Is Section 39C an exceptional measure or routinely applied in Malaysia?

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Section 39C is Routinely Applied in Malaysia

Recent court data indicates that Section 39C of the Dangerous Drugs Act 1952 is not an exceptional measure but is routinely applied across Malaysia. Thousands of individuals were charged under this section between January 2024 and November 2025, highlighting its frequent use in the judicial system.
Widespread Application Across Regions

Court data obtained from the Malaysian Judiciary reveals the extensive reach of Section 39C. Charges under this provision have been levied against individuals in Sabah, Sarawak, and Peninsular Malaysia. The sheer volume of these charges, numbering in the thousands within the specified period, demonstrates that its application is widespread rather than isolated.
Mandatory Sentencing and Lack of Inquiry

Section 39C mandates prison sentences ranging from five to seven years for individuals repeatedly charged with drug use. This provision was ostensibly designed to target those perceived as unwilling to reform. However, the data suggests that the focus is on the frequency of charges rather than an in-depth examination of the underlying reasons for continued drug use or the potential for recovery.
Disproportionate Impact on Vulnerable Groups

The application of Section 39C disproportionately affects individuals from low-income and marginalised backgrounds. Many of these individuals grapple with untreated drug dependence, unstable employment, and social exclusion, factors that often precede their entanglement with the criminal justice system. The law's emphasis on repeat convictions, without sufficient consideration for these complex circumstances, perpetuates a cycle of incarceration.

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Is Section 39C an exceptional measure or routinely applied in Malaysia?

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