Experts in the field of drug use and addiction in Malaysia strongly urge the government, particularly the Ministry of Home Affairs, to postpone the passage of amendments to the Drug Dependants (Treatment and Rehabilitation) Act 1983, which was tabled for first reading on 2nd July 2024 in the Dewan Rakyat and scheduled for second reading on 3rd July 2024.
Upon reviewing the Bill made available to the public; the experts have raised significant concerns regarding its punitive orientation. Despite purported intentions of decriminalisation, the proposed amendments maintain punitive measures against individuals using drugs and their families. They express particular apprehension over the consolidation of responsibilities and powers within a single agency, the Agensi Anti Dadah Kebangsaan (AADK), and diminished collaboration with the Ministry of Health.
The expert group emphasises the inadequacy of assigning responsibility for addiction assessments and treatment referrals to Rehabilitation Officers as seen in the proposed substitution to section 8 where the Rehabilitation Officer may certify an individual as a drug or substance dependant or drug or substance misuser. Given the multifaceted nature of drug use and addiction encompassing health and social dimensions, it is critically important that health officers and social workers are included in these critical processes.
In cases where individuals voluntarily apply for treatment, including to AADK, an official diagnosis by a medical professional is important in determining drug use disorder to ensure the patient receives the most appropriate treatment. In moving towards decriminalisation of drug use, the group advocates for the establishment of a Drug Use Prevention and Treatment (DUPT) Commission in every district, uniting AADK, Ministry of Health’s One Stop Center for Addiction (OSCA) services, and community leaders to determine optimal pathways for individuals using drugs.
The experts also highlight the continued punitive approach towards relapse incidents, cautioning against prolonged sentences, hefty fines, imprisonment, or caning for individuals struggling with addiction. It is important to recognise that drug use is a relapsing condition; punitive measures for relapse contradict our understanding and experience in treatment. People who are dependent on drugs may relapse due to multiple triggers such as emotional issues, grief, and physical health issues etc. The idea is to get them back to the treatment they need as soon as possible.
There are also serious concerns regarding the proposed penalties for parents of young drug users as seen in the proposed amendments to Section 9 potentially deterring families from seeking necessary support. Such punitive approach risks alienating families in rural areas and perpetuating stigma.
The experts assert that the current amendments do not align with genuine decriminalisation objectives and may exacerbate existing challenges. The government must adopt a comprehensive revision of the country’s drug policies. This includes revisiting all laws that criminalise individuals using drugs, such as the Dangerous Drugs Act 1952, The Registration of Criminals and Undesirable Persons and the Poisons Act 1952. Crucially, the failure to ensure corresponding amendments to the Dangerous Drugs Act 1952, particularly section 15 and section 39C which currently criminalises drug use, will result in drug use continuing to be a criminal offence and prison overcrowding, thereby undermining any effort to address drug use as a health issue. This will automatically also deter anyone from undergoing treatment voluntarily.
Acknowledging the Ministry of Health’s recent initiative in establishing a National Task Force for the very purpose of reviewing a health-based response to drug use, on 19th June as a positive step, the experts implore the government to engage in broader consultations, including with experts from the Drug Policy Programme Malaysia, before proceeding with any amendments. As per the Malaysia Madani principles, our collective goal should be to empower society through inclusive policy discussions.
Meanwhile, the AADK would like to draw attention to the statement jointly published by the Malaysian Drug Policy Programme Advisory Board regarding the amendment of the Drug Addiction Act (Treatment and Restoration) 1983 which was presented in the Dewan Rakyat session on the 3rd of July.
It is noted that the amendment of the bill is clearly simplified and client friendly and advantageous to speed up the treatment and recovery process especially for those who came in voluntarily. The access is opened as wide as possible to the client especially for the category of abusers because they can be treated and recover earlier so that they don’t become worse.
In addition, the amendment of the bill also does not exclude the role of medical officers and other relevant agencies in treating recovering drug addicts. Therefore, this amendment is in line with the government’s move to move drug addicts and drug abusers’ prison sentences to treatment programmes and lead to overall recovery.
