Malaysia: abolition of the death penalty, particularly for cannabis-related crimes

Muhammad Lukman Bin Mohamad, 29-year-old Malaysian national sentenced to death for distributing cannabis oil to patients suffering from cancer and other incurable diseases, is stirring up a storm in Malaysia. His conviction initially aroused considerable public discontent, prompting the courts to temporarily suspend his sentence. The government is also considering whether to legalize medical cannabis. And the country has just announced the forthcoming suspension of the death penalty for all crimes.

A review of the death penalty

In Malaysia, certain crimes are automatically punishable by death: murder, drug trafficking, treason or rebellion against the king. However, the new Malaysian government elected last May had made campaign for the revision of certain laws national security laws considered to be outdated. Among these laws, the Dangerous Drugs Act, which provided for the death penalty for traffickers, but also the Sedition Act, used by the previous government to silence political opponents, and the Printing Presses and Publications Act which allows the government to exercise censorship.

Muhammad's case has greatly accelerated the proceedings. Following his conviction, a petition gathered 45,000 signatures asking the Attorney General to review the sentence, and even the country's Prime Minister Mahathir Mohamad declared that a review of the trial should take place. Recently, Law Minister Datuk Liew Vui Keong announced that the drafting of documents for the review of the law was almost complete, and that the Attorney General had agreed to schedule it for the next parliamentary session, which began on October 15. In the meantime, death sentences have been suspended.

This seems to be the end of the death penalty in Malaysia, a move welcomed by Amnesty International and all human rights NGOs. «All death sentences will be abolished. It's over».» said the Minister of Law. The Pardon Council will be responsible for reviewing the sentences of those condemned to death, and either transforming them or simply releasing the defendants.

Muhammad Lukman's case is not an isolated one: earlier this year, under the former government, Amiruddin Nadarajan Abdullah, nicknamed Doctor Ganja for selling edibles to over 800 patients had been sentenced to some 36 charges by three different courts, and was likely to be sentenced to death under current law.

A debate on medical cannabis

Muhammad's case has also sparked debate around the therapeutic use of cannabis. Earlier this month, the Minister of Water, Land and Natural Resources, Dr. Xavier Jayakumar, stated that the subject had been discussed at the previous cabinet meeting. He had personally declared his support for the regulation of medical cannabis.

Last Thursday, a member of parliament from the Justice and People's Party, Jason Ong Khan Lee, also declared that the government should consider legalizing medical cannabis, particularly for cancer patients. He reported that the National Cancer Society estimates that a quarter of the population over 75 suffer from cancer. According to him, some of the active ingredients in cannabis are effective in relieving the side effects of cancer or its therapy, and this is indeed a common use of therapeutic cannabis.

He takes the example of Western countries that have legalized, but advises that studies be carried out, in the image of neighboring Thailand, It's true that Malaysia shouldn't be too far behind, but we also need to proceed carefully and ensure that changes are made in line with the Malaysian context,« he declared.

In his view, the first step should be to decriminalize cannabis, as regulation will take time and, for the time being, patients obtain their supplies from unregulated sources. «We should at least reclassify cannabis to make it legal but for controlled use,» he said. This is also the opinion of the Minister of Water, Land and Natural Resources. He also suggests reviewing the verdicts of cases associated with the criminalization of cannabis, and adds: «Since legalization is very much possible in the future, we should start by showing compassion and humanity towards Muhammad Lukman, as he deserves clemency».