LAWS OF MALAYSIA REPRINT Act 234 DANGEROUS DRUGS ACT 1952 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 ACT 234 Laws of Malaysia DANGEROUS DRUGS ACT 1952 First enacted ... ... ... ... ... ... 1952 (Ordinance No. 30 of 1952) Revised ... ... ... ... ... ... ... 1980 (Act 234 w.e.f 17 July 1980) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2000 Dangerous Drugs 3 LAWS OF MALAYSIA Act 234 DANGEROUS DRUGS ACT 1952 ARRANGEMENT OF SECTIONS Section 1. Short title PART I INTERPRETATION AND DEFINITIONS 2. Interpretation 3. Appointment of Drug Enforcement Officers PART II CONTROL OF RAW OPIUM, COCA LEAVES, POPPY-STRAW AND CANNABIS 4. Restriction on importation of raw opium, coca leaves, poppy-straw and cannabis 5. Restriction on exportation of raw opium, coca leaves, poppy-straw and cannabis 6. Restriction on possession of raw opium, coca leaves, poppy-straw and cannabis 6A. (Deleted) 6B. Restriction on planting or cultivation of certain plants 7. Power to regulate the production of and dealing in raw opium, coca leaves, poppy-straw and cannabis PART III CONTROL OF PREPARED OPIUM, CANNABIS AND CANNABIS RESIN 8. Application to cannabis and cannabis resin 4 ACT 234 Laws of Malaysia Section 9. Possession, etc., of prepared opium 10. Use of premises, possession of utensils and consumption of opium PART IV CONTROL OF CERTAIN DANGEROUS DRUGS 11. Extent of application of Part IV 12. Restriction on import and export of certain dangerous drugs 13. Keeping or using premises for unlawful administration 14. Administration to others 15. Self administration 16. Control of manufacture and sale of certain dangerous drugs 17. Prohibition of trade, etc., in new drugs, and power to apply Part IV with or without modifications to certain drugs PART V CONTROL OF EXTERNAL TRADE 18. Interpretation 19. Export of dangerous drugs 20. Import of dangerous drugs 21. Dangerous drugs in transit 22. Removal licences in transit 23. Drugs not to be tampered with 24. The diversion of dangerous drugs in transit 25. Exemption of preparation in the possession of travellers PART VA 25A­25P. (Deleted) PART VI ANCILLARY AND GENERAL PROVISIONS 26. Interpretation 27. Powers of inspection and seizure 27A. Power to intercept communication 28. Obstruction of inspection or search Dangerous Drugs 5 Section 29. Indemnity 30. Seizure and forfeiture of drugs, etc. 30A. Things seized may be delivered to the owner or other person 31. Power of arrest and seizure 31A. Examination of arrested person by a medical officer 31B. Procedure where investigation cannot be completed within twenty- four hours by an officer of customs 32. False declaration 33. Abetments and attempts punishable as offences 34. Abetting or procuring the commission of an offence abroad 35. Liability of officers of a company and employers and servants 36. Burden of proof 37. Presumptions 37A. Admission of statements in evidence 37B. (Deleted) 38. Ship or aircraft used for unlawful import or export 38A. Powers of the Court in respect of drug dependants below the age of eighteen 38B. Powers of the Court in respect of persons found guilty under section 15 39. General penalty 39A. Increased penalty where the subject matter is the prescribed amount of certain dangerous drugs 39B. Trafficking in dangerous drugs 39C. Increased penalty where person has prior admissions or convictions 40. Protection of informers 40A. Evidence of agent provocateur admissible 41. Jurisdiction 41A. Special provisions relating to transmission of a case to, and trial by, the High Court 41B. No bail to be granted in respect of certain offences 42. Power to conduct prosecutions 42A. Rewards 43. Licences, permits, etc., may be subject to conditions 44. Power of Minister to delegate powers and functions 6 ACT 234 Laws of Malaysia Section 45. Power of Minister to exempt certain drugs and institutions from certain provisions of the Act 45A. Power of the Minister to vary First Schedule 46. Act not to derogate from other statutory or other legal provisions and powers 47. Regulations 48. Drug Enforcement officers to be deemed public servants 49. Action of officers no offence 50. Repeal FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE Dangerous Drugs 7 LAWS OF MALAYSIA Act 234 DANGEROUS DRUGS ACT 1952 An Act to make further and better provision for the regulating of the importation, exportation, manufacture, sale, and use of opium and of certain other dangerous drugs and substances, to make special provision relating to the jurisdiction of courts in respect of offences thereunder and their trial, and for purposes connected therewith. [Peninsular Malaysia--1 November 1952, L.N. 554/1952; Sabah and Sarawak--1 June 1978, P.U. (A) 157/1978] Short title 1. This Act may be cited as the Dangerous Drugs Act 1952. PART I INTERPRETATION AND DEFINITIONS Interpretation 2. In this Act, unless the context otherwise requires-- "aircraft" includes every description of craft which may be used for the conveyance of passengers or goods by air; "cannabis" means any part of any plant of the genus Cannabis from which there is found to be present resin irrespective of its quantity, and by whatever name the plant may be designated; "cannabis resin" means the separated resin, whether crude or purified, obtained from any plant of the genus Cannabis; "coca leaves" means the leaves of any plant of the genus of the Erythroxylaceae from which cocaine can be extracted either directly or by chemical transformation; 8 ACT 234 Laws of Malaysia "Commission" means the Commission on Narcotic Drugs of the Economic and Social Council of the United Nations; "conveyance" includes ship, train, vehicle, aircraft, or any other means of transport by which persons or goods can be carried; "corresponding law" means any law stated in a certificate purporting to be issued by or on behalf of the Government of any country or territory to be a law providing for the control and regulation in that country or territory of the manufacture, sale, use, export, and import of drugs and substances in accordance with the Geneva Convention (No. 1) or of the Geneva Convention (No. 2) or of the Hague Convention or of the Protocol or of the Single Convention and any statement in any such certificate (or in any official copy thereof) as to the effect of the law mentioned in the certificate (or in any official copy thereof), or any statement in any such certificate (or in any official copy thereof) that any facts constitute an offence against that law, shall be conclusive; "dangerous drug" means any drug or substance which is for the time being comprised in the First Schedule; "Drug Enforcement Officer" means a Drug Enforcement Officer appointed under section 3 of this Act; "export", with its grammatical variations and cognate expressions, in relation to Malaysia, means to take or cause to be taken out of Malaysia by land, air or water, otherwise than in transit; "Geneva Convention (No. 1)" means the Convention concluded at the Second Opium Conference held at Geneva for the purpose of completing and strengthening the Hague Convention and signed at Geneva on 19 February 1925; "Geneva Convention (No. 2)" means the Convention concluded at a Conference held at Geneva for the purpose of supplementing the Hague Convention and the Geneva Convention (No. 1) and signed at Geneva on 13 July 1931; "Hague Convention" means the International Opium Convention signed at the Hague on 23 January 1912; "import", with its grammatical variations and cognate expressions, in relation to Malaysia, means to bring, or to cause to be brought into Malaysia by land, air or water, otherwise than in transit; Dangerous Drugs 9 "in transit" means taken or sent from any country and brought into Malaysia by land, air or water (whether or not landed or transhipped in Malaysia) for the sole purpose of being carried to another country either by the same or another conveyance; "licensed pharmacist" means a registered pharmacist who is the holder of a Type A Licence issued under the Poisons Act 1952 [Act 366]; "manufacture", in relation to a dangerous drug, includes-- (a) the making, producing, compounding and assembling of the drug; (b) the making, producing, compounding and assembling a preparation of the drug; (c) the refining or transformation of the drug into another dangerous drug; and (d) any process done in the course of the foregoing activities; "medicinal opium" means raw opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise, or mixed with neutral materials; "Minister" means the Minister charged with the responsibility for medical and health services; "offence under this Act" includes an offence under any regulation made under this Act; "opium poppy" means any plant from which morphine may be produced; "Peninsular Malaysia" has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the *Federal Territory; "poppy-straw" means all parts except the seeds of the opium poppy, after mowing; "premises" includes any house, shop, store, room, cubicle, shed, conveyance, or any place whether open or enclosed; *NOTE--Federal Territories of Kuala Lumpur and Labuan are included­see P.U. (A) 220/1985. For Putrajaya see section 1 of Act A1095. 10 ACT 234 Laws of Malaysia "prepared opium" means the substance commonly called candu and means opium prepared or re-prepared so as to be suitable for smoking or consumption otherwise and includes dross and any other residues remaining after such opium has been smoked; "Protocol" means the Protocol on Narcotic Drugs signed at Lake Success, New York, on 11 December 1946; "raw opium" means the coagulated juice obtained from any plant from which morphine may be produced, whatever its content of morphine and in whatever form the coagulated juice is, but does not include medicinal opium; "registered dentist" means a dental practitioner as defined in subsection 2(1) of the Dental Act 1971 [Act 51]; "registered dental surgeon" means a dental surgeon as defined in subsection 2(1) of the Dental Act 1971; "registered medical practitioner" means a medical practitioner registered under the Medical Act 1971 [Act 50]; "registered pharmacist" means a pharmacist registered under any written law relating to the registration of pharmacists, and includes, in Sabah or Sarawak, a person holding a qualification