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Friday 3 May 2019

Cannabis and Malaysia

A man in Malaysia, who was distributing cannabis as medication for cancer patients, was given the death penalty. Subsequently following national and international outcry and even opposition from the Malaysian Prime Minister, the sentence was reduced. Following this, through multiple Parliament sessions, the laws were reworked so that cannabis could be prescribed for serious medical conditions. Malaysia, being one of the more regressive countries along with Indonesia, Singapore and the Philippines when it comes to drug laws with even the death penalty for cannabis sales, has looked to modify its laws on cannabis as international awareness of the medicinal properties of cannabis emerges from North America and Europe. Certain institutions have been authorized by the government to oversee and further research the implementation of medical cannabis. Most of the measures may be cosmetic, an image makeover by an authoritarian government reluctant to relinquish control over its people.

Malaysia has been taking various steps such as needle exchange programs to reduce the harms due to heroin, methamphetamine and other needle based addictions that are fueling a HIV epidemic in the country. If the lawmakers are serious about public health then cannabis should be looked at as the primary harm reduction method as it provides a safe alternative to needle based deadly drugs like heroin and methamphetamine. 
 
While the lawmakers attack and control the medicinal safe recreation herb and its users, the real villains run rampant in Malaysian society. Traditionally, Malaysia's proximity to China and Myanmar meant that opiates were the key drug of concern. However, it is methamphetamine that now rules the roost. For some time, Iran was one of the main sources of methamphetamine to Malaysia. In recent times the equation has changed with East and South East Asia emerging as a global methamphetamine hub in close proximity to Malaysia, as per the United Nations Office of Drug Crime's World Drug Report 2020. The reports says - 'In 2018, by contrast, 66 per cent of all the methamphetamine seized in that subregion was seized in Thailand, followed by Indonesia (8 per cent) and Malaysia (8 per cent) and only then by China (6 per cent), reflecting underlying shifts in the methamphetamine market in South-East Asia, that is, a decline in the methamphetamine market in China in parallel with ongoing increases in the ASEAN countries.'  Increased production of methamphetamine has resulted in dropping prices, which means more people accessing it. 'Thus, there have been sharp increases in methamphetamine-related treatment admissions reported in recent years by several countries in South-East Asia, including a more than 30-fold increase in the number of treatment admissions for the use of methamphetamine reported by Malaysia over the period 2011–2018.''  A study published in PubMedCentral speaks of the social damage caused by methamphetamine - 'Ahmad Hatim conducted a study on methamphetamine dependence in Malaysia, and the results showed that the prevalence of psychiatric co-morbidity among these people was 54.4%, the prevalence of suicide was 12.1, and 47.9% of these people had high levels of methamphetamine-induced psychosis.''
 
Malaysia has also emerged as a key embarkation point for methamphetamine distribution to other countries, particularly Australia and New Zealand.
 
Cannabis should not be looked at as a violation of religious laws as the plant has been used for thousands of years in all parts of Asia for medicinal, recreational and social purposes. The plant itself has been around for nearly 28 million years. Instead it should be looked at as a creation of nature and a safe natural alternative to the dangerous legal drugs alcohol and tobacco as well as man made synthetic drugs such as pharmaceutical opioids, heroin, synthetic cannabinoids, methamphetamine and novel psychotropic substances
 
Legalizing cannabis will prove significantly beneficial for the youth, the elderly and those suffering from a number of serious medical conditions without access to affordable medicine. Legalization will also enable law enforcement to focus its time and resources on violent crimes, theft, financial crimes, money laundering, etc. It will help to release persons who have been wrongfully confined in prisons due to an improper and wrong law that saw the world wide prohibition of cannabis to benefit those who are opposed to it. It will provide the small farmer and poor indigenous communities with a precious additional agricultural crop that is sustainable and has many industrial and medicinal applications besides boosting the tourism, economy, wellness, universal healthcare, food and beverage industries.

Malaysia, along with Thailand and South Korea, appeared to be some of the early movers in Asia in the direction of cannabis legalization, though primarily only for medical purposes. All these moves now appear to be smoke screens created by the governments of these countries that continue to try and keep their people on a tight leash. There are some strong supporters of legalization in Malaysia but there is also strong opposition from a traditionally conservative population. For cannabis to truly be effective, it needs to be made legal for adult recreational use and home growing so that the persons who need it the most, the poorest of the poor who suffer the most under law enforcement, the sick, the elderly, the minorities, youth, women, indigenous tribal communities, etc can access it. Making cannabis legal for medical purposes only is just one more way for the medical industry and pharmaceutical companies to gain control over the medicinal plant and charge high prices for it, making huge profits in the name of health. Another powerful opponent of cannabis legalization in Malaysia is the petrochemical industry. This industry stands to lose significantly as well if a legal cannabis industry grows replacing many of the petrochemical based products with sustainable and biodegradable hemp based products. The tobacco industry which has an expanded footprint in Malaysia with the traditional curbs on alcohol also would do all it can to resist cannabis legalization.
 
It remains to be seen how Malaysia progresses with its cannabis legalization policies. 

In December 2020,  the UN voted to remove cannabis from its most restricted Schedule IV category of the 1961 Single Convention on Narcotic Drugs. It does however still remain in Schedule I, which is the least restrictive. This one move by the UN itself should be sufficient to bring about the recreational legalization of cannabis in every nation and an overhaul of national drug laws. 
 
It must be noted that in most places where cannabis legalization has happened it took the efforts of the people who mobilized themselves through grassroots level movements to bring about this change. Left to lawmakers legalization would have been impossible, as the main interests of lawmakers concern the protection of the big industries opposed to cannabis such as pharmaceuticals, petrochemicals, medical, alcohol and tobacco. For something that truly benefits the people, the people themselves have had to make the change.

Listed below are articles taken from various media related to the above subject. Words in italics are the thoughts of your truly at the time of reading the article.    


'Most of the clandestine methamphetamine manufacture in the Near and Middle East/South-West Asia has traditionally been in the Islamic Republic of Iran, being manufactured both for the local market and for export to countries in East and South-East Asia (including Indonesia, Malaysia and Thailand) as well as for export to Central Asia and the Caucasus (Azerbaijan, Georgia and Tajikistan) and to Europe (including Bulgaria, France, the Russian Federation, Turkey and the United Kingdom). However, the Islamic Republic of Iran is not the main source of the methamphetamine found in other countries in the Near and Middle East/SouthWest Asia (with the exception of Iraq and the Syrian Arab Republic). The main source countries for other countries in this subregion seem to continue to be countries in East and South-East Asia. The extent of clandestine methamphetamine manufacture in the Islamic Republic of Iran actually appears to be declining, while manufacturing is rapidly increasing in neighbouring Afghanistan.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_BOOKLET_4.pdf


'The growth of methamphetamine consumption in the world as well as in Iran has become an important problem for the health sector at the individual and social levels.

 Ease of production, uncommon compounds, and different degrees of purity, low cost and high income, easy availability, simple and little needed equipment, the possibility of mass production, and difficulty in identifying laboratories make its trade very lucrative. However, it can cause a lot of dangers, such as explosion, burns, lung burns and even cancer, for manufacturers and those who are near the places of production and exposed to waste.

The regular methamphetamine use can lead to long-term harmful effects. Ahmad Hatim conducted a study on methamphetamine dependence in Malaysia, and the results showed that the prevalence of psychiatric co-morbidity among these people was 54.4%, the prevalence of suicide was 12.1, and 47.9% of these people had high levels of methamphetamine-induced psychosis.'
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7227073/

 
'The Court of Appeal today said there was no evidence from the authorities to prove that marijuana has medicinal properties to treat patients with cancer.

 In the written judgement against a “medical marijuana distributor”, Muhammad Lukman bin Mohamad, who was sentenced to death, the court said manufacturing marijuana and its related substances are subject to the Dangerous Drugs Act (DDA).

 "There is no supportive evidence from any medical bodies or the health ministry to confirm his contention that the drug possesses medicinal properties and is, therefore, beneficial to the public,” said Court of Appeal judge Zabariah Mohd Yusof'
https://www.freemalaysiatoday.com/category/nation/2020/05/22/no-evidence-marijuana-can-help-cancer-patients-says-appeals-court/


'The region with the next largest number of methamphetamine laboratories dismantled was Asia, accounting for 6 per cent of the global total in the period 2014–2018. Most of these facilities were dismantled in China and the Islamic Republic of Iran, which together accounted for 94 per cent of all reported laboratories dismantled in Asia, while some clandestine methamphetamine laboratories were also dismantled, in descending order of importance, in Malaysia, the Philippines, Indonesia, India, the Republic of Korea, Myanmar and Hong Kong, China. In addition, the clandestine manufacture of methamphetamine has been reported in recent years by Afghanistan and Iraq.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'Quantities of methamphetamine seized in East and South-East Asia increased eightfold over the period 2009–2018, to close to 100 tons, and preliminary data for 2019 show further strong increases in the quantities of methamphetamine seized, in particular in South-East Asia, with increases reported in 2019 by, among other countries, Brunei Daraussalam, Cambodia. Hong Kong, China, Indonesia, Japan, the Lao People’s Democratic Republic, Myanmar, the Philippines, Singapore and Viet Nam. In most years in the past decade the largest quantities of methamphetamine seized in East and South-East Asia were reported by China. In 2018, by contrast, 66 per cent of all the methamphetamine seized in that subregion was seized in Thailand, followed by Indonesia (8 per cent) and Malaysia (8 per cent) and only then by China (6 per cent), reflecting underlying shifts in the methamphetamine market in South-East Asia, that is, a decline in the methamphetamine market in China in parallel with ongoing increases in the ASEAN countries.' - United Nations Office on Drugs and Crime, World Drug Report 2020,
https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'All in all, tablet and crystalline methamphetamine prices in several countries in the region reached their lowest level over the past decade despite a record number of seizures being made every year during the same period. The decrease in prices also appears to have contributed to an increase in the use of methamphetamine and, subsequently, in more methamphetamine-related treatment demand. Thus, there have been sharp increases in methamphetamine-related treatment admissions reported in recent years by several countries in South-East Asia, including a more than 30-fold increase in the number of treatment admissions for the use of methamphetamine reported by Malaysia over the period 2011–2018.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'This shift from China as the main location of methamphetamine manufacture and trafficking to other countries in East and South-East Asia is also indirectly reflected in trafficking data reported by Australia. China and Hong Kong, China, were the two main embarkation points for methamphetamine trafficked to Australia in 2015, whereas in the fiscal years 2016/17 and 2017/18 the most important embarkation points were the United States, followed by Thailand and Malaysia. In fact, in 2018, the Australian authorities reported that the importance of China as a source country for methamphetamine had declined while there has been an emerging trend in the growth of quantities of seized methamphetamine originating in South-East Asia, mainly in the Mekong region, including the Lao People’s Democratic Republic, Myanmar and Thailand.' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'Most of the methamphetamine available in East and South-East Asia is sourced within the subregion. The dynamics of methamphetamine manufacture and trafficking within that subregion are, however, less well understood than in others as the available indicators show partly contradictory patterns. Although in previous years, China and Myanmar were identified as the most frequently identified countries of “origin”, “departure” and “transit” in East and South-East Asia, manufacture of methamphetamine may now be more widely spread across the subregion, although it is not clear whether frequently mentioned departure countries, such as Malaysia or Thailand, are also the countries of origin or mainly transit countries for methamphetamine manufactured in Myanmar. In fact, Myanmar reported Thailand and the Lao People’s Democratic Republic as main destination countries for methamphetamine shipments in 2018, while Malaysia reported Thailand as the main departure country' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'While methamphetamine trafficking flows from East and South-East Asia to countries outside the subregion remain modest, some smuggling to destinations around the world was reported, mainly smuggling from Malaysia, Thailand and Myanmar in 2018 or, when the period is extended to the past five years, mainly from China and Thailand. Destinations outside the subregion included countries in South Asia, the Near and Middle East (Saudi Arabia as well as Israel), Oceania (Australia and New Zealand), North America (the United States as well as Canada), Western Europe (notably Switzerland as well as Italy, Germany, France, Spain and Iceland), Eastern Europe (notably the Russian Federation) and Africa (notably South Africa) over the period 2014–2018' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


'Methamphetamine found in Australia and New Zealand is both locally manufactured and, to a larger extent, imported from North America and Asia. In the fiscal year 2017/18, methamphetamine was mainly smuggled into Australia from the United States, followed by Thailand, Malaysia, the United Arab Emirates, Canada, China (including Hong Kong, China), Mexico, Lebanon, Viet Nam and India. The United States was also the main source country of the methamphetamine found in New Zealand in 2018, followed by Canada and, in SouthEast Asia, by Malaysia and the Lao People’s Democratic Republic' - United Nations Office on Drugs and Crime, World Drug Report 2020, https://wdr.unodc.org/wdr2020/field/WDR20_Booklet_3.pdf


Afghanistan and Mexico source the heroin and morphine. Mexico, Thailand, Myanmar and China source the methamphetamine. The Middle East and Eastern Europe sources the amphetamine. The US consumes heroin, cocaine and methamphetamine. Europe consumes heroin, morphine, methamphetamine and amphetamine. Asia consumes heroin, morphine and methamphetamine. Australia consumes methamphetamine. The Middle East consumes heroin and amphetamine. West Asia consumes heroin and methamphetamine. All countries grow and consume cannabis. Opioids, methamphetamine and amphetamines kill the most in terms of drug deaths, cannabis kills none. Who are the leading opponents to cannabis legalization and leading enforcers of global anti-cannabis policy? The countries involved the most in heroin, morphine, amphetamines and methamphetamines. They put on a mask of concern about harms from drugs, produce, sell and consume the most dangerous synthetic drugs and vehemently oppose cannabis legalization worldwide while clandestinely feeding their habits and protecting their sources. They use arms and armies to protect and promote their synthetic drug habits, and drug money to fund and wage a war on cannabis everywhere, pushing man and planet ever closer to death on massive scales and away from the safe, healing cannabis herb...
Jul 10, 2020, 1:14 PM

 
'Malaysian Prime Minister Mahathir Mohamad on Tuesday came to the defense of a man facing the death penalty for selling cannabis oil to patients, saying his sentence should be reviewed.'
https://www.reuters.com/article/us-malaysia-cannabis/malaysian-pm-urges-review-of-death-penalty-for-man-who-sold-medicinal-cannabis-idUSKCN1LY1QB


'THE Vice President of one of Malaysia’s biggest ruling parties has confirmed that the government will come up with a bill to decriminalise medical marijuana to be debated in parliament.

Nurul Izzah Anwar, the parliamentarian for Permatang Pauh from the People’s Justice Party (PKR) said, however, that it may take some time before the bill could be presented in parliament.'
https://asiancorrespondent.com/2018/10/bill-to-decriminalise-medical-pot-in-the-works-says-malaysian-lawmaker/


'Marijuana can be cultivated for medicinal purposes in Malaysia, all you need is to obtain permission from the Minister of Health, according to National Anti-Drug Agency Director General, Datuk Seri Zulkifli Abdullah.

Speaking to Harian Metro, he said there is a provision in the Malaysian law that allowed for the cultivation of the cannabis plant in the country provided that it met some special conditions or permissions.'
https://www.soyacincau.com/2019/02/10/medical-marijuana-malaysia/


'The challenge for Malaysia, which still imposes capital punishment for some drug trafficking offences, is how to draft new laws that are specific enough to differentiate marijuana for medical as opposed to recreational and other uses. The Ministry of Health, which has the final say, remains skeptical about the medicinal value of cannabis due to lack of proof, Xavier said.'
https://www.bloomberg.com/news/articles/2018-09-25/malaysia-in-talks-to-become-first-in-asia-to-allow-medical-pot


'Harm reduction in Malaysia still faces many challenges, including excessively harsh drug laws. (Hanging remains a sentencing option even for marijuana.) The country relies mainly on NGOs to supply needles and syringes. But as Kamarulzaman wrote in a commentary in the 15 June 2013 issue of The Lancet titled “Fighting the HIV epidemic in the Islamic world,” harm reduction advocacy in both Malaysia and Indonesia has succeeded in part because it has emphasized “Islamic values about the preservation of life.”'
http://science.sciencemag.org/content/345/6193/164


'The case of Mr. Mohamad, the cannabis oil seller, helped focus attention on the unfairness of imposing a mandatory death sentence in drug trafficking cases even when they involved the sale of relatively small amounts, said Mr. Ramkarpal, who has long opposed the death penalty.'
https://www.nytimes.com/2018/10/11/world/asia/malaysia-death-penalty-repeal.html



'Lukman, a 29-year-old father of one, provided cannabis oil to patients who were suffering from ailments that were difficult to treat with legal medicines. Lukman did not profit from this, and would provide cannabis oil for free to patients who could not afford it. Despite the lack of financial gain from his endeavour, his offences fall under section 39B of Malaysia’s Dangerous Drugs Act 1952. This stipulates that “Any person who [traffics an illegal drug] shall be guilty of an offence against this Act and shall be punished on conviction with death”.'
https://www.talkingdrugs.org/death-sentence-for-malaysia-man-who-gave-patients-free-cannabis-oil


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