KUALA LUMPUR – Malaysia’s current drug laws do not align with the Health Ministry’s (MoH) recent statement on the usage of marijuana for medicinal purposes.
In the Dewan Rakyat today, Ramkarpal Singh (Bukit Gelugor-PH) said while he welcomes the clarification made by MoH, the announcement does not reflect statements made by the nation’s judicial branch – particularly the Federal Court’s decision on Muhammad Lukman Mohamad, also known as Dr Ganja.
Lukman, an alternative health practitioner, had used cannabis oil to treat his patients when the usage of regular medicines proved ineffective against their ailments.
He was sentenced to death on August 30, 2018, under the Dangerous Drugs Act 1952 (DDA) for trafficking 3.1 litres of cannabis oil, 279g of compressed cannabis, and 1.4kg of substances containing tetrahydrocannabinol.
He was spared the death sentence on February 17 this year when the Federal Court allowed his appeal on two counts of trafficking, but his guilty status was upheld under Section 9 of DDA for possession, and had been sentenced to five years in jail on each charge.
“According to the Federal Court, a minister charged with medical and health responsibilities may authorise the cultivation of marijuana for medical purposes, but to date, no such authorisation has been granted,” Ramkarpal said.
“If the government’s stand is in line with what has been said by MoH, then provisions under DDA must be amended.
“Cannabis must be decriminalised by removing it from the First Schedule of DDA, or at least provide a defence for those using the substance medicinally,” he urged, recommending that all cannabis-related cases be reviewed.
On Tuesday, Health Minister Khairy Jamaluddin had clarified that existing laws do not prevent the usage of marijuana for medicinal purposes.
The existing laws comprise DDA, the Poisons Act 1952, and Sale of Drugs Act 1952. – The Vibes, November 11, 2021
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