. Between January 2024 and November 2025, thousands of individuals were charged under this section across Malaysia, indicating its regular application. This provision was conceived to target those deemed unwilling to reform, yet its practical effect is to channel repeat offenders, many of whom struggle with addiction and socio-economic challenges, into lengthy incarcerations. The emphasis remains on penalising repeated contact with the justice system rather than on the individual's health status or circumstances.
Neglect of Underlying Causes and Recovery

A significant criticism of Section 39C is its failure to consider the reasons behind continued drug use or to facilitate recovery. For instance, one former drug user found that convictions from over a decade prior were used to justify a harsher charge under this section, leading to a five-year sentence without any form of treatment during her incarceration. Upon release, the lack of support for employment and housing, coupled with a criminal record, pushed her back into drug distribution for survival. This illustrates how the law punishes relapse and dependence as stubborn criminality, overlooking the complex interplay of poverty, unemployment, and addiction.
Incarceration Worsens Dependence and Stigma

Experts and non-governmental organisations highlight that imprisonment does not address drug dependence and can, in fact, worsen it. Incarceration exposes individuals to unsafe practices and health risks, deepening their stigmatisation. The accessibility of drugs within prisons and rehabilitation centres further undermines the effectiveness of confinement as a path to recovery. Lawyers also note that Section 39C imposes disproportionately harsh penalties, and imprisonment alone fails to tackle the underlying issues of poverty and unemployment that often contribute to repeated offending, creating a cycle of disadvantage.
Inconsistent Reforms and Continued Punitive Measures

While Malaysia has initiated some reforms in drug policy, suggesting a move towards treatment over punishment, Section 39C remains largely unchanged. This continued application of a punitive measure, which funnels individuals into prison based on past records, suggests that reforms may not be as transformative as intended. The law's persistence means that harsher punishment, which has not proven to deter drug use, continues to exact the highest price from the poorest and most marginalised segments of society, failing to address drug dependence as a public health issue that requires care rather than solely punitive measures.

Reading history

Hide →

This history is cleared when the page is closed.

How does Section 39C treat drug dependence as criminality instead of health?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends