DRUG TRAFFICKING AND COURT PRECEDENT IN MALAYSIA

DRUG TRAFFICKING AND COURT PRECEDENT IN MALAYSIA

            In Malaysian laws, drug trafficking is defined as [I] the doing of any of the following acts, that is to say, manufacturing, importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying or distributing any dangerous drug otherwise than under the authority of this Act or the regulations made under the Act. The Act cited is the Dangerous Drugs Act of 1952.  

            Control was also imposed on the following regarding raw opium, coca leaves, poppy-straw and cannabis:  restriction on importation, exportation, possession, planting or cultivation. The minister was also given the authority to regulate production and arrangements regarding the above drug raw ingredients.

            Control regulations were also put in effect for certain drugs considered and labeled as dangerous. These include restrictions imposed on its import and export, keeping inside premises or using inside premises for illicit usage and administration, and illegally administering dangerous drugs to others.  

            A drug trafficker is any person who is in illegal possession of any of the following: 15 grams of heroin, 15 grams of morphine, 15 grams of monoacetylmorphines, 1000 grams of raw or prepared opium, 200 grams of cannabis, 200 grams of cannabis resin, 40 grams of cocaine, 2000 grams of coca leaves, 50 grams of 2-amino-1 phenylpropane, 50 grams of amphetamine, 50 grams of dimethoxyamphetamine, 50 grams of methamphetamine, etc.

Punishment meted out for possession, use or  trafficking of illegal drugs is longer and harsher as compared to other countries. If a person is found to be in possession of at least  seven ounces of marijuana or a half ounce of heroin, that person will be charged with drug trafficking. Heroin is the main illegal drug used in Malaysia.

In recent years, some police officers and prison guards were arrested and put on-trial for various drug-related activities and corruption.  Drug trafficking, unfortunately, carries with it a compulsory penalty of death for those who are convicted. The death penalty started in the 1980s as a deterrent to drug offenders.

The execution of two Australian citizens  (Kevin John Barlow and Brian Geoffrey Chambers) by hanging in 1986 despite calls for clemency from the United Kingdom’s Margaret Thatcher and Australia’s Bill Hayden highlighted the mandatory death penalty of Malaysia. The two were arrested with 141.9 grams of heroin in their possession. 

Illegal drugs do not originate in Malaysia. The country is mostly used as a transition point of drug traffickers from other Southeast Asian countries going to some European countries and the United States. Prevalent trafficking and consumption of illegal drugs are two of the country’s criminal problems that require immediate solutions.  

Counter-narcotics officers have the benefit of support from the government but the Malaysian government was constrained to limit or cut-back on spending due to the Asian economic crisis. It was forced to reduce its budget on the enforcement of counter-narcotics thus prevention, treatment, training, and rehabilitation services were affected.  The planned opening of new rehabilitation centers were put on-hold due to budget constraints. These new centers were supposed to ease overcrowding where there were already incidents of violent behavior due to congestion. As a recourse, the Malaysian government is requesting some organizations to help in the rehabilitation problem.

To counterbalance the effects of budget cuts, Malaysia worked with other countries in the war against illicit drugs. Its cooperation was effective in curbing trafficking. It also was a member of  the  Drug Convention of the United Nations in 1988.

 Malaysia’s geographical position makes it the ideal route for smuggling that usually originates in the Golden Triangle. However, there was no substantial indication that a huge delivery of heroin was smuggled to the United States from Malaysia.

According to the provincial Customs and Excise Office, drug trafficking rose to three hundred percent two years ago. Illicit drugs that were bound to North Sumatera were mostly composed of heroin, crystal methamphetamine or shabu-shabu, and heroin. The office has deployed ships and numerous personnel to man all possible entries and exits of these illegal drugs. They were able to thwart fifteen drug trafficking attempts as of that year.

 

[i] www.agc.gov.my

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