INTERACTIVE: Drug addiction in Malaysia and the govt’s aim to decriminalise it

PETALING JAYA: Every year, an average of about 25,000 drug addicts are arrested nationwide, as it is a crime to use or possess drugs under Malaysian law.

Between 2015 and 2022, most or 95.8% of the drug addicts detained were men, while the remaining 4.2% were women, according to data from the Crime Statistics series released by the Statistics Department.

However, it’s possible that minor drug offences – possessing or using small quantities of illicit drugs – may no longer be treated like a crime soon, but tackled with treatment instead.

The government intends to amend the law and decriminalise substance abuse in small doses – a move that will send addicts to rehabilitation centres instead of prison.

To make the changes, the Drugs and Substance Abuse (Prevention, Treatment and Rehabilitation) Bill is expected to be tabled, replacing the Drug Dependants (Treatment and Rehabilitation) Act 1983.

Under the current Dangerous Drugs Act, Section 15 (1) states that individuals caught with drugs face up to a RM5,000 fine or two years in prison.

This may change, with Home Minister Datuk Seri Saifuddin Nasution Ismail saying the new law’s focus would be on decriminalising substance abuse in small doses.

ALSO READ: New law on drug abuse in the works

“Offenders will tentatively be referred to rehabilitation institutes under the National Anti-Drugs Agency (AADK) and not straight to jail as per the current practice,” he said in a report.

Last July, AADK director-general Sutekno Ahmad Belon said the aim was to bring the Bill to Parliament early this year.

With the Dewan Rakyat currently in session since Feb 26, the Bill is expected to be tabled soon.

But until the changes take place, here’s a closer look at the numbers behind drug addiction in the country.

People in their 30s are No.1

In 2022, a total of 23,517 drug addicts were arrested, based on the Crime Statistics.

Of the total, most or 35.5% were people aged between 30 and 39 – the first time that this age group outnumbered others in the past eight years.

Prior to this, those in their 20s were consistently the top age group arrested for drug addiction.

There have also been fewer teen drug addicts arrested throughout the years – from 1,420 in 2015, the number dropped to 541 in 2022.

On the reason for the decrease in arrests among younger people, Universiti Malaya Specialist Centre consultant psychiatrist Assoc Prof Dr Amer Siddiq Amer Nordin said it was possible that some of Malaysia’s drug awareness campaigns were working.

“Present users captured by our statistics are older adults as younger people become more aware of the ills of drug use,” said Dr Amer Siddiq, who is also an addiction specialist.

In terms of occupations, most of the drug addicts arrested were general labourers (24.7%), followed by temporary workers (22.3%).

The majority or 40.1% of them were also SPM-leavers.

Arrests by state

In 2022, the state with the biggest number of arrested drug addicts was Kedah with 2,724 people.

The federal territory of Putrajaya recorded the smallest number, with 46 people arrested that year.

However, if compared with the cumulative total over the past eight years, it is Penang that recorded the highest number of people arrested at 23,733 or 12% of the cumulative total.

From 2015 to 2022, a cumulative total of 197,146 drug addicts were arrested nationwide.

The top drugs

The number one type of drug taken by addicts in Malaysia are Amphetamine-Type Stimulants (ATS).

Examples of drugs under this category are syabu, ice, stone, “pil kuda”, Yaba Pills, YAMA Pills, Bom Pills, Ecstasy and amphetamine.

Opiate drugs like heroin and morphine were the top drugs back in 2015. However, ATS grew in popularity over the years and has topped the list since 2017.

As of 2022, 80% of drug addicts were hooked on ATS.

Commenting on the growth of ATS, Dr Amer Siddiq said such drug usage has increased exponentially across the Asia Pacific region.

“There are many reasons for this: increase in production, the ease in trafficking and the high profit involved.

“It is important to recognise that drug trends change regularly. Trafficking routes change and therefore, the availability of drugs also changes,” he added.

There is also a misuse of ATS for increasing motivation and productivity which might appeal to some people, Dr Amer Siddiq said.

“Sadly, once people use these drugs regularly enough, they have trouble stopping due to its strong psychological withdrawal effects,” he added.

As for the lower opiate use, Dr Amer Siddiq said a lot of investment has been made in the past to educate the public about its harmful effects.

“Our very successful harm reduction programme for opiate use over the past two decades has also contributed to this decline.

“We need to do the same for ATS,” he said.

He added that decriminalising drug use and personal possession will help the authorities focus on bigger criminals who produce and traffic drugs instead of drug users, who need better support and treatment.

What other countries have done

Other countries have taken action to free up policies on drugs, including decriminalisation and legalisation, with some treating drug usage as a health problem.

It’s important to note that decriminalising drugs is not the same as legalising them.

Decriminalising drugs does not mean the drugs are legal – in general, people caught using or possessing drugs will not be charged with a crime, but may face a fine or be referred to rehabilitation.

When it comes to legalising drugs, all penalties for possession and personal use of a drug are removed.

However, regulations will usually be set to manage where and how the legal drug can be sold, produced and consumed.

Dr Amer Siddiq said research in Portugal and the Netherlands showed that more drug users came forward to seek treatment once the decriminalisation of drugs was in place.

“Decriminalisation will also reduce stigmatisation and this will increase people coming forward for help.

“What we must remember is that not everyone who uses drugs is dependent – most are in the spectrum of drug use between experimental, recreational, social or regular use.

“Decriminalisation will greatly help those who find that their drug use is becoming a problem to seek help early before they become dependent,” he said.

Should Malaysia decriminalise addiction?

Non-governmental organisations are supportive of the government’s aim to decriminalise drug addiction, but want it to be accompanied with other steps like increasing access to treatment and enforcement on drug trafficking.

Pengasih Malaysia president Hafizi Harun said decriminalising drug addiction will allow a shift from a punitive to a health-centred approach.

“Treating addiction as a public health issue rather than a criminal offence would ensure that individuals receive proper rehabilitation and support.

“It will address the root causes of addiction and potentially reduce the harms associated with it,” he said.

Another benefit is that there would be less stigma and discrimination against individuals struggling with addiction.

“By treating addiction as a health concern, society can better understand addiction as a complex issue rather than associating it solely with criminal behaviour.

“This can lead to increased support and empathy, encouraging individuals to seek help without fear of legal consequences,” Hafizi added.

He said resources used to arrest and prosecute addicts would be freed up to be channelled towards prevention, education, treatment and harm-reduction initiatives.

This approach has the potential to be more cost-effective and have a greater positive impact on public health outcomes,” he added.

Hafizi said Malaysia could learn from other countries like Portugal and parts of the United States, which have successfully decriminalised addiction and seen positive outcomes.

“Malaysia can learn and adapt their own policies accordingly, tailoring them to the local context and needs.

“However, it is important to note that decriminalisation should be accompanied by comprehensive harm-reduction programmes, increased access to treatment, and ongoing support for individuals to ensure a holistic and effective approach to addressing addiction,” he said.

Describing the step as pragmatic, Malaysian Anti-Drug Association (Pemadam) international bureau chairman Prof Datuk Dr Tajudin Ninggal said there were pros and cons to decriminalisation in Malaysia.

“The move will open doors to a more holistic approach for drug addicts to recover and get the help they need.

“However, one of the drawbacks is that decriminalisation may open up the possibility of the system being abused if drug addicts misuse their status as a patient to escape the law,” he said.

Dr Tajudin, who is also a professor of counselling psychology at the Open University Malaysia, said drug users must also be monitored during their rehabilitation to prevent any safety risks to society and themselves.

“As such, Pemadam urges that the Bill be followed with comprehensive action from all stakeholders.

“Pemadam also hopes the government will beef up enforcement against the trafficking, sale and usage of drugs.

“This includes the monitoring of our country’s borders, increasing arrests and taking action against drug dealers along with imposing appropriate punishments for the crime,” he said.

Pemadam media and promotion bureau chairman Hashim Anang said most drug users were usually in denial about seeking treatment.

“Community awareness campaigns must be simultaneously carried out with moves to decriminalise drug addiction,” he said, adding that the parents and family members of a drug user must be present to assist the rehabilitation process as well.