Punishing people who use drugs with retributive sentences is not the solution to winning the so-called war on drugs in Malaysia. — freepik.com
The current drug law is highly punitive but the authorities believe that it is still relevant and necessary to contain Malaysia’s drug abuse problem. Despite its alleged usefulness, however, there are clearly evident flaws within the DDA – especially in terms of the severe penalties meted out to habitual drug users.
It is time for a rethink. How effective has the Act been in reducing habitual drug use or drug trafficking? Another unpopular section of the Act is 39C; it was rarely used in the past and the number of individuals detained under this section was almost never published. However, it has been recently resurrected and is being increasingly used. It allows authorities to incarcerate – for five to seven years – drug users who are rearrested for the third time . In general, more males are arrested under this section and they are also liable to be flogged with a rotan.
Faced with the realities of rising annual arrests of people who use drugs, the expanding rehabilitation and criminal justice costs, as well as the unavoidable relapsing nature of addiction, the time is right for policymakers to consider the benefits of introducing more tolerant policies and laws based on science and evidence rather than clinging to outdated and dubious approaches that criminalise drug use.
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