KUALA LUMPUR – Health Minister Khairy Jamaluddin has clarified that existing laws do not prevent the usage of marijuana for medicinal purposes.
“Existing laws that regulate the use of cannabis and its byproducts do not hinder its usage for medical purposes,” he said in a written parliamentary reply to Muar MP Syed Saddiq Syed Abdul Rahman yesterday.
The existing laws comprise the Dangerous Drugs Act 1952, Poisons Act 1952, and Sale of Drugs Act 1952.
Syed Saddiq had asked the health minister to state Malaysia’s position regarding the usage of hemp and medical marijuana as alternative medicine that can be offered to patients.
The Muar MP pointed out that such alternative treatment is practised in other countries, and has been recognised by international medicine communities.
In response, Khairy cited the three acts as laws that allow the import and usage of medical marijuana products as long as several legal requirements are met.
According to the Health Ministry, the product must be registered with the Drug Control Authority (DCA), in accordance with the Control of Drugs and Cosmetics Regulation 1984 (CDCR) under the Sale of Drugs Act.
The import and wholesale trading of the product must also be conducted by a licensed importer with a permit under CDCR, the Poisons Act, and Dangerous Drugs Act.
The sale or retail supply of such products for the purpose of medical treatment must be carried out by a medical practitioner registered under the Medical Act 1971, or by a registered Type A licensed pharmacist, to patients with prescriptions.
“If there are parties who have sufficient scientific proof of a need to use cannabis (hemp) for medicinal purposes considering aspects of quality, safety, and effectiveness, they can then apply to DCA for the product to be evaluated and registered under CDCR,” he said, adding that it will allow the product to be marketed and sold in Malaysia.
He said major controls on the listed materials are limited to medical and scientific purposes involving production, manufacturing, exporting, importing, distribution, trading, usage, and ownership.
He also cited Article 28 of the Single Convention on Narcotic Drugs 1961 that states the convention does not apply to the cultivation of the cannabis plant for exclusively industrial and horticultural purposes. – The Vibes, November 9, 2021
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