Malaysia considers decriminalizing small drug possessions to tackle prison overcrowding

Malaysia’s Home Affairs Minister announced on Monday that the country is planning to enact a law that would decriminalize the possession and usage of small quantities of illicit drugs. 

The proposed legislation aims to alleviate prison overcrowding, according to the minister.

This move is part of a series of criminal justice reforms initiated by Prime Minister Anwar Ibrahim’s government.

In recent times, the government abolished the mandatory death penalty and natural-life prison terms. Additionally, they expressed their intention to decriminalize suicide attempts. 

Drug-related offenses in Malaysia, similar to many neighboring Southeast Asian nations, carry severe penalties. 

However, following recent reforms passed last month, the death penalty for drug trafficking will still be retained but will no longer be obligatory. Judges will now have the discretion to decide whether or not to impose this sentence on convicted offenders.

Under the proposed law, individuals found in possession of small quantities of illegal substances would not face prosecution but instead would be sent to drug rehabilitation centers for treatment. 

Home Affairs Minister Saifuddin Nasution shared this information with reporters, stating, “The aim is to not consider the act of possessing or using small amounts of drugs as a standard drug-related offense.” 

It is expected that a proposal for the new law will be presented to the cabinet in July for approval, followed by the tabling of a draft bill in parliament later this year.

Malaysia is recognized as a significant transit point for illegal narcotics. In 2022 alone, the police reported the arrest of nearly 29,000 individuals for various drug offenses, with the majority being drug addicts.

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