Why are individuals with drug dependence criminalised under Section 39C?

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Criminalisation of Drug Dependence Under Section 39C

Individuals with drug dependence are criminalised under Section 39C of Malaysia's Dangerous Drugs Act 1952 primarily because the provision targets repeat offenders perceived as unwilling to reform. This section mandates prison sentences of five to seven years for individuals charged multiple times for drug use, focusing on past convictions rather than the underlying reasons for continued drug use or potential for recovery. The application of Section 39C has been observed to disproportionately affect individuals from low-income and marginalised backgrounds who often face challenges such as untreated drug dependence, unstable employment, and social exclusion.
Focus on Recidivism Over Rehabilitation

Section 39C operates on the principle of punishing repeated arrests and convictions, with minimal consideration for the circumstances that lead to these instances or the possibility of an individual's recovery. The law effectively criminalises relapse, treating drug dependence as a form of persistent criminality that warrants escalating punitive measures. This approach overlooks the global understanding of drug dependence as a chronic and relapsing health condition.
Socioeconomic Factors Contribute to Repeated Offending

Lawyers and advocacy groups highlight that factors such as poverty, unemployment, and limited educational opportunities frequently contribute to individuals repeatedly entering the criminal justice system under Section 39C. These underlying socioeconomic challenges are often not addressed by incarceration, which can instead exacerbate the vulnerability of individuals and their families, thereby increasing the likelihood of reoffending. For instance, a former drug user convicted under Section 39C received no treatment during her five-year sentence and was released with no job or housing, leading her to return to drug distribution for survival.
Incarceration Worsens Dependence and Stigma

Imprisonment under Section 39C is noted to do little to address the root causes of drug dependence and can, in fact, worsen the condition. Incarceration can expose individuals to unsafe drug use practices, increase health risks, and deepen social stigma, making reintegration into society more difficult. The continued accessibility of drugs within correctional facilities further undermines the premise that confinement leads to recovery, suggesting that the current punitive approach fails to achieve its stated goals of rehabilitation and reduced drug use.

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Why are individuals with drug dependence criminalised under Section 39C?

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