BREAKING THE CHAIN: LEGAL PERSPECTIVES ON DRUGS TRAFFICKING IN MALAYSIA



Drug trafficking in Malaysia is a high-stakes battle. Dive into the legal twists, gripping cases, and strategies shaping the fight against this illicit trade. Let’s unravel the story together!


A Snapshot of Malaysia’s Most Distributed Drugs

Opiates: Heroin and morphine have long been the most abused drugs in Malaysia. The country's location near the "Golden Triangle," a major opium-producing area, has increased their availability. Despite enforcement efforts, opiates remain a major issue due to their addictive nature and health risks. [1]

Amphetamine-Type Stimulants (ATS): The use of amphetamine-type stimulants like methamphetamine ("syabu") and ecstasy has grown recently, especially among young people in party scenes. These synthetic drugs pose new challenges for health and law enforcement agencies. [2]

Cannabis (Marijuana): Cannabis, or "ganja," is widely used despite strict legal penalties. It is consumed across many age groups and remains a common illicit drug in Malaysia.

Ketamine: Originally an anesthetic, is now popular as a recreational drug in clubs. Its abuse can cause serious health issues, including urinary and cognitive problems. [3]

Kratom (Mitragyna Speciosa): A plant with stimulant and opioid-like effects, is increasingly used in Malaysia. While traditionally consumed for medicinal purposes, its misuse raises concerns about addiction and health risks.

Prescription Pills: The misuse of medications like benzodiazepines is an emerging problem. These drugs are often obtained without prescriptions, leading to addiction and negative health outcomes. [4]



Body Packing: Risky Roles of Human Mules 


One of the methods to smuggle drugs is body packing. Body packing involves smuggling drugs inside a person’s body. Packets of drugs are swallowed or inserted into body cavities. Drugs commonly smuggled this way include cocaine, heroin, and cannabis. [5]

Smugglers target vulnerable individuals, such as children and low-income people, as they are less likely to raise suspicion. Some women hide drugs in implants or under their breasts. If the packets rupture inside the body, it can be fatal. In a 2019 case, a man was caught at the airport with drug packets in his colon. After medical treatment, he passed the packets and was handed over to the police. [7] 


Illustration of Body-Packing


The Dangerous Drugs Act 1952: Backbone of Malaysian Drug Enforcement


The Dangerous Drugs Act 1952 imposes severe punishments for drug-related offences, including the death penalty for trafficking. This strict stance aims to deter drug crimes.

In 2017, the law was amended to allow judges discretion in sentencing. Instead of the mandatory death penalty, judges can impose life imprisonment with whipping if certain conditions are met. These include the accused not being involved in buying or selling drugs, playing a minor role in trafficking, or assisting law enforcement.

This amendment strikes a balance between deterrence and fairness. [8]




The "Innocent Carrier" Defense: Unwitting Smuggler or Guilty Party? 


The "innocent carrier" defense claims the accused carried drugs unknowingly. However, courts often reject it, citing "wilful blindness," where the accused ignores obvious risks. For example, in one case, a person swallowed drug capsules without questioning their contents and was found guilty.

The defense is further weakened by laws that presume the accused had possession and knowledge of the drugs. Vulnerable individuals, such as coerced women or foreign nationals, struggle to overcome these legal presumptions. [9]




 Strengthening Borders: The First Line of Defense

Prevention programs focus on family-based protective factors and public awareness. Protective factors help individuals resist drug abuse, while public campaigns spread knowledge about the risks and available resources.

Specific programs target different groups:

  • Children: The PINTAR program builds resilience in primary school students.

  • Families: The FAMILY ON ALERT program equips families to handle drug issues.

  • Teenagers: The SHEILDS program raises awareness about drug abuse risks.

  • Communities: SKUAD AADK engages volunteers in drug prevention campaigns. [10]








References


  1. Rodzlan Hasani WS and others, ‘Patterns of Polysubstance Use among Adults in Malaysia-a Latent Class Analysis’ (PloS one, 17 January 2023) <https://pmc.ncbi.nlm.nih.gov/articles/PMC9844871/#pone.0264593.ref006> accessed 19 December 2024 

  2. “Dangerous Drugs (Amendment) Act 2017.” Wikisource, the Free Online Library, en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017. Accessed 19 Dec. 2024. <https://en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017> 

  3. “Dangerous Drugs (Amendment) Act 2017.” Wikisource, the Free Online Library, en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017. Accessed 19 Dec. 2024. <https://en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017>

  4. Rodzlan Hasani WS and others, ‘Patterns of Polysubstance Use among Adults in Malaysia-a Latent Class Analysis’ (PloS one, 17 January 2023) <https://pmc.ncbi.nlm.nih.gov/articles/PMC9844871/#pone.0264593.ref006> accessed 19 December 2024 

  5. Pinto A and others, ‘Radiological and Practical Aspects of Body Packing’ (The British journal of radiology, April 2014) <https://pmc.ncbi.nlm.nih.gov/articles/PMC4067033/#:~:text=Radiological%20imaging%20methods%20are%20essential,a%20range%20of%20imaging%20modalities.> 

  6. ‘Lactulose: Medlineplus Drug Information’ (MedlinePlus) <https://medlineplus.gov/druginfo/meds/a682338.html> 

  7. Ayoub Ahmad Abedzadeh MD a and others, ‘New Packaging Methods of Body Packers: Role of Advanced Imaging in Their Detection. A Case Study’ (Radiology Case Reports, 15 March 2019) <https://www.sciencedirect.com/science/article/pii/S1930043319300536>

  8. “Dangerous Drugs (Amendment) Act 2017.” Wikisource, the Free Online Library, en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017. Accessed 19 Dec. 2024. 

<https://en.wikisource.org/wiki/Dangerous_Drugs_(Amendment)_Act_2017>  

  1. Antolak-Saper, N., Kowal, S., Lindsey, S., Ying, N. C., Kananatu, T., & Harm Reduction International. (2020). Drug Offences and the Death Penalty in Malaysia: Fair Trial Rights and Ramifications. In Drug Offences and the Death Penalty in Malaysia: Fair Trial Rights and Ramifications. Monash University. <https://www.hri.global/files/2020/05/29/Malaysia_Death_Penalty_-_Fair_Trial_-_Monash_ADPAN.pdf >

  2. “Substance Abuse and the HIV Situation in Malaysia” 21 Journal of Food and Drug Analysis S46 

  3. Lai G and Stoicescu C, “Chapter 10: Drug Policy in Asia: The Origins and Extremities of Prohibition” (Elgar Online: The online content platform for Edward Elgar Publishing, September 15, 2020) <https://www.elgaronline.com/edcollchap/edcoll/9781788117050/9781788117050.00019.xml> accessed December 19, 2024 





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