KUALA LUMPUR – The Home Ministry has no intention to decriminalise offenses relating to the possession of small amounts of drugs and the self-administration of narcotics, despite the passing of the Drug Dependants (Treatment and Rehabilitation) (Amendment) Bill 2024 in the Dewan Rakyat today.
During Home Minister Datuk Seri Saifuddin Nasution Ismail’s winding-up speech, Syed Saddiq Syed Abdul Rahman (Muar-Muda) posed a hypothetical question pointing out that the new bill could clash with the Dangerous Drugs Act, particularly Sections 12 (drug possession of small amounts) and Section 15 (self-administration).
“Hypothetically, let’s say I am with someone and we plan to consume narcotics. I am the first to consume and before my friend does the same, we get arrested.
“I would receive treatment under the new bill, but my friend will go through the criminal justice system for possession,” Saddiq said.
Replying to Syed Saddiq’s question, Saifuddin explained that the Muar MP’s scenario is possible, however, he did not provide a solution to avoid such circumstances.
At the same time, Saifuddin also confirmed that in such a scenario, criminal action can still be taken for drug possession.
“What the Muar MP had raised is reasonable. In the event this bill comes into force, we would want to address such situations.
“I take note of this because I am not assuming such things can’t happen,” Saifuddin said.
Commenting further, Saifuddin also acknowledged that other parliamentarians pointed towards Portugal, which has taken a more extreme approach towards drug decriminalisation.
Despite confirming that Home Ministry officials had visited Portugal to study their decriminalisation exercise, Saifuddin said Malaysia will not follow that same path.
“There are views saying we should decriminalise Section 12 and Section 15 of the Dangerous Drugs Act, but we say no. That should stay as a crime.
“Because if we decriminalise possession of small amounts, what would happen outside is that children in schools will start distributing narcotics,” Saifuddin added.
Previously on July 9, Saifuddin attempted to push amendments pertaining to the Drug Dependants (Treatment and Rehabilitation) Act 1983 to its third reading in Parliament.
However, due to various concerns by lawmakers on both sides of the aisle, the bill was referred to both health and security parliamentary select committees.
Both committees convened on July 16 to provide their views and feedback on the bill.
Today, the Drug Dependants (Treatment and Rehabilitation) (Amendment) Bill 2024 was passed at the Dewan Rakyat with a unanimous voice vote. – July 18, 2024