Malaysia keeping up with changes in outlook on cannabis

 

From Shaun Paulian, Nicole Lim and Yap Sher Min

Evolution of global treatment of cannabis

The usage of cannabis (also known as marijuana, weed, or ganja), in both medical and recreational context, has remained one of the most highly debated topics worldwide in the past century. However, it appears that the tide from strict illegality, to adoption for medical usage, and now, to commercialisation, is finally starting to turn.

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With growing evidence indicating that cannabis can bring about many medical benefits – including providing relief for epilepsy, pain and gastrointestinal disorders – governments around the world are beginning to pivot towards decriminalisation and legalising the use of cannabis.

In the past decade alone, over 40 countries have legalised or decriminalised the possession, cultivation, sale, and use of the plant, including Malaysia’s neighbour, Thailand.

Thailand legalised medical cannabis in 2018 as well as decriminalised cannabis in 2022, and in both instances, was the first Asian country to have done so.

Malaysia’s view on cannabis

Since 2018, Malaysia has been embroiled in the debate on whether to change its harsh drug laws against cannabis after a youth, Lukman Mohamad, was sentenced to death. He was found guilty of being in possession of cannabis oil, that had been processed and distributed to patients who were suffering from ailments, such as cancer, that were difficult to treat with Western medication.

His conviction and sentence, which caused an uproar among the people, propelled the Cabinet to discuss the medical benefits of cannabis, with a view to amending existing drug laws, especially over the distribution of medical cannabis.

On Nov 9, 2021, health minister Khairy Jamaluddin told the Dewan Rakyat, that pursuant to the existing legislative framework on drugs, i.e. specifically under the Dangerous Drugs Act 1952, the Poisons Act 1952, Control of Drugs and Cosmetics Regulations 1984, and the Sale of Drugs Act 1952, cannabidiol (CBD) products for medical purposes is not prohibited and just like any other controlled drugs, it can be imported and consumed as long as the prerequisite conditions of the said laws are satisfied.

The regulation of cannabis in Malaysia

What are the prerequisite conditions referred to by the health ministry?

In accordance with the prevailing drug laws of Malaysia, the following are some of the regulations to be adhered to in legalising the production and distribution of CBD products:

• (a) CBD products may only be manufactured, sold, supplied, imported, possessed or administered once it has been properly registered with the Drug Control Authority under the health ministry.
• (b) It is mandatory for parties who are interested in the business of importing and selling CBD products to apply for a licence in order to do so.
• (c) CBD products can only be dispensed and administered by a medical practitioner registered under the Medical Act 1971.
• (d) Only registered pharmacists who hold a Type A licence will be allowed to sell or supply CBD products to certain individuals based on prescriptions issued by registered medical practitioners.

The framework for registering medical CBD products is still in the midst of being finalised and it is envisaged that the National Pharmaceutical Regulatory Agency (NPRA) will only commence its assessment for the proposals to register CBD products from next year.

It is important to note that while the usage of CBD in a medical context in Malaysia is allowed, recreational use of CBD is still a criminal offence.

What’s next? – A global outlook

The next question to answer is whether the future regulation and legislation to be implemented would be sufficient to ensure that the general public will not abuse such products.

In shaping regulation, controls, licensing and enforcement, Malaysia could look at the models in other countries. Two examples are as follows:

• (a) In Alaska, the growth of cannabis for medical use is controlled per household with up to six cannabis plants being allowed to be grown for every individual that is above 21 years old. The United States has also implemented laws that ensure the cultivation of cannabis is strictly monitored by CCTV and tagged with its own RFID barcode;
• (b) In the Netherlands, as cannabis is still classified as a controlled substance under the Dutch Opium Act, the government has taken action by only giving the required opium exemptions to one company, known as Bedrocan, as a method of controlling the cultivation, import and sale of medical cannabis.

- FMT

Shaun Paulian, Nicole Lim and Yap Sher Min are with D&P Law Group, specialising in advising clients on the regulatory movements in Asean for both commercial and investment purpose.

The views expressed are those of the writers and do not necessarily reflect those of MMKtT.