Malaysia has some of the strictest drug laws in the world, including mandatory death penalties for certain drug trafficking offences which makes it one of the countries with the harshest penalties for drug-related offences. Malaysia’s approach to narcotics control has evolved over time, influenced by colonial history, international drug conventions, and domestic concerns over drug abuse. The primary legislation governing drugs in Malaysia is Dangerous Drugs Act 1952 [DDA 1952].

DDA 1952 regulates the control, possession, distribution and trafficking of dangerous drugs, outlining strict penalties for drug-related offences which included severe punishments for the drug possession and drug trafficking offences. Other legislation, such as Poison Act 1952 and Drug Dependants (Treatment and Rehabilitation) Act 1983, helps to regulate substances and address drug rehabilitation efforts as supplementary.

According to Section 2 of Sale of Drugs Act 1952 (Revised-1989), it defines “drug” refers to any substance, product, or item that is meant to be used—or claimed to have the ability to be used—on humans or animals, whether applied internally or externally, for medical treatment or health-related purposes.

In Malaysia, self-administration is the most common and more less serious offence compared to other offences. Self -administration of drugs governed under Section 15 of DDA 1952. This offence carries a fine not exceeding RM 5,000 or an imprisonment term not exceeding 2 years.

Apart from this offence, there are 2 common yet series offences governed under DDA 1952,
1. Drug possession (covered under Section 6 and 12(2) of DDA 1952)
2. Drug trafficking (covered under Section 39B DDA 1952).

Section 6 and 12(2) of the DDA 1952, depending on the types of drugs, cover the part of possession of drugs. The punishment for drug possession could vary from a mere fine to life imprisonment and whipping. The punishment depends on the weight of the drugs in question. For drug trafficking, it is the most severe offence under the DDA 1952, as it carries the mandatory death penalty, which is covered under Section 39B DDA 1952.

Certain substances classified as dangerous drugs in Malaysia with the following key reasons primarily due to their potential for abuse, addiction and harm to public health. Firstly, high potential for addiction. These dangerous drugs would regulate by DDA 1952 on their importation, exportation, manufacture and utilization. Certain substances such as heroin, morphine and methamphetamine cause severe dependency on it would lead to social and health issues. The lack of medical justification such as no recognized medical use would make the possessions and distribution of the drugs illegal.

The classification of a substance as a dangerous drug depends on its potential lead to severe health risks and impact on public safety. Drugs that cause harmful effects—such as organ damage, mental health deterioration, and overdose risks—are considered dangerous. Additionally, if a drug contributes to crime, impaired judgement, or dangerous behaviour, it raises further concerns regarding its regulation and control. Apart from these few reasons, Malaysia aligns our drug policies with global conventions to combat trafficking and misuse. Thus, the classification of dangerous drugs will be affected by international drug control agreements.

The legal boundaries between Drug (illegal or controlled) and Medicines which legal for medical use could be distinguished by 3 keys:
1. Legal approval of the substance (registered as medicine vs. banned as a drug)
2. Intention of the use (medical treatment vs. recreational abuse)
3. Regulation and enforcement of the substance (who controls its distribution)

To decide the substance’s classification, there are a few authorities in charge of it:
– Ministry of Health (MOH) – Approves medicines (via National Pharmaceutical Control Bureau)
– National Anti-Drug Agency (NADA) – Enforces anti-drug laws
– Royal Malaysia Police (PDRM) – Arrests drug offenders
– Courts – Decide penalties (e.g., death penalty for trafficking

The revolution of law in drug restriction
In the early stage, pre-independence stage (around 1957), British introduced Opium and Chandu Proclamation (1878) and later the Opium Ordinance (1952) to restrict the utilization of opium to licensed users. After that, Dangerous Drugs Ordinance (1952): This was one of the first laws to control narcotics beyond opium, covering substances like morphine and cocaine.

Certain substances are widely recognized by the public, and their regulation has evolved over time:
1. Opium & Cannabis (Ganja) – Early Restrictions
a. Opium:
– Regulated since the Opium and Chandu Proclamation (1878) under British rule.
– It does not immediately ban but subject to control measures.
– Officially banned by DDA 1952
b. Cannabis (Ganja):
– Used traditionally in Malay and Indian communities for medicine and rituals.
1952: Listed as a controlled substance under the Dangerous Drugs Act, but not yet heavily criminalized.
1983: Ganja was explicitly criminalized under Section 6 of the DDA, making possession, sale, or cultivation illegal.

2. Kratom (Ketum/Etum) – From Traditional Use to Illegal Drug
– Ketum leaves were traditionally used in Northern Malaysia (Kelantan, Kedah) as a herbal remedy and stimulant.
2003: Ketum (Mitragyna speciosa) was officially classified as a poison under the Poison Act 1952, making its sale illegal but not possession.
2021: Ketum was classified as a dangerous drug under the Dangerous Drugs Act 1952, making possession, sale, and consumption fully illegal (punishable by up to 4 years in jail).

3. Synthetic Drugs & New Psychoactive Substances (NPS)
1980s–1990s: Amphetamines (e.g., “Syabu” – Methamphetamine) were added to the list of controlled substances.
2000s–Present:
Ecstasy (MDMA), LSD, and synthetic cannabinoids were classified as illegal.
2014: Malaysia introduced generic legislation to ban all analogues of controlled drugs, preventing legal loopholes for new synthetic drugs.

Gray Areas: When Medicine Becomes a Drug
Some substances can be both medicine and illegal drugs, depending on use:
A. Ketum (Kratom)
Traditional Use: Was a herbal remedy (not illegal before 2003)
2003: Classified as Poison (Schedule 1) – Sale banned, but possession allowed
2021: Fully illegal under Dangerous Drugs Act
B. Cannabis (Medical vs. Recreational)
Illegal: Recreational cannabis is fully banned (DDA 1952)
Medical Exceptions:
2019: Malaysia allowed CBD-based medicines (with 0% THC) for epilepsy treatment
2022: First legal medical cannabis trial (but still no full legalization)
C. Prescription Drugs (Abuse Potential)
Codeine (cough syrup): Legal with prescription, but illegal if sold without one
Tramadol (painkiller): Legal for medical use, but illegal if abused