KUALA LUMPUR, Nov 4 — Eighty-five per cent of drug arrests in Malaysia involve people suspected of using drugs or carrying amounts too small to meet the threshold for minor possession.
According to data cited by Global Commission on Drug Policy commissioner Prof Dr Adeeba Kamarulzaman, only 15 per cent of drug arrests in 2023 were related to supply or trafficking, while the overwhelming majority involved individuals suspected of use or minor possession under the Dangerous Drugs Act (DDA) 1952 (Act 234).
“In 2023 alone, the police made 179,799 arrests for drug offences, up 10 per cent from the previous year. Just 15 per cent were for supply – a number that maps exactly onto the number of arrests under Sections 39A and 39B of the DDA, which cover major possession, minor possession, and trafficking,” Dr Adeeba said during the Drug Policy Summit Malaysia 2025 in Kuala Lumpur today.
“The remaining 85 per cent of arrests were of people suspected of using drugs or carrying an amount too small to meet the threshold for minor possession.”
Section 39A of the DDA prescribes heavier penalties for drug possession that exceeds specific weight thresholds, creating two categories of possession offences based on quantity.
Under Section 39A(1), individuals found guilty of possessing smaller amounts – such as between two and five grams of heroin or morphine, five to fifteen grams of cocaine, or twenty to fifty grams of cannabis – face imprisonment of between two and five years and between three and nine strokes of the cane.
Section 39A(2) covers larger quantities, including five grams or more of heroin or morphine, fifteen grams or more of cocaine, or fifty grams or more of cannabis. Conviction under this section carries life imprisonment or a minimum of five years’ imprisonment, along with at least ten strokes of the cane.
Meanwhile, Section 39B criminalises drug trafficking, including offering or preparing to traffic in dangerous drugs. The offence is punishable by death or life imprisonment, and if the death penalty is not imposed, the offender must be given no fewer than twelve strokes of the cane.
Following amendments under the Abolition of Mandatory Death Penalty Act 2023 (Act 846), subsections 39B(2A) and (2B) were deleted, giving judges discretion to impose either the death penalty or life imprisonment instead of mandatory death.
Existing Drug Laws Blur The Line Between Use And Trafficking
Dr Adeeba, who is also president and pro vice-chancellor of Monash University Malaysia, said Malaysia’s drug laws blur the lines between trafficking and use, sending thousands of people to prison for offences that should instead be treated as health and social issues.
“Essentially, the drug review really needs to differentiate between trafficking and minor use or possession. At the moment, there is quite considerable blurring and there are a lot of laws that put people in prison for minor use and possession,” she said.
“We know that those who are arrested for minor use and possession should be given a second chance or given treatment if needed. It’s also very important to understand that not everyone who uses drugs needs treatment. Globally, out of 100 people who use drugs, only about 10 per cent need treatment,” Dr Adeeba said.
“There is a whole spectrum of drug use – from someone who’s just trying, to someone who gradually becomes addicted, to someone who is a trafficker. Our drug laws don’t clearly differentiate that, and I think that’s a very important principle.”
Dr Adeeba added that punitive drug laws do not reduce drug use but instead fuel stigma, discrimination, and health risks.
“Punitive drug laws do not reduce drug use. Instead, they fuel stigma and discrimination and push people away from health services, making them less likely to seek help and more vulnerable to HIV, hepatitis C, and overdose,” she said.
“In the context of newer drugs such as amphetamines and the new synthetics, we are also seeing significant psychiatric disorders, as well as aggressive and violent behaviours.”
RM2 Billion Spent Annually On Criminalising Drug Use
Malaysia’s enforcement-led approach to drug control also carries massive financial costs.
In September 2024, it was estimated that the government spent RM1.15 billion on prison costs for drug offences – an amount equivalent to hiring about 5,000 specialist doctors to reduce waiting times at public hospitals, Dr Adeeba said.
At the same time, about 7,000 people underwent rehabilitation at a cost of RM65 per day, totalling RM166 million, as part of the National Anti-Drugs Agency’s (AADK) RM400 million annual budget. When combined with spending on urine testing (RM170 million), police enforcement, and judicial processes, Malaysia is estimated to spend more than RM2 billion each year on criminalising drug use.
Despite this heavy expenditure, drug-related arrests remain persistently high. Since 2019, the Royal Malaysia Police (PDRM) has reported more than 600,000 arrests for drug possession and use.
Dr Adeeba cited research by her team on people who use drugs in Kajang Prison between 2020 and 2023, involving 1,057 inmates. Among them, 6.5 per cent were living with HIV, 39 per cent with hepatitis C, 60 per cent had latent tuberculosis (TB), and 7 per cent had active TB.
She added that criminalisation creates long-term barriers to rehabilitation.
“The stigma around drug use impedes successful reintegration of former drug offenders into their communities and families,” Dr Adeeba said. “A criminal record makes it difficult for individuals to find stable employment or access education, trapping them in a cycle of poverty and substance use.”
MOH Mulls Drug Law Reform To Treat Minor Offenders
Deputy Health Minister Lukanisman Awang Sauni said the Ministry of Health (MOH) is open to reviewing existing laws to move away from colonial-era punishment models toward a health-based approach.
“We have set up a special caucus to examine offences that cause harm, especially for minor offenders who can be treated through the health sector,” Lukanisman said at the same summit.
“If we look at the data, the highest prevalence of drug use is among youths aged 19 to 39 – our most productive generation. If we continue punishing people from this group, many of whom are educated and have career potential, with outdated laws that are still ‘stuck’ in the colonial era, we need to take action.”
Lukanisman said the government is exploring possible amendments to Act 234 to focus more on treatment and rehabilitation, working closely with AADK, other ministries, NGOs, and legal experts.
“We have not decided on anything yet, but we are open to the idea of introducing a decriminalisation policy for minor offences,” he said. “This would give small offenders a second chance, supported by data and community-based treatment.”
According to AADK, Malaysia recorded 192,857 drug users in 2024 – a 32.5 per cent increase from 2023. Of this, 60.3 per cent (116,245 people) were aged between 19 and 39. Amphetamine-type stimulants (ATS) accounted for 72.5 per cent of cases, followed by opiates (20.6 per cent) and cannabis (3.7 per cent).
Both Lukanisman and Dr Adeeba underscored the need to shift Malaysia’s drug policy toward health and rehabilitation rather than incarceration, particularly for non-violent, small-scale offences.
“Malaysia has an opportunity to shift the narrative from punishment to health and from invisibility to inclusion,” Dr Adeeba said.
