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Moreover, the proposed amendment to Act is also relevant given the recent exploits of the Ministry of Health MOH in reassessing medical marijuana in our country. However, she stressed that Malaysians or anyone entering our country that fails a urine test will be arrested and taken action against. Indeed, on 10 September , Utusan Malaysia reported that almost 20 per cent of Malaysians returning from Thailand were positive for marijuana after random urine tests conducted at the Padang Besar border and were subsequently arrested. Given the circumstances, a legal question thus arises: Can Malaysians be arrested and charged for taking marijuana while in Thailand or any other country where it is legal upon their return to home soil? Specifically, can you be charged for drug abuse as per Act while overseas? In short, no, based on current laws, a Malaysian court does not have the power to oversee criminal cases such as consuming an illegal substance under Act while overseas. This is because the matter is beyond the powers of our courts as it is simply beyond their jurisdiction. However, despite the courts not having jurisdiction to hear the case, things are not as straightforward as it sounds. Under Section 37 k of Act , if your urine tests positive for illegal substances, you are already presumed to have consumed or self-administered illegal substances as per Act Section 37 k of the said Act prescribes:. If a person is charged for an offence of consuming a dangerous drug or administering a dangerous drug to himself or suffering any other person to administer a dangerous drug to him, and any dangerous drug is found in the urine of the person charged as a result of a urine test conducted under section 31A, the person shall be presumed, until the contrary is proved, to have consumed the drug to himself or have suffered any other person to administer the drug to him in contravention of this Act or its regulations. Furthermore, Section 31 of Act also provides the power of arrest and seizure to any police officer or any officer of customs without a warrant any person whom they reasonably believed to have committed an offence against the Act. Additionally, Section 31A also provides the power to relevant authorities to conduct medical examinations such as a urine test for any person arrested on a charge of committing an offence against Act Moreover, if an individual fails a urine test, the statutory presumption under Section 37 k will apply for a charge under Section 15 of Act below:. In other words, a person can be arrested and investigated under Section 15 of Act if the relevant authorities reasonably believe that the individual has committed the offence of self-administration of illegal substances. Afterwards, if it is found that self-administration or consumption of illegal substances did occur, then the individual can be charged under Section 15 of Act When an individual is charged under Section 15 of Act , it is presumed that the accused did the act until it is proven otherwise. Furthermore, the extra-territorial nature of the offence is a defence that an accused can only make after being charged under Section 15 of Act and more importantly, it is up to the court to decide. As such is not an easy task as it could be complicated, laborious and expensive to prove such a matter in court. Not only do you need evidence that is admissible in court and potentially produce witnesses, but before your trial, you must also go through the stress of arrest, investigation and possibility of remand. Admittedly, these are all rather complicated and hypothetical due to the jurisdiction limitations of Act Moving forward, our lawmakers can make the process more straightforward by following the footsteps of another neighbouring country, Singapore. So, should Malaysia follow suit? Well, that is up to the lawmakers to sort out and decide. For more insights into the Malaysian legal system such as this, do make sure to follow us on Facebook and Instagram or visit our official website. You can also read our articles on the popular Malaysian news aggregator app Newswav here. Phone-alt Facebook Instagram Envelope. Can you be charged in Malaysia for smoking marijuana while overseas? Extra-territorial offences and the jurisdiction of Malaysian courts. The accused must rebut the statutory presumption under Section 37 k. Monday - Friday: 9.
Is Marijuana Legal in Malaysia?
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Cannabis is illegal in Malaysia, although there are plans to make exceptions for medical purposes. Individuals arrested in possession of grams seven ounces of marijuana are presumed by law to be trafficking in drugs. Individuals arrested in possession of 50 grams 1,5 ounces or less will be sentenced to imprisonment up to 10 years. Following the British acquisition of Dutch Malacca , by the British were raising taxes from the production of bhang. Cannabis restrictions in Malaysia date as far back as the Dangerous Drugs Ordinance in British Malaya prior to independence. According to Dangerous Drugs Act in Malaysia, cannabis possession is a punishable offence. The penalty five years imprisonment or a fine of up to RM20, In , public outrage over a death penalty handed to a year-old man led Malaysia to discuss legalising cannabis for medical use, which could make them one of the first nations in Asia to do so. The previous Malaysian cabinet also discussed the medicinal value of marijuana in a September meeting and started early and informal talks on amending the relevant laws. During the debate session for 12th Malaysia Plan , Syed Saddiq proposed a review for use of medical marijuana. He cites the possibility of using it as alternative medical treatment for youths suffering mental health issues, while noting the expected growth of this industry to over RM billion in next 4 years from current annual grosses of RM60 billion. This Cannabis -related article is a stub. You can help Wikipedia by expanding it. This Malaysia -related article is a stub. Contents move to sidebar hide. Article Talk. Read Edit View history. Tools Tools. Download as PDF Printable version. In other projects. Cannabis in Malaysia Location of Malaysia dark green. History \[ edit \]. Reform \[ edit \]. References \[ edit \]. Retrieved Printed at S. Smith's office. The Malayan Law Journal. Malaya Publishing House Limited. Archived from the original on Straits Times. The Star. Portals : Cannabis Malaysia. Cannabis by country. Legal history Legality by jurisdiction. Legal history Timeline Medical Non-medical Legality by jurisdiction. Legality of cannabis Annual cannabis use by country Adult lifetime cannabis use by country Cannabis political parties Timeline of cannabis law. Categories : Cannabis in Malaysia Cannabis stubs Malaysia stubs. Hidden categories: Articles with short description Short description is different from Wikidata All articles with unsourced statements Articles with unsourced statements from March All stub articles. Location of Malaysia dark green.
Buying hash Malaysia
Is Marijuana Legal in Malaysia?
Buying hash Malaysia
Buying hash Malaysia
Is Marijuana Legal in Malaysia?
Buying hash Malaysia
Buying hash Malaysia
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Buying hash Malaysia