Decriminalization of Minor Drug Offenders in Malaysia Enhances the Rehabilitative Aspect of Drug Addicts, Reduces the Problem of Prison Overpopulation and the Treatment Gap between the Arrested and Voluntereed Drug Addicts

Every year, there is an average of about 25,000 drug addicts are arrested nationwide as it is a crime to use or possess drugs under Malaysian law. A new law is expected to be tabled in Parliament to change the approach towards drug users and addicts. Drug abusers and addicts will be rehabilitated instead of being sent to jail when the proposed Drugs and Substance Use Act replaces the Drug Dependants (Treatment & Rehabilitation) Act 1983. Applying qualitative study, this article will discuss the present laws on drug abusers and addicts especially the conviction under section 15 of Dangerous Drugs Act 1952 (DDA) and the application of the Drug Dependants (Treatment & Rehabilitation) Act 1983 (DDTR). The authors support the decision to decriminalize possession and self-administration of small quantities of drugs in order to enhance the rehabilitative aspect in overcoming relapse cases as well as to reduce the prison overcrowding problem and the gap in treatment between the arrested and volunteered drug addict.