Malaysian Law Dangerous Drugs Act 1952
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Presumptions

Any person who is found to have had in custody or under his control anything whatsoever containing any dangerous drug shall, until the contrary is proved, be deemed to have been in possession of such drug and shall, until the contrary is proved, be deemed to have known the nature of such drug.

Any person who is found in possession of:

  1. 15 grammes or more in weight of heroin;
  2. 15 grammes or more in weight of morphine;
  3. 15 grammes or more in weight of monoacetylmorphines;
    1. a total of 15 grammes or more in weight of heroin, morphine and monoacetylmorphines or a total of 15 grammes or more in weight of any two of the said dangerous drugs;
  4. 1,000 grammes or more in weight of prepared opium;
  5. 1,000 grammes or more in weight of raw opium;
    1. a total of 1,000 grammes or more in weight or prepared opium and raw opium;
  6. 200 grammes or more in weight of cannabis;
  7. 200 grammes or more in weight of cannabis resin;
  8. a total of 200 grammes or more in weight of cannabis and cannabis resin; otherwise than in accordance with the authority of this Act or any other written law, shall be presumed, until the contrary is proved, to be trafficking in the said drug;
  9. 40 grammes or more in weight of cocaine; or
  10. 2,000 grammes or more in weight of coca leaves,

otherwise than in accordance with the authority of this Act or any other written law shall be presumed, until the contrary is proved, to be trafficking in the said drug.

Any person who is found to have had in his possession or under his control or subject to his order any document of title relating to any dangerous drug shall, until the contrary is proved, be deemed to have known the nature of such drug.



The foregoing offence is punishable under Section 39B which is as follows:

39B Trafficking in dangerous drug
(1) No person shall, on his own behalf or on behalf of any person, whether or not such person is in Malaysia:

  1. traffic in a dangerous drug;
  2. offer to traffic in a dangerous drug; or
  3. do or offer to do an act preparatory to or for the purpose of trafficking in a dangerous drug.
Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death.



 SECTIONS  OFFENCE/DRUG TYPE    PUNISHMENT
 SEC. 39B
  • In possession of 15 gm or more heroin and morphine
  • In possession of 1,000 gm or more opium (raw or prepared);
  • In possession of 200 gm or more cannabis;
  • In possession of 40 gm or more cocaine.
Mandatory death
 SEC.39A(2)
  • In possession of 5-15 gm of heroin or morphine
  • In possession of 250 1,000 gm of opium (raw or prepared)
  • In possession of 50 200 gm of cannabis
  • In possession of 15 gm or more of cocaine
  • In possession of 750 gm or more of coca leaves
Imprisonment for life or imprisonment not less than five years and with whipping not less than 10 strokes.
 SEC. 39A (1)
  • In possession of 2-5gm of heroin or morphine
  • In possession of 5-15 gm of cocoaine
  • In possession of 20-50 gm of cannabis;
  • In possession of 100-250 gm of opium (raw or prepared);
  • In possession of 250-750 gm of coca leaves
Imprisonment not less than two years and not exceeding five years and whipping not less than three strokes but not more than nine strokes
 SEC. 6B
  • Cultivation of cannabis
Life imprisonment andwhipping not less than six strokes
 SEC.6
  • In possession of less than 5 gm of raw opium, or coca leaves or cannabis poppy plants (poppy straw) or cannabis resin or poppy
Imprisonment not exceeding five years and fine not exceeding Rm 20,000/-
 SEC.9
  • In possession of less than 100 gm of prepared opium
Imprisonment not exceeding five years and fine not exceeding RM 20,000/-
 SEC.12 (3)
  • In possession of less than 2 gm of heroin or morphine
Imprisonment not exceeding five years and fine not exceeding RM 20,000/-
 SEC.15 (a)
  • Self administration of heroin or morphine
Imprisonment not exceeding two years and fine not exceeding RM 20,000/-


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