Cannabis in Malaysia

One of the strictest legal frameworks in the world

Cannabis is classified as a Schedule I controlled substance under the Dangerous Drugs Act of 1952, which governs all controlled substances in the country. No use—whether recreational or medical—is legal under this law, except for a very narrow exception established in 2019 for certain pharmaceutical drugs containing CBD and 0.% of THC, which are prescribed for specific conditions such as epilepsy.

Penalties are graded according to the amount possessed:

• simple possession : up to 5 years in prison and a fine of up to 20,000 ringgit (approximately 4,000 €); ;
• possession of 20 to 50 g : up to 5 years in prison and a fine, with possible caning (flagellation); ;
• 200 g of cannabis (or 50 g of resin) or more : legal presumption of drug trafficking, punishable by death or life imprisonment with a minimum of 12 strokes of the cane; ;
• growing a single plant : a minimum sentence of 3½ years in prison and 6 strokes of the cane.

The burden of proof rests with the defendant, who must prove that the seized substance does not belong to him or her—a principle that has drawn widespread criticism of Malaysia from human rights organizations.

The End of the Mandatory Death Penalty

The most significant turning point in recent years remains the’Abolition of the Mandatory Death Penalty Act of 2023, which took effect in April 2023 and ended the automatic imposition of the death penalty for drug trafficking: judges now have discretion and may impose life imprisonment instead of the death penalty. However, the death penalty remains a legal option, and the country continues to impose it in drug trafficking cases.

This reform follows several high-profile cases, notably that of Muhammad Lukman Mohamad, a young engineer sentenced to death in 2015 for distributing cannabis oil free of charge to cancer patients—a sentence that sparked a nationwide outcry— or the case of French national Tom Félix, who was detained for more than 21 months before finally being acquitted.

Toward the Decriminalization of Personal Possession

The government of Prime Minister Anwar Ibrahim has launched a broader reform of drug policy. A bill currently being drafted would require individuals arrested for using or possessing small amounts of drugs to be referred directly to rehabilitation centers (under the auspices of the National Anti-Drug Agency, AADK), rather than to the traditional criminal justice system. According to Malaysian health authorities, 85 % of drug-related arrests involve users or very small quantities, rather than trafficking—a figure that supports the case for a health-based approach rather than a punitive one.

However, this development remains limited to criminal law: it does not in any way alter the illegal status of cannabis itself, and the Dangerous Drugs Act has not been amended accordingly. Any claim that cannabis has been «decriminalized» in Malaysia would therefore be inaccurate at this time.

Key Takeaways

• Malaysia has one of the the strictest anti-drug laws in Asia, with the death penalty still in effect for drug trafficking.
• The The death penalty is no longer automatic Since the 2023 reform: Judges now have discretion.
• A a very narrow medical exception has been in effect since 2019 for certain CBD medications containing 0.% of THC.
• A reform in the works aims to steer drug users toward rehabilitation rather than prison, without changing the illegal status of cannabis.

Find all the latest Newsweed coverage here on developments in Malaysia’s drug policy and the country’s high-profile legal cases.