Five charged in Perlis after testing positive for cannabis at Thai border

 

Five individuals in Perlis have been charged with drug offences after testing positive for cannabis during a test at the Thai-Malaysia border.

This follows Thailand's decriminalisation of cannabis on June 9.

Perlis police chief Surina Saad said travellers entering Perlis from Thailand are tested on a random basis and if there is intelligence suggesting a test is needed.

“If found positive for drugs, we will immediately detain them and put them in the lock-up. However, we will release them on police bail until we get the urine check report and charge them in court.

“So far we have charged a total of five Malaysians found to be positive for drugs for the last two months between July 23 until now,” she said when contacted.

Earlier she said of 96 individuals inspected, 71 were subjected to urine testing, with 12 of them testing positive for marijuana.

Perlis police chief Surina Saad

Perlis police reportedly said it was stepping up urine checks on Malaysians entering from Thailand at the Wang Kelian and Padang Besar immigration checkpoints to prevent Malaysians from consuming cannabis there.

Thailand only allows cannabis for medical reasons. However, the cannabis plants were seen sold to the public as normal plants.

Can be nabbed even if consumed in Thailand

Malaysians crossing the Thai-Kedah border could also be subjected to urine checks as the same approach is applied by police there, the Kedah Narcotics Investigation Department chief Mohd Taufiq Maidin said.

He added that it does not matter if the cannabis was consumed outside Malaysian jurisdiction.

"No matter where the crime is committed, if they are found positive for drugs it is an offence and they will be charged for consuming drugs," he said.

However, drug policy reform advocate and lawyer Samantha Chong said this move is questionable and potentially a waste of taxpayers' money as Malaysia does not have the power to prosecute if the cannabis was consumed outside of its borders.

Chong said urine testing on 137,000 individuals cost taxpayers RM164.72 million in 2016.

Nevertheless, she noted that Section 37(k) of the Dangerous Drugs Act states that those who test positive for drugs are presumed to have consumed the drugs unless they can prove otherwise.

This means the onus is on individuals who test positive at the border to prove in court that they consumed the drugs in Thailand, with the court case likely to cost a lot of time and money for both the accused and state, she said. - Mkini