DANGEROUS DRUGS ACT 1952 (ACT 234)

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 the purposes connected therewith.

1. Short title.
This Act may be cited as the Dangerous Drugs Act , 1952

PART I

INTERPRETATION AND DEFINITIONS

2. In this Act, unless the context otherwise requires –

“aircraft” includes every description of craft which many be used fir the conveyance
of passengers or goods by air;

“Board of Visitors” (Repealed by Act 283)

cannabis” means any part of any plant of the genus Cannabis from which there is
found to be present resin irrespective if 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;

“Commission” means the Commission on Narcotics Drugs of the Economic and

Social Council of the United Nations;

“conveyance” includes ship, train, vehicles, air -craft, 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 low 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 provisions of 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 certifica te (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;

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 “crude cocaine” (Repealed)

“dangerous drug” means any drug or substance which is for the time being comprised
in the FIRST SCHEDULE.

“Director General” (Repealed)

“detention centre (Repealed)

“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
provisions of the Hague Convention and signed at Geneva on the 19t h day of 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 the 13th day of July, 1931;

“Hague Convention” means the International Opium Convention signed at the Hague
on the 23rd day of 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;

“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;

“Inspector” (Repealed)

“licensed pharmacist” means a registered pharmacist who is the holder of a Type A

Licence issued under the Poisons Act 1952; (A 1025)

“manufacture”; in relation to a dangerous drug, includes –

(a) the making, producing, compounding and assembling of the drug;

(b) the ma king, producing, compounding and assembling a preparation of the drug;

(c) the refining or transformation of the drug into another dangerous drug; and

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 (d) any process done in the course of the foregoing activities; (A 1025)

“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” where for the purpose of the Act; Minister means the Minister charged
with the responsibility for medical and health services;

“offence under this Act” includes as offence under any regulation made under this
Act’

“opium poppy” means any plant from which morphine may be produced,

“premises” includes any house, shop, store, room, cubicle, shed, conveyance, or any
place whether open or enclosed.

“Police officer” (Repealed)

Poppy-straw” means all parts except the seeds of the opium poppy, after mowing;

“prepared opium” means the substance commonly called chandu 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 the 11th day of 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 medical opium;

“registered dentist” means a dental practitioner as defined in section 2(1) of the

Dental Act 1971 ;

“registered dental surgeon” means a dental surgeon as defined in section 2(1) of the
dental Act 1971;

“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 recognized by the Director of Medical Services in Sabah or Sarawak, as the
case may be, as a sufficient guarantee of the possession of the requisite knowledge and
skill for the efficient practice of the profession of a pharmacist;

“ship” included every description of ship, boat or craft used in navigation, whether
propelled by oars or otherwise, or used for the carriage or storage of goods;

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 “Single Convention” means the Single Convention on Narcotic Drugs signed at New
York on the 30t h day of March, 1961;

“Subordinate court” has the meaning assigned thereto in section 3 of the Courts of
Judicature Act 1964;

“syringe” means any instrument suitable for the administration of hypodermic

injections;

“trafficking ” is defined as including the doing any of the following acts, that is to
say, manufacturing, importing, keeping, concealing, buying, selling, giving, receiving,
storing, administering, transporting, carrying, sending, delivering, procuring, supplying
or distributing any dangerous drugs otherwise than under the authority of this Act or the
regulations made under the Act; (A 1167)

“veterinary surgeon” has the meaning assigned thereto in the Veterinary Surgeons
Act 1971;

“West Malaysia” has the meaning assigned thereto in section 3 of the Interpretation
Act 1967, and includes the Federal Territory;

“written law” has the meaning assigned thereto in the Interpretation Act 1967.

Appointment of Drug Enforcement Officers.

3. The Yang di-Pertuan Agong may appoint such persons as he may think fit to the
Drug Enforcement Officers for the purposes of this Act.

PART II

CONTROL OF RAW OPIUM, COCA LEAVES,

POPPY-STRAW AND CANNABIS

Restriction on importation of raw opium, coca leaves, poppy-straw and cannabis.

4. (1) No person shall import into Malaysia and raw opium, coca leaves,
poppy-straw or cannabis except under and in accordance with the authorization
of the Minister and into such ports or places as may be prescribed by such authorization.

(2) Any person who contravenes the provisions of this section shall be guilty
of an offence aga inst this Act, and shall be liable on conviction to imprisonment for a
term not exceeding five years and not less than three years.

Restriction on exportation of raw opium, coca leaves, poppy-straw and cannabis.

5. (1) No person shall export from Malaysia any raw opium, coca leaves,
4.

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 poppy-straw or cannabis except under and in accordance with the authorization of the
Minister and from such ports or places as may be prescribed by such authorization.

(2) If a any time the importation of raw opium, coca leaves, poppy-straw or
cannabis into any country of territory is prohibited or restricted by the laws of that
country or territory, there shall, while that prohibition or restriction is in force, be
attached to every authorization issued under this Part authorizing the exporting of raw
opium, coca leaves, poppy-straw or cannabis from Malaysia such conditions as appear to
the Minister necessary for preventing or restricting, as the case may be, the exportation or
raw opium, coca leaves, poppy-straw or cannabis from Malaysia to the country or
territory during such time as the importation of raw opium, coca leaves, poppy-straw or
cannabis into that country or territory is so prohibited or restricted, and any such
authorizations issued before the said prohibition or restriction came into force shall, if the
Minister so directs, be deemed to be subject to the like conditions.

(3) Any person who contravenes the provisions of this section or of any
condition attached or applicable to any authorization under subsection (2) shall be guilty
of an offence against this Act and shall be liable on conviction to imprisonment for a term
not exceeding five years and not less than three years.

Restriction on possession of raw opium, coca leaves, poppy-straw and cannabis

6. Any person who keeps or has in has possession, custody or control any raw
opium, coca leaves, poppy-straw or cannabis or the seeds of the plants from which they
may be obtained either directly or indirectly, except under and in accordance with an
authorization such as is referred to in section 4 and 5 or with any regulation made under
section 7 thereof, shall be guilty of an offence against this Act and liable on conviction to
a fine of not exceeding twenty thousand ringgit or to imprisonment for a term not
exceeding five years or to both.

6A. (Repealed by Act A553)

Restriction on planting or cultivation of certain plants.

6B (1) No person shall –

(a) either on his own behalf or on behalf of any other person, plant or
cultivate any plant from which raw opium, coca leaves, poppy-
straw or cannabis may be obtained either directly or indirectly;

(b) allow any plant, from which raw opium, coca leaves, poppy-straw
or cannabis may be obtained either directly, to be planted or
cultivated by some other person on land owned or occupied by him
or in any receptacle on such land; or

(c) allow any plant, from which raw opium, coca leaves, poppy-straw
or cannabis may be obtained either directly or indirectly, planted or
cultivated by some other person on land owned or occupied by him
or in any receptacle on such land, to remain on such land or in such
receptacle.

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 (2) Nothing in this section shall be construed to prevent the Minister from
authorizing any public officer to plant or cultivate any plant, from which raw opium, coca
leaves, poppy straw and cannabis may be obtained either directly or indirectly, in places
and on such terms and conditions as may be specified in such authorization for research,
educational, experimental or medical purposes.

(3) Any person who contravenes the provisions of this section shall be guilty of
an offence against this Act and shall be punished on conviction with imprisonment for
life and with whipping of not less than 6 strokes.

(4) Any person found on land or who occupies land on which, or any person,
found in possession of any receptacle in which, any plant, from which raw opium, coca
leaves, poppy straw and cannabis may be obtained either directly or indirectly, is planted
or cultivated shall be presumed, until the contrary is proved, to be the person who planted
or cultivated such plant.

Power to regulate the production of and dealing in which raw opium, coca leaves,
poppy straw and cannabis .

7. (1) The Minister may make regulations for prohibiting, controlling and
restricting the cultivation, production, possession, sale and distribution of which raw
opium, coca leaves, poppy leaves, poppy straw and cannabis .

(2) All such regulations shall be made in accordance to section 47.

PART III

CONTROL OF PREPARED OPIUM, CANNABIS AND CANNABIS RESIN

Application to cannabis and cannabis resin.

8. In this Part any reference to prepared opium or opium shall be construed as including
a reference to cannabis, cannabis resin and substances of which such resin forms the base.

9. (1) No person shall -

(a) import into or export from Malaysia; or A 1167

(b) keep or have in his possession, custody or control; or
(c) manufacture, sell or otherwise deal in,
any prepared opium .

(2) Any person who contravenes any of the provisions of subsection (1) shall be
guilty of an offence against this Act and shall be liable on conviction to a fine not
exceeding twenty thousand ringgit or to imprisonment for a term not exceeding 5 years
or to both.

Use of premises possession of utensil and consumption of opium

10. (1) If any person -

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 (a) being the owner or occupier of any premises permits those premises
to be used for the purpose of making prepared opium or for the sale
or the smoking or consumption otherwise of prepared opium; or

(b) is concerned in the management of any premises used for any such
purposes as aforesaid,

he shall be guilty of an offence against this Act and shall be liable on conviction to a fine
not exceeding ten thousand ringgit or to imprisonment for a term not exceeding 3 years
or to both.

(2) If any person -

(a) has in his possession any pipe or other utensil for use in connection
with the smoking of prepared opium, or any utensil used in the
preparation of opium for smoking or consumption otherwise; or

(b) smokes or otherwise consumes prepared opium or frequents any

place or places used for the purpose of smoking or otherwise
consuming prepared opium,

he shall be guilty of an offence against this Act and shall be liable on conviction to a fine
not exceeding five thousand ringgit or to imprisonment for a term not exceeding 2 years
or to both.

(3) In this section “consume” with its grammatical variations means eat, chew,
smoke, swallow, drink, inhale, or introduce into the body in any manner or by any means
whatsoever.

PART IV

CONTROL OF CERTAIN DANGEROUS DRUGS

11. (1) Th is Part applies dangerous drugs listed in Parts III, IV and V of the First
Schedule.

(2) If it appears to the Minister that any other derivative of cocaine or morphine
or of any salts of cocaine or morphine or of any other alkaloid of opium or any other drug
of whatever kind or any substance whatever is likely to be productive, if improperly used,
or is capable of being converted into a substance which is, or is likely to be productive, if
improperly used, of ill effects substantially of the same character or nature as or
analogous to those produces by cocaine or morphine, the Minister may by order declare
that this Part shall apply to that derivative or alkaloid or other drug or that substance in
the same manner as it applies to the drugs mentioned in subsection (1).

(2) The Minister may order amend Parts III, IV and V of the First Schedule by
including therein any drug or substance in respect of which an order has
been made under the provisions of subsection (2) or by removing
therefrom any drug or substance which has been exempted from the

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 provisions of this Act and by an order or regulations made under the
provisions of section 45.

Restriction on import and export of certain dangerous drugs.

12 (1) No person shall except under the authorization of the Minister –

(a) import into Malaysia any dangerous drugs specified listed in Parts
III, IV and V off the First Schedule; or

(b) export from Malaysia any dangerous drugs specified listed in Parts
III, and IV off the First Schedule .

(2) No person shall have in his possession, custody or control any dangerous
drugs to which this Part applies unless he is authorized to be in possession, custody or
control of such drug or is deemed to be so authorised under this Act or the regulations
made thereunder.

(3) Any person who contravenes the provisions of subsection (2) of this
section shall be shall be guilty of an offence against this Act and shall be liable on
conviction to a fine not exceeding twenty thousand ringgit or to imprisonment for a term
not exceeding five years or to both.

(4) Any person who is a public officer employed at any prison, rehabilitation
centre, police lock-up or place of detention shall, on his conviction under subsection (3)
for contravening the provisions of subsection (2), be liable to whipping of not more than
three strokes in addition to the punishment to which he is liable under subsection (3)”.
(A 1025)

Keeping or using premises for unlawful administration

13. Any person who –

(a) being the occupier of any premises, and not being a registered medical
practitioner or a registered dentist, keeps or uses such premises for the
purpose of the administration of any dangerous drug specified in Parts III
and IV of the First Schedule to a human being; or

(b) being the owner or occupier of any premises permits such premises to b e
used for the purpose of the administration of any dangerous drug to a
human being other than a registered medical practitioner or registered
dentist or a person acting under the directions of a registered medical
practitioner or a registered dentist; or

(c) being the owner or occupier of any premises permits such premises to b e
used for the purpose of the smoking or consumption otherwise of any
dangerous drug to a human being ,

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shall be guilty of an offence against this Act, and shall be liable on conviction to a fine
not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five
years or to both.

Administration to others.

14. (1) Any person who administers any dangerous drug specified in Parts III and IV
of the First Schedule to any person shall be guilty of an offence against this Act and shall
be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding three years or to both.

(2) Nothing in this section shall be deemed to render unlawful the administration
of any such drug by or under the directions of a registered medical practitioner or a
registered dentist or a medical or dental officer of any visiting force lawfully present in
Malaysia who is resident in Malaysia on full pay and acting in the course of his duty.

Self administration.

15. (1) Any person who -

(a) consumes, administers to himself or suffers any other person , contrary to the
A1167 provisions of section 14 to administer to him any dangerous drug specified in
Parts III and IV of the First Schedule; or

(b) is found in any premises kept or used for any of the purposes specified in
section 13 in order that any such dangerous dr ug may be administered to or
smoked or otherwise consumed by him,

shall be guilty of an offence against this Act and shall be liable on conviction to a fine not
exceeding five thousand ringgit or to imprisonment for a term not exceeding two years
or to both.

(2) For the purpose of this section, “consumes” includes eat, chew, smoke, swallow,
drink, inhale or introduce into the body in any manner or by any means whatsoever.
Control of manufacture and sale of certain dangerous drugs

16 (1) For the purpose of preventing the improper use of the dangerous drugs
specified in Part III, IV and V of the First Schedule, the Minister may make regulations to
provide for controlling the manufacture, sale; possession, and distribution of such drugs,
and in particular, but without prejudice to the generality of the foregoing power, for -

(a) prohibiting the manufacture of any such drug except on premises

licensed for the purpose and subject to any conditions specified in the
licence;

(b) prohibiting the manufacture sale, or distribution of any such drug except
by persons licensed or otherwise authorized under the regulations and
subject to any conditions specified in the licence or authority;

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 (c) regulating the issue by registered medical practitioners, registered
dentists, and veterinary surgeons of prescriptions containing any such
drug, and the dispensing of any such prescriptions;

(d) requiring persons engaged in the manufacture, sale or distribution of any

such drug to keep such books and to furnish such information, either in
writing or otherwise, as may be prescribed; and

(e) prescribing the marking of packages, bottles or containers in which any

such drug is supplied.

(2) The regulations made under this section may provide for authorizing any
A1025 licensed pharmacist in accordance with the provisions of any written law relating to
poisons from time to time in force in Malaysia or any part thereof –

(a) to manufacture in ordinary course of his retail business any preparation,

admixture, or extract of any dangerous drug specified in Parts III, IV and
V of the First Schedule;

(b) to carry on the business of retailing, dispensing, or compounding any

such drug,
subject in each case to the power of the Minister to withdraw the authorization in the case
of a person who has been convicted of an offence against this Act, and who cannot, in the
opinion of the Minister property be allowed to carry on the business of manufacturing,
selling , or distributing, as the case may be, any such drug.

(3) Nothing contained in any regulation made under this section shall be construed
as authorizing the sale, or the keeping of an open shop for the retailing, dispensing, or
compounding of poisons by any person who is not duly qualified in that behalf under, or
otherwise than in accordance with, the provisions of any written law relating to poisons
from time to time in force in Malaysia or any part thereof, or as derogating from the
provisions of the said Act, for prohibiting, restricting, or regulating the sale of poisons.

(4) All such regulations shall be made in accordance with section 47.

Prohibition of trade, etc., in new drugs, and power to apply Part IV with or without
modifications to certain drugs

17. (1) It shall no be lawful for any person to trade in, or manufacture for the purposes
of trade, any products obtained from any of the phenantherene alkaloids of opium or
from the ecgonine alkaloids of the coca leaf, not being a product which was on the 30th
day of March, 1961, being used for medical or scientific purposes or not being a
substance specified in the First Schedule:
Provided that if the Minister is at any time satisfied as respects any such product
that it is of medical or scientific value, the Minister may be order direct that this sub-
section shall cease to apply to that product.

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 If any person acts in contravention of this sub-section, he shall be guilty of an
offence against this Act, and shall be liable on conviction to a fine not exceeding ten
thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) If it is made to appear to the Minister that a decision with respect to any such
product as is mentioned in subsection (1) has in pursuance of article 3 of the Single
Convention been communicated by the Secretary General of the United Nations
Organisation to the parties to the said Convention, the Minister may by order, as the case
requires, either declare that the provisions of this part shall apply to that product in the
same manner as the apply to the drugs mentioned in section 11(1) or apply this Part to
that product with such modifications as may be specified in the order.

(3) The Minister may be order make, in the First Schedule, any alterations
incidental to the inclusion of any such drug or substance in such Schedule.

PART V
CONTROL OF EXTERNAL TRADE
18. Interpretation
In this Part –

“Convention” means the Single Convention;

“diversion certificate” means a certificate issued by the competent authority of a

country through which a dangerous drug passes in transit, authorizing the diversion of
such drug to a country other than that specified as the country of ultimate destination in
the export authorization, and containing all the particulars required to be included in an
export authorization, together with the name of the country from which the consignment
was originally exported;

“export authorization” means an authorization issued by a competent authority in

a country from which a dangerous drug is exported;

“import authorization” means a licence issued by a a competent authority in a

country into which it is intended to import a dangerous drugs.

19. Export of dangerous drugs

(1) Upon the production of an import authorization or an approval of import
certificate duly issued by the competent authority in any country, it shall be lawful for
the Minister to issue an export authorization in the Form B set out in the Second Schedule
in respect of any drug referred to in the import authorization to any person who is
named as the exporter in such import authorization, and is, under the provision of this
Act, otherwise lawfully entitled to export such drug from Malaysia. The export
authorization shall be prepared in triplicate and two copies shall be issued to the exporter
who shall send one copy with the drug to which it refers when such drug is exported.
The Minister shall send the third copy direct to the appropriate authority of the country of
ultimate destination. Where the intended exportation is to a country which is not a party
to the Convention, it shall not be necessary to produce an import authorization as

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aforesaid. In all cases it shall be in the absolute discretion of the Minister to issue or
refuse an export authorization, as he may see fit.
(2) No dangerous drugs shall be exported from Malaysia unless the consignor
is in possession of a valid and subsisting export authorization relating to such drug
granted under this Act.

(3) At the time of exportation of any dangerous drug the exporter shall
produce to such officer as the Minister may appoint, the dangerous drug, the export
authorization relating thereto, and such other evidence as such officer may require to
satisfy him that the drug is being lawfully exported to the place and person named in the
authorization which refers to it.

(4) Any person who shall export any dangerous drug from Malaysia except in
pursuance of and in accordance with the provisions of this Act and the terms and
conditions of any authorization or licence granted under this Act in respect of such export
shall be guilty of an offence against this Act, and shall be liable on conviction to
imprisonment for a term not exceeding five years and not less than three years.

Import of dangerous drugs

20. (1) An import authorization in the Form C set out in the Second Schedule
permitting the importation into Malaysia of any dangerous drug specified therein may be
granted by the Minister, subject to such conditions as he shall deem fit, to any person
who may lawfully import such drug and such conditions shall be endorsed upon the
import authorization.

(2) Where an import authorization is issued in pursuance of sub-section (1) , the

Minister shall also issue, in relation to the dangerous drug intended to be imported, an
approval of import certificate in the Form A set out in the Second Schedule which shall
be forwarded by the intending importer to the person from whom the drug is to be
obtained. When the importer to whom an import authorization is issued under this
section intends to import the drug or drugs to which such authorization relates in more
than one consignment, a separate approval of import certificate shall be issued to him in
respect of each such consignment.
(3) The dangerous drug shall be imported into Malaysia unless the person to
whom the drug is consigned is in possession of a valid and subsisting import
authorization granted in pursuance of this section.

(4) Every dangerous drug imported into Malaysia from a country which is a
party to the Convention shall be accompa nied by a valid and subsisting export
authorization or diversion certificate.

(5) Any person who shall import any dangerous drug into Malaysia except in
pursuance of and in accordance with the provisions of this Act and the terms and
conditions of any approval, authorization of licence granted under this Act in respect of
such import shall be guilty of an offence against this Act, and shall be liable on
conviction to imprisonment for a term not exceeding five years and not less than three
years.

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21. Dangerous drugs in transit

(1) No person shall bring any dangerous drug to Malaysia in transit unless–

(a) the drug is in course of transit from a country from which it may
lawful be exported, to another country into which such drug may
lawfully be imported; and
(b) except where the drug comes from a country not a party to the
Convention, it is accompanied by a valid and subsisting export
authorization or diversion certificate, as the case may be.
(2) Where any dangerous drug in transit is accompanied by an export
authorization or diversion certificate and there are reasonable grounds for believing that
such authorization or certificate is false, or that it has been obtained by fraud or willful
misrepresentation of a material particular, it shall be lawful for the Minister, or any
officer authorized by him in that behalf, to seize and detain the drug to which such
authorization or certificate relates. Upon being satisfied that such authorization or
certificate is valid or has not been obtained by fraud or misrepresentation as aforesaid, the
Minister or such officer shall release the drug.

(3) Where the dangerous drug in transit is not accompanied by an export

authorization or diversion certificate by reason of the fact that the drug comes from a
country not a party to the Convention and there are reasonable grounds for believing that
such drug is being conveyed in an unlawful manner or for an unlawful purpose or is in
course of transit for the purpose of being imported into another country in contravention
of the laws of that country, it shall be lawful for the Minister, or any officer authorized by
him in that behalf, to seize and detain the drug.

(4) Where a dangerous drug brought into Malaysia in transit is landed, or

transhipped in Malaysia, it shall be stored and dealt with as the Minister may direct and
shall be moved only under and in accordance with a removal licence granted in pursuance
of section 22.

(5) Nothing in this section shall be deemed to apply to any dangerous drug in
transit by post or in transit by air if the aircraft passes over Malaysia without landing, or
to such quantities of dangerous drugs as may reasonably from part of the medical stores
of any ship or aircraft.

(6) Any person who brings any dangerous drug into Malaysia in transit
otherwise than in accordance with the provisions of this section shall be guilty of an
offence against this Act, and shall be liable on conviction to a fine not exceeding twenty
thousand ringgit or to imprisonment for a term not exceeding five years or to both.

22. Removal licences in transit

(1) No person shall –

(a) in any way move any such drug from the conveyance by which it is
brought into Malaysia in transit;

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 (b) in any way move such drug in Malaysia at any time after removal from
such conveyance,

except under and in accordance with a licence (in the Form D set out in the Second
Schedule and in this Act referred to as a ‘removal licence”) issued by the Minister. In all
cases it shall be in the absolute discretion of the Minister to issue or refuse a removal
licence as he shall deem fit.

(2) No removal licence for the transfer of any such drug to any conveyance
for removal out of Malaysia shall be issued unless and until a valid and subsisting export
authorization or diversion certificate relating to it is produced to the Minister save that
where the drug has come from a country not a party to the Convention this sub-section
shall not apply.

(3) The provisions of this section shall not apply to dangerous drugs in transit
by post.

(4) Notwithstanding the provisions of this section the Minister may in his
absolute discretion authorise the temporary removal for safe custody of such quantities
of dangerous drugs as may reasonably form part of the medical stores of any ship or
aircraft on such terms and subject to such conditions as he shall think fit.

(5) Any person who contravenes the provisions of this section shall be guilty
of an offence against this Act, and shall be liable on conviction to a fine not exceeding
twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

23. Drugs not to be tampered with

(1) It shall be unlawful for any person to cause any dangerous drug in transit to
be subjected to any process which would alter its nature, or willfully to open or break
any package containing a dangerous drug in transit except upon the instructions of the
Minister or of any officer authorized by the Minister to give such instructions and in such
manner as he or such officer may direct.
(2) Any person who contravenes the provisions of this section shall be guilty
of an offence against this Act, and shall be liable on conviction to a fine not exceeding
twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

24. The diversion of dangerous drugs in transit

(1) No person shall, except under the authority and in accordance with the
terms and conditions of a diversion certificate in the Form E set out in the Second
Schedule, cause or procure any dangerous drug brought into Malaysia in transit to be
diverted to any destination other than that to which it was originally consigned. In the
case of any drug in transit accompanied by an export authorization or a diversion
certificate issued by a competent authority of some other country, the country to which
the drug was originally consigned shall be deemed to be the country stated in such export
authorization or diversion certificate to be the country of destination.

(2) The Minister may, in his absolute discretion, issued a diversion certificate
in respect of any dangerous drug in transit upon production to him of a valid and

14
subsisting import certificate issued by a competent authority in the country to which it is
proposed to divert the drug, or if that country is not a party to the Convention upon such
evidence as may satisfy him that the drug is to be sent in a lawful manner and for a
proper purpose.

(3) A diversion certificate shall be issued in duplicate; one copy thereof shall
accompany the drug when it is removed from Malaysia; another copy shall be dispatched
by or on behalf of the Minister direct to the proper authority in the country to which the
consignment has been diverted.

(4) Upon the issued of a diversion certificate the export authorization or

diversion certificate (if any) accompanying the drug on its arrival in Malaysia shall be
detained by the Minister or by such officer as the Minister may appoint to perform such
duties and returned to the authority issuing such authorization of diversion certificate
together with a notification of the name of the country to which such drug has been
diverted.
(5) Any person who contravenes the provisions of this section shall be guilty
of an offence against this Act, and shall be liable on conviction to a fine not exceeding
twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Exemption to preparation in possession of travellers

25. Nothing in this Part shall be deemed to apply to such quantity of any dangerous
drug in the form of a medicinal preparation in the possession of any person arriving in
Malaysia by land, air or water from any place outside Malaysia as is reasonably required
for the use of such person and which has been supplied to such person bona fide by or on
the prescription of a medical practitioner residing outside Malaysia in accordance with
the law of the country in which such drug was so supplied, provided that such person
shall as soon as possible on arrival, declare his possession of such dangerous drug to an
officer having authority under this Act to search such person and shall submit to such
medical examination as may be required of him.

PART VI

ANCILLARY AND GENERAL PROVISIONS

Interpretation

26. In this Part -

“senior officer of customs” and “ officer of customs” have, respectively, the same
meaning as that assigned to such expressions in the customs Act, 1967.

Powers of inspection and seizure

27. (1) Whenever it appears to any Magistrate or Justice of the Peace, upon
information and after such enquiry as he thinks necessary, that there is reasonable cause
to believe that in or on any premises there is concealed or deposited any dangerous drug,

15
syringe, pipe, lamp, utensil or other article liable to forfeiture under this Act, or as to
which an offence under this Act has been committed, or any book or document directly
or indirectly relating to or connected with any transaction or dealing which was, or any
intended transaction or dealing which would if carried out be, an offence under this Act,
or , in the case of a transaction or dealing carried out or intended to be carried out in any
place outside Malaysia, an offence under the corresponding law in force in that place,
such Magistrate or Justice of the Peace may, by his warrant directed to any police
officer not below the rank of Sergeant or to any officer of customs, or to any Drug
Enforcement Officer empower such officer by day or night –

(a) to enter such premises and there to search for, and seize and detain,
any such dangerous drug , article, book or document;
(b) Where the officer is a police officer or an officer of customs, to arrest
any person or persons being in or on such premises in whose
possession any dangerous drug or article subject to forfeiture under
this Act is found, or whom the officer reasonably believes to have
concealed or deposited such dangerous drug or article; and

(c) To seize and detain any book or document found in or on such

premises or on such person.

(2) Such officer may if it is necessary to do so-

(a) break open any outer or inner door or window of such premises and
enter there into;
(b) forcibly enter such premises and every part thereof;
(c) remove by force any obstruction to such entry, search, seizure and
removal as he is empowered to effect;
(d) detain every person found in or on such premises, until such premises
have been searched.

(3) Any police officer not below the rank of Sub-inspector or any senior
officer of customs, or any Drug Enforcement Officer or any person authorised in that
behalf by any general or special order, of the Minister may for the purposes of this Act
enter the premises of any person carrying on the business of a producer, manufacturer,
seller or distributor of any dangerous drug and demand the production of, and inspect,
any book or document relating to dealing in any such dangerous drug and inspect any
stock of such dangerous drug.

(4) Whenever it appears to any police officer not below the rank of Sub-inspector
or to any senior officer of customs, or to any Drug Enforcement Officer that there is
reasonable cause to believe that in or on any premises there is concealed or deposited, in
contravention of the provisions of this Act, any dangerous drug, syringe, pipe, lamp,
utensil or other article or any such book or document as is described in subsection (1) of
this section and he has good grounds for believing that, by reason of the delay in
obtaining a search warrant, the object search is likely to be frustrated, he may exercise in,
upon and in respect of such premises all the powers mentioned in subsection (1) of this
section except in the case of a Drug Enforcement Officer, the power of arrest in as full
and ample manner as if he were empowered to do so by warrant issued under the said
section.

16
 (5) Any police officer not below the rank of Sub-inspector or any senior officer of
customs shall be entitled to exercise in , upon and in respect of any ship, not being or
having the status of a ship of war , or any aircraft, islet, landing place or wharf or any
warehouse or place adjoining a wharf, and used in connection therewith, all the powers
mentioned in subsection (1) in as full and ample manner as if he were empowered to do
so by warrant issued under the said section.

(6) Any police officer or any officer of customs may, for the purpose of carrying
out the provisions of this Act board any ship, , not being or having the status of a ship of
war , or any aircraft and remain on board as long as such ship or aircraft remains in0
Malaysia.
(7) Any box , chest, package or other article, which is being landed or has been
recently landed from any ship or which has been recently landed from any ship or which
is in or upon any ship (,not being or having the status of a ship of war) , aircraft, islet,
landing place or wharf , or which is being removed from any such ship, islet, landing
place or wharf, or which is being brought into Malaysia by land, air or water, or is about
to be taken out of Malaysia by land, air or water -

(a) may be examined and searched by any officer of customs and may be
detained until any person in charge or possession thereof has opened
the same to admit of such examination and search in default of such
opening may be removed by such officer to a police station or to a
customs office;
(b) may be broken by the order of any senior officer of customs to facilitate
such examination and search:

Provide that any person in charge, or in possession of such box , chest, package or
other article shall be afforded every reasonable facility for being present at such breaking
open, examination or search.

(8) Any police officer or any officer of customs may stop and search any
conveyance which he has reasonable ground for believing to be used for the carriage of
any dangerous drug in contravention of this Act.

(9) Any person landing or being about to land or having recently landed from any
ship in the waters of Malaysia, whether for the purpose of landing or otherwise, or
entering or having recently entered Malaysia by land, air or water, or being about to leave
Malaysia by land, air or water shall –

(a) on demand by any officer of customs, either permit his person and
goods and baggage to be searched by such officer or, together with
such goods and baggage accompany such officer to a police station or
to a customs office, and there permit his person and goods and baggage
to be searched by any officer of customs in the presence and under the
supervision of a senior officer of customs;
(b) on demand by any officer of customs, permit his person and goods and
baggage to be searched by him or by some other officer of customs in
his presence and under this super vision;

17
 Provided that the goods of any person who claims to be present when these are
searched shall not be searched except in his presence and shall provided that no female
shall be searched except by a female.

Power to intercept communication.

27A. (1) Notwithstanding the provisions of any other written law, the Public Prosecutor,
if he considers that it is likely to contain any information relating to the commission of an
offence against this Act or to an act preparatory to or for the purpose of committing an
offence against this Act, may, on the application of a police officer not below the rank of
Assistant Director of Customs and Excise, authorize any police officer or officer of
customs , as the case may be,

(a) to intercept, detain and open any postal article in the course of
transmission by post;

(b) to intercept any message transmitted or received by any

telecommunication; or

(c) to intercept or listen to any conversation by telecommunication.

(2) When any person is charged with an offence against this Act, any information
obtained by a police officer or officer of customs in pursuance of subsection (1), whether
before or after such person is charged, shall be admissible at his trial in evidence.

(3) An authorisation by the Public Prosecutor under subsection (1) may be given
either orally or in writing, and either to any particular police officer or officer of customs,
or generally to the Inspector General of Police and all other police officers or the Director
General of Customs and Excise and all other officers of customs.

Provided that where an oral authorisation is given, the Public Prosecutor shall, as
soon as practicable, reduce the authorisation into writing.

(4) A certificate by the Public Prosecutor that the action ta ken by a police officer
or an officer of customs in pursuance of subsection (1) had been authorised by him
under subsection (1) shall be conclusive evidence that it had been so authorised, and
such certificate shall be admissible in evidence without proof of signature thereof.

(5) No person shall be under any duty, obligation or liability, or be in any manner
compelled, to disclose in any proceedings the procedure, method, manner or means, or
any matter whatsoever related thereto with regard to anything done under paragraph (a),
(b) or (c) of subsection (1).

(6) For the purpose of this section -

"postal article" shall have the same meaning as in the Postal Services Act 1947;
and

18
 "telecommunication" shall have the same meaning as in the Telecommunications
Act 1950 .

Obstruction of inspections, search.

28. Any person who -

(a) refuses any officer authorised to enter or search access to any premises or
conveyance; or

(b) assaults, obstructs, hinders or delays him in effecting any e ntrance which he is
entitled to effect under this Act or in the execution of any duty imposed or
power conferred by this Act; or

(c) fails to comply with any lawful demands of any police officer or officer of
customs in the execution of his duty this Act;

(d) refuses or neglects to give any information which may reasonably be required
of him and which he has it in his power to give; or

(e) fails to produce or conceals or attempts to conceal any book, document,

dangerous drugs, syringe, pipe, lamp, or utensil in relation to which there is
reasonable ground for suspecting that an offence has been or is being
committed against this Act or regulations made thereunder; or

(f) rescues or endeavours to rescue or causes to be rescued any things which have
been duly seized; or

(g) furnishes to any such officer as true, information which he knows or has
reason to believe to be false; or

(h) before or after any seizure, breaks or otherwise destroys anything to prevent
the seizure thereof, or the securing of the same,

shall be guilty of an offence against this Act, and shall be liable on conviction, to a fine
not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year
or to both.

Indemnity

29. (1) The Government shall not be liable to make good any damage which any
goods or other property may sustain as a result of an entry, search or detention under the
provisions of this Act unless such damage shall have been caused by the wilful neglect
or default of an officer employed by the Government.

19
 (2) In the event of any dispute as to the amount of any damage so caused the
same shall be summarily ascertained and determined by a Magistrates’ Court.

Seizure and forfeiture of drugs, etc.

30. (1) All dangerous drugs , syringes, pipes, lamps, utensils, books and documents in
respect of which any police officer or officer of customs reasonably believes that an
offence under this Act or any breach of the restrictions or conditions subject to or upon
which any licence, permit or authorization has been granted has been or is being
committed, together with any receptacle, package or conveyance or other article in which
the same is found or which is reasonably suspected of having been used in the
commission of the offence or breach, may be seized by such officer.

(2) All things liable to seizure under this section, shall be liable to forfeiture.

(3) Whenever any conveyance is seized under this section, the seizing officer
shall forthwith give notice in writing of such seizure and the grounds thereof to the owner
of such conveyance, if known, either be delivering such notice to him personally or by
post at his place of abode:

Provided that such notice shall not be required to be given where such seizure is
made in the presence of the offender or the owner or of such conveyance or his agent, or
in the case of a ship or an aircraft, in the presence of the master or pilot, as the case may
be.

(4) Subsection (1) shall not apply to any ship of more than one hundred tons
burden or any train or to any aircraft belonging to any person carrying on regular
passenger or freight service to or from Malaysia.

Provided that any such ship or aircraft may be detained by a police officer not
below the rank of Sub-Inspector or a senior officer of customs pending an application to
the Court for an order under section 38 of this Ordinance, which an application shall be
made as soon as practicable after the commencement of such detention of such ship or
aircraft.

(5) When any conveyance has been seized under this section, a police officer not
below the rank of Sub-Inspector or a senior officer of customs may at his discretion
return such conveyance to the owner of the same on security being furnished to the
satisfaction of such officer that the conveyance shall be surrendered to him on demand.

(6) An order for the forfeiture or for the release of anything liable to forfeiture
under the provisions of this section shall be made by the Court before which the
prosecution with regard thereto has been held, and an order for the forfeiture of the thing
shall be made if it is proved to the satisfaction of the Court that an offence under this Act
or any breach of the restrictions or conditions subject to or upon which any licence,
permit or authorization has been granted has been committed and that the thing was the
subject matter of or was being used in the commission of the offence notwithstanding that
no person may have been convicted of such offence or breach.

20
 (7) If there be no prosecution with regard to anything seized under this section,
such thing shall be taken and deemed to be forfeited at the expiration of one calendar
month from the date of seizure unless a claim thereto is made before that date in the
manner hereinafter set forth.

(8) Any person asserting that he is the owner of anything liable to forfeiture under
the provisions of subsection (7) and that it is not liable to forfeiture may personally or by
his agent authorized in writing give written notice to a police officer not below the rank
of Sub-Inspector or a senior officer of customs that he claims the same.

(9) On receipt of such notice the police officer or a senior officer of customs shall
refer the claims to the President of a Sessions Court in West Malaysia or to a Magistrate
of the First Class in the State of Sabah or Sarawak for his decision.

(10) The President or the Magistrate to whom reference is made under subsection
(9) shall issue a summons requiring the person asserting that he is the owner of the thing
and the person from which it is seized to appear before him, and upon their appearance or
default to appear, due service of such summons being proved, the President shall proceed
to the examination of the matter and on proof that an offence under this Act or a breach
of the res trictions or conditions subject to or upon which any licence, permit or
authorization has been granted has been committed and that the thing was the subject
matter of or was being used in the commission of the offence or breach shall order the
same to be forfeited, or may be in the absence of such proof order its release.

(11) In any proceeding before any Court relating to the seizure of any dangerous
drugs , syringes, pipes, lamps, utensils, books, documents, receptacles, packages or
conveyance subject to forfeiture under this section the Court shall proceed with the trial
or the appeal as the case may be on the merits of the case only without enquiring into the
manner or form of making any seizure except in so far as the manner and form of seizure
may be evidence on such merits.

Things seized may be delivered to the owner or other person.

30A. The Minister may upon application made to him in writing order anything seized
under this Act, whether forfeited or taken and deemed to be delivered to the owner or
other person entitled thereto upon such terms and conditions as he may deem fit:

Provided that any such application shall be made before the expiration of one
calendar month from the date of forfeiture of such thing or from the date on which such
thing shall be taken and deemed to be forfeited as the case may be.

Power of arrest and seizure.

31. (1) Any police officer or any officer of customs may arrest without a warrant any
person whom he reasonably believes to have committed or to be committing an offence
against this Act, and every offence for the purposes of the Criminal Procedure Code.

(2) Every person so arrested shall, together with any article as to which an offence
may have been committed or which is otherwise reasonably believed by the officer
making such arrest to be liable to forfeiture under this Act, be taken to a police station or

21
 to a customs office, and every person so arrested may be searched at any convenient
place provided that no female shall be searched except by a female.

(3) Any police officer or any officer of customs making an arrest under the
provisions of this section may seize and detain any package, receptacle and
conveyance which he has reasonable grounds for believing is liable to
forfeiture under section 30 or to detention under an order of the Court under
section 38.

Examination of arrested person by a medical officer

31A. (1) When any person is arrested on a charge of committing an offence against this
Act –

(a) which is of such a nature; or

(b) which is alleged to have been committed under such circumstances,

as gives reasonable grounds for believing that an examination of this person will afford
evidence as to the commission of an offence against this Act, it shall be lawful for a
medical officer acting at the request of any police officer not below the rank of Sergeant,
or any other officer in charge of a police station, or any officer of customs, and for any
person acting in aid of medical officer and under his direction, to make such
examinations or examinations of the person arrested as may be reasonably necessary in
order to ascertain the facts which may afford such evidence, and to use or cause to be
used such force as may be reasonably necessary for that purpose.

A 1167 31A. (1 A) For the purpose of preservation of evidence, it shall be lawful for a police
officer not below the rank of sergeant or an officer of customs to require an arrested
person to provide a specimen of his urine for the purposes of an examination under
subsection (1) if it is not practicable for the medical officer or the person who is acting in
aid of or on the direction of a medical officer to obtain the specimen of the urine within a
reasonable period.

(1B) Any person who, without reasonable excuse, fails to provide a specimen of
his urine as may required under subsection (1) or (1A) shall be guilty of an offence and
shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding four years or to both.

(2) For the purposes of this section “medical officer” includes any person
employed by the Government or a statutory authority as a medical officer or a chemist.

Procedure where investigations cannot be completed within twenty-four hours by an

officer of Customs.

31B. (1) Whenever any person is arrested and detained in custody by any officer of
customs for an offence against this Act, and it appears that the investigation cannot be
completed within a period of twenty-four hours from the time that the person is arrested, any
officer of customs may produce such person before a Magistrate and the Magistrate may,
whether he has or has not jurisdiction to try the case, from time to time, authorise the

22
detention of such person in such custody as such Magistrate thinks fit for a term not
exceeding fifteen days in the whole.

(2) If a Magistrate acting under subsection (1) does not have jurisdiction to try the
case and considers further detention unnecessary, he may order such person to be produced
before a court having such jurisdiction, or, if the case is triable exclusively by the High
Court, before himself or any Magistrate having jurisdiction with a view to transmitting the
case for trial by the High Court.

(3) Nothing in this section shall be construed as in any manner derogating from the
provisions of section 117 of the Criminal Procedure Code in its application in any case of an
offence against this Act where the investigation is made by a police officer.

False declaration.

32. Any person who, for the purpose of obtaining, whether for himself of for any other
person, the issue, grant, or renewal of any licence or authority under the provisions of this
Act, makes any declaration or statement which is false in any material particular, or
knowingly utters, produces, or makes use of, any declaration or statement or any document
containing the same, shall be guilty of an offence against this Act, and shall be liable on
conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not
exceeding one year or both.

Abetments and attempts punishable as offences.

33. Any person who abets the commission of, or who attempts to commit, or does any act
preparatory to or in furtherance of the commission of, any offence under this Act shall be
guilty of such offence and liable to the punishment provided for such offence.

Abetting and procuring the commission of an offence abroad.

34. Any person who within Malaysia, abets the commission in any place outside
Malaysia of any offence punishable under the provisions of any c orresponding law in force in
that place, or does any act preparatory to, or in furtherance of, any act, which offence or act if
committed in Malaysia would constitute an offence under this Act shall be guilty of such
offence and shall be punishable in the same manner as if the offence or act which he abetted
or in respect of which he did such preparatory act or which he furthered had been committed
or intended to be committed in Malaysia.

Liability of company and employers and servants.

35. (1) Where an offence against this Act is committed by a company, the chairman and
every director and every officer concerned in the management of the company shall be guilty
of the like offence, unless he proves to the satisfaction of the Court that the act constituting
the offence took place without his knowledge or consent.

(2) Any person licensed or authorized under any regulation made under this Act who
would be liable under this Act or under any regulation made thereunder to any punishment,
penalty or forfeiture for any act, omission, neglect or default shall be liable to the same
punishment, penalty or forfeiture for every such act, omission, neglect or default is

23
 committed by such agent or servant in the course of his employment by such licensed or
authorized person.

(3) Every such agent or servant shall be liable to every punishment, penalty or
forfeiture prescribed by this Act or under any regulation made thereunder for such acts,
omissions, neglect or defaults done or omitted to be done by him as fully and effectively as if
he had been a person licensed or authorized.

Burden of proof.

36. It shall not be necessary in any proceedings against any person for an offence against
this Act to negative by evidence any licence, authorization, authority, or other matter of an
exception or defence, and the burden of proving any such matter shall be on the person
seeking to avail himself thereof.

Presumptions.

37. In all proceedings under this Act or any regulation made thereunder –

(a) any premises shall be deemed to be used for a purpose if they are used for that
purpose even on one occasion only;

(b) a person, until the contrary is proved, shall be deemed to be the occupier of any
premises, if he has, or appears to have, the care or management of such premises;

(c) if any syr inge and dangerous drug suitable for hypodermic injection, or any pipe
and dangerous drug suitable for smoking be found in any premises, it shall be
presumed, until the contrary is proved, that the premises are used for the purpose
of the administration of a dangerous drug to, or the smoking or consumption
otherwise of a dangerous drug by, a human being and that the occupier permits
such premises to be used for such purposes;

(d) 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;
Add:Act A390 (da) any person who is found in possession of –
Subst:ActA553 (i) 15 grammes or more in weight of heroin;
(ii) 15 grammes or more in weight of morphine;
Add:ActA596 (iii) 15 grammes or more in weight of monoacetylmorphine;
Add:Act A596
(iiia) a total of 15 grammes or more in weight of heroin, morphine and
monoacetylmorphine or or a total of 15 grammes or more in weight of
any two of the said dangerous drugs;
(iv) 1000 grammes or more in weight of prepared opium
Add:Act A596 (v) 1000 grammes or more in weight of raw opium
(va) a total of 1000 grammes or more in weight of prepared opium and raw
opium;
Add:Act A596 (vi) 200 grammes or more in weight of cannabis;
(vii) 200 grammes or more in weight of cannabis resin;

24
 (viii) a total of 200 grammes or more in weight of cannabis and cannabis
resin;
(ix) 40 grammes or more in weight of cocaine; or
(x) 2,000 grammes or more in weight of coca leaves;
(xi) 50 grammes or more in weight of 2-amino-1-(2,5-dimethoxy-4-
methyl) Phenylpropane;
(xii) 50 grammes or more in weight of Amphetamine;
(xiii) 50 grammes or more in weight of 2, 5-Dimethoxyamphetamine
(DMA);
(xiv) 50 grammes or more in weight of Dimethoxybromoamphetamine
(DOB);
(xv) 50 grammes or more in weight of 2,5-Dimethoxy-4-ethylamphetamine
(DOET);
(xvi) 50 grammes or more in weight of Methamphetamine;
(xvii) 50 grammes or more in weight of 5-Methoxy-3,4 methylenedioxy
amphetamine (MMDA);
(xviii) 50 grammes or more in weight of Methylenedioxyamphetamine
(MDA);
(xix) 50 grammes or more in weight of N-ethyl MDA;
(xx) 50 grammes or more in weight of N-hydroxy MDA;
(xxi) 50 grammes or more in weight of N-methyl-1-(3, 4-
methylenedioxyphenyl)-2-butanamine;
(xxii) 50 grammes or more in weight of 3, 4-
Methylenedioxymethamphetamine (MDMA);
(xxiii) 50 grammes or more in weight of Paramethoxyamphetamine (PMA);
(xxiv) 50 grammes or more in weight of 3, 4, 5-Trimethoxyamphetamine (3,
4, 5-TMA) ;
A1167
(xxv) a total of 50grammes or more in weight of any combination of the
dangerous drugs listed in paragraphs (xi) to (xxiv);

otherwise than in accordance with the authority of this Act or any written law,
Subst:ActA553 shall be presumed , until the contrary is proved, to be trafficking in the said drug;

(e) 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;

(f) if any dangerous drug is found concealed in any ship or aircraft it shall be
presumed, until the contrary is proved, that the said drug is so concealed with the
knowledge of the master of the ship or aircraft and has been imported in such ship
or aircraft;

(g) if any dangerous drug is found concealed in any premises, it shall be presumed,
until the contrary is proved, that the said drug is so concealed with the knowledge
of the occupier of the premises;

(h) if any dangerous drug is found concealed in any compartment, specially

constructed for the purpose, on any vehicle, it shall until the contrary is proved be
deemed to have been so concealed with the knowledge of the owner of the vehicle
and of the person in charge of the vehicle for the time being;

25
 (i) evidence by a police officer not below the rank of Sergeant or by a senior officer
customs that any pipe or article is for use in the consumption of prepared opium,
cannabis, cannabis resin or substances of which such resin or substances of which
such resins forms the base, or in the preparation of any aforesaid substances for
consumption shall, until the contrary is proved, be deemed to be sufficient
evidence of the fact, and for the purposes of this paragraph “consumption” means
eating, chewing, smoking, drinking, inhaling or introducing any aforesaid
Subst:ActA553 substances into the body in any manner or by any means whatsoever;

(j) when any substance suspected of being a dangerous drug has been seized and
such substance contained in a number of receptacles, it shall be sufficient to
analyse samples of the contents of a number not less than ten per centum of such
receptacles and if such analysis establishes that such samples are all of the same
nature and description, it shall be presumed, until the contrary is proved, that the
contents of all receptacles were of the same nature and description as the sample
analysed and if such analysis establishes that such sample consist of or contain a
dangerous drug, it shall be presumed, until the contrary is proved, that the
contents of all receptacles consist of or contain the same proportion of such drug;

(k) if a person is charged for an offence of consuming a dangerous drug or

administering a dangerous drug to himself or suffering any other person to
A1167 administer a dangerous dr ug to him, and any dangerous drug is found in the urine
of the person charged as the result of a urine test conducted under section 31A,
the person shall be presumed, until the contrary is proved, to have consumed the
drug or to have administered the drug to himself or to have suffered any other
person to administer the drug to him in contravention of this Act or its
regulations.

Admission of statement in evidence Add:ActA293

37A. (1) Where any person is charged with any offence against this Act any statement,
whether the statement amounts to a confession or not or is oral or in writing, made at any
time, whether before or after such person is charged and whether in the course of a police
investigation or not wholly or partly in answer to questions, by such person to or in the
hearing of any police officer not below the rank of Inspector or by a senior officer customs
and whether or not interpreted to him by any police officer or by a senior officer customs or
any other person concerned or not in the arrest, shall notwiths tanding anything to the
contrary contained in any written law, be admissible at his trial in evidence and, if the person
tenders himself as a witness, any such statement may be used in cross-examination and for
the purpose of impeaching his credit :

Provided that no such statement shall be admissible or used as aforesaid –

(a) if the making of the statement appears to the Court to have been caused by
any inducement, threat or promise having reference to the charge proceeding
from a person in authority and sufficient in the opinion of the Court to give
the person charged grounds which would appear to him reasonable for

26
 supposing that by making it he would gain any advantage or avoid any evil
of a temporal nature in reference to the proceeding against him; or

(b) in the case of a statement made by the person after his arrest, unless the
Court is satisfied that a caution was administered to him in the following
words or words to the like effect:

" It is my duty to warn you that you are not obliged to say anything or to
answer any question, but anything you say whether in answer to a question
or not, may be given in evidence";

Provided that a statement made by any person before there is time to

caution him shall not be rendered inadmissible in evidence merely by reason
of no such caution having been given if it has been given as soon as
possible.

(2) Notwithstanding anything to the contrary contained in any written law a person
accused of an offence to which subsection (1) applies shall not be bound to answer any
questions relating to such case after such caution as aforesaid has been administered to him.

(3) Where a statement is purported to be made by a person charged with an offence

Add:ActA553
against this Act under and in accordance with section 113 of the Criminal Procedure Code,
the statement so made shall be deemed to have been made under and in accordance with this
section.

37B. Repealed by Act A589

Ship or aircraft used for unlawful import or export.

38. (1) If any ship or any aircraft is used for the import or export of any drug contrary to
this Act or for receipt or storage of any drug imported contrary to this Act, the owner and
master thereof shall be guilty of an offence against this Act, and liable to a fine not exceeding
ten thousand ringgit unless it is proved to the satisfaction of the Court that the owner and
master was not implicated in the placing or keeping of such drug on board the ship or aircraft
and that the offence in question was committed without his knowledge consent or
connivanc e, and the ship or aircraft may be detained by order of the Court until security has
been given for such sum as the Court orders, not exceeding ten thousand ringgit.

(2) Except in the case of drugs consigned in accordance with an authorization issued
under section 19,20 or 24 or in transit in accordance with the provisions of section 21, the
finding of any drug on board any ship or aircraft shall be prima facie evidence that the ship or
aircraft has been used for the importation or exportation of such dr ug contrary to this Act or
for the receipt or storage of drugs imported contrary to this Act.

(3) Any person who conceals any dangerous drug in any part of any ship or aircraft or
who, being cognizant of any dangerous drug being concealed in any ship or aircraft, doesAm:ActA194
not
take the earliest reasonable opportunity of reporting the same to the master of such ship or
aircraft after such ship has entered the territorial waters of Malaysia or such aircraft has
landed in Malaysia, as the case may be, shall be liable on conviction to a fine not exceeding
twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both,

27
 unless he shall prove that he informed such master before such ship entered such waters or
such aircraft so landed, as the case may be.

Powers of the Court in respect of drug dependants below the age of eighteen.
Subs: 38A. Where any person below the age of eighteen years is found guilty of an offence
ActA1025 against this Act other than an offence under section 6B or 39B or other than in a case where a
person is found guilty of an offence against this Act for which the punishment shall be under
section 39A , the Court may if it is satisfied that such person is a drug dependant as certified
by a government medical officer or a registered medical practitioner and that it is inexpedient
to inflict the punishment provided, deal with such person under section 6 of the Drug
Dependants (Treatment and Rehabilitation ) Act 1983.

Powers of the Court in respect of persons found guilty under section 15.
“Powers of
the Court in 38B(1) Where a person is found guilty of an offence under section 15, he shall, immediately
respect of after having undergone the punishment imposed upon him in respect thereof, undergo
persons found supervision by an officer as defined under section 2 of the Drugs Dependants (Treatment
guilty under
section 15 and Rehabilitation) Act 1983 for a period of not less than two and not more than three years
Act 283 as may be determined by the Court.
(A 1025)
38B(2) A person required to undergo supervision under subsection (1) shall be deemed to
have been placed under such supervision under paragraph (b) of subsection (1) of section 6
of the Drugs Dependants (Treatment and Rehabilitation) Act 1983.

General Penalty

39. Every person convicted of an offence under this Act for which no penalty is specifically
provided shall, in respect of each offence, be liable to a fine not exceeding five thousand
ringgit or to imprisonment for a term not exceeding two years or to both.

Increased penalty where the subject matter of an offence is the prescribed amount of
certain dangerous drugs.

39A (1) Every person found guilty of an offence against this Act where the subject matter
of the offence is –

(a) 2 grammes or more but less than 5 grammes in weight of heroin;

(b) 2 grammes or more but less than 5 grammes in weight of morphine;
(c) 2 grammes or more but less than 5 grammes in weight of
monoacetylmorphine;
(d) a total of 2 grammes or more but less than 5 grammes in weight
of heroin, morphine and monoacetylmorphine or total of 2 grammes or more
but less than 5 grammes in weight of any two of the said dangerous drugs;
(e) 5 grammes or more but less than 15 grammes in weight cocaine;
(f) 20 grammes or more but less than 50 grammes in weight cannabis;
(g) 20 grammes or more but less than 50 grammes in weight cannabis resin;
(h) a total of 20 grammes or more but less than 50 grammes in weight cannabis
and cannabis resin;

28
 (i) 100 grammes or more but less than 250 grammes in weight of raw opium;
(j) 100 grammes or more but less than 250 grammes in weight of raw opium;
(k) a total of 100 grammes or more but less than 250 grammes in weight of raw
opium and prepared opium;
(l) 250 grammes or more but less than 750 grammes in weight of coca leaves;
Add:ActA1025 (m) 5 grammes or more but less than 30 grammes in weight of 2-amino-1-(2,5-
dimethoxy-4-methyl) Phenylpropane;
(n) 5 grammes or more but less than 30 grammes in weight of Amphetamine;
(o) 5 grammes or more but less than 30 grammes in weight of
2, 5-Dimethoxyamphetamine (DMA);
(p) 5 grammes or more but less than 30 grammes in weight of
Dimethoxybromoamphetamine (DOB);
(q) 5 grammes or more but less than 30 grammes in weight of
2,5-Dimethoxy-4-ethylamphetamine (DOET);
(r) 5 grammes or more but less than 30 grammes in weight of Methamphetamine;
(s) 5 grammes or more but less than 30 grammes in weight of
5-Methoxy-3,4 methylenedioxy amphetamine (MMDA);
(t) 5 grammes or more but less than 30 grammes in weight of
Methylenedioxyamphetamine (MDA);
(u) 5 grammes or more but less than 30 grammes in weight of
N-ethyl MDA;
(v) 5 grammes or more but less than 30 grammes in weight of
N-hydroxy MDA;
(w) 5 grammes or more but less than 30 grammes in weight of
N-methyl-1-(3, 4-methylenedioxyphenyl)-2-butanamine;
(x) 5 grammes or more but less than 30 grammes in weight of
3, 4-Methylenedioxymethamphetamine (MDMA);
(y) 5 grammes or more but less than 30 grammes in weight of
Paramethoxyamphetamine (PMA);
(z) 5 grammes or more but less than 30 grammes in weight of
3, 4, 5-Trimethoxyamphetamine (3, 4, 5-TMA);
(A 1167) (za) a total of 30 grammes or more in weight of any combination of the
dangerous drugs listed in paragraphs (m) to (z) ;

shall, instead of being liable to the punishment provided for that offence under the section
under which the person has been so found guilty, be punished with imprisonment for a term
which shall not be less than two years but shall not exceed five years, and he shall also be
punished with whipping of not less than three strokes but not more than nine strokes.

(2) Every person found guilty of an offence against this Act where the offence is not
punishable with death and where the subject matter of the offence is –

(a) 5 grammes or more in weight of heroin;

(b) 5 grammes or more in weight of morphine;
(c) 5 grammes or more in weight of monoacetylmorphine;
(d) a total of 5 grammes or more in weight of heroin, morphine and
monoacetylmorphine or total of 5 grammes or more in weight of any two of
the said dangerous drugs;
Ins:Act A659 (e) 15 grammes or more in weight of cocaine;
(f) 50 grammes or more in weight of cannabis;

29
 (g) 50 grammes or more in weight of cannabis resin;
(h) a total of 50 grammes or more in weight of cannabis and cannabis resin;
(i) 250 grammes or more in weight of raw opium;
(j) 250 grammes or more in weight of prepared opium;
(k) a total of 250 grammes or more in weight of raw opium and prepared opium;
(l) 750 grammes or more in weight of coca leaves;
Add:ActA1025
Ins:Acta659 (m) 30 grammes or more in weight of 2-amino-1-(2,5-dimethoxy-4-methyl)
Phenylpropane;
(n) 30 grammes or more in weight of Amphetamine;
(o) 30 grammes or more in weight of 2, 5-Dimethoxyamphetamine (DMA);
(p) 30 grammes or more in weight of Dimethoxybromoampheta mine (DOB);
(q) 30 grammes or more in weight of 2,5-Dimethoxy-4-ethylamphetamine
(DOET);
(r) 30 grammes or more in weight of Methamphetamine;
(s) 30 grammes or more in weight of 5-Methoxy-3,4 methylenedioxy
amphetamine (MMDA);
(t) 30 grammes or more in weight of Methylenedioxyamphetamine (MDA);
(u) 30 grammes or more in weight of N-ethyl MDA;
(v) 30 grammes or more in weight of N-hydroxy MDA;
(w) 30 grammes or more in weight of N-methyl-1-(3, 4-methylenedioxyphenyl)-
2-butanamine;
(x) 30 grammes or more in weight of 3, 4-Methylenedioxymethamphetamine
(MDMA);
(y) 30 grammes or more in weight of Paramethoxyamphetamine (PMA);
(z) 30 grammes or more in weight of 3, 4, 5-Trimethoxyamphetamine (3, 4, 5-
TMA);
(A 1167) (za) a total of 5 grammes or more but less the 30 grammes in weight of any
combination of the dangerous drugs listed in paragraphs (m) to (z);

shall, instead of being liable to the punishment provided for that offence under the section
under which the person has been so found guilty, be punished with imprisonment for life or
for a term which shall not be less than five, and he shall also be punished with whipping of
not less than ten strokes .

Trafficking in dangerous drug

Add:ActA293
39B. (1) No person shall, on his own behalf or on behalf of any other person, whether or
Am:ActA318
not such other person is in Malaysia —

(a) traffic in a dangerous drug;

(b) offer to traffic in a dangerous drug; or

(c) do or offer to do an act preparatory to or for the purpose of trafficking in a

dangerous drug.

(2) Any person who contravenes any of the provisions of subsection (1) shall be
Am:ActA563
guilty of an offence against this Act and shall be punished on conviction with death.

Am:ActA318

30
 (3) A prosecution under this section shall not be instituted except by or with consent
of the Public Prosecutor:

Provided that a person may be arrested, or a warrant for his arrest may be issued and
executed, and any such person may be remanded in custody notwithstanding that the consent
of the Public Prosecutor to the institution of a prosecution for the offence has not been
obtained, but the case shall not be further prosecuted until the consent has been obtained.

(4) When a person is brought before a Court under this section before the Public Add:Act
Prosecutor has consented to the prosecution the charge shall be explained to him but he shall A318
not be called upon to plead, and the provisions of the law for the time being in force relating
to criminal procedure shall be modified accordingly.

“Increase penalty where person has prior admissions or convictions

39c. (1) Where a person who has not less than –

(a) two previous admissions;

(b) two previous convictions under section 10(2)(b) or section 15(1)(a) or
any combination of the sections;
(c) one previous admission and one previous convictions under section
10( 2)(b) or section 15(1)(a);
(d) one previous admission and two previous convictions under section
31A; or
(e) one previous conviction under section 10(2)(b) or section 15(1)(a) and
two previous convictions under section 31A.

is found guilty of an offence under section 10(2)(b), section 15(1)(a) or section 31A, he shall,
instead of being liable to the punishment provided for that offence under the section under
which he has been found guilty, be punished with imprisonment for a term which shall not be
less than five years but shall not exceed seven years and he shall also be punished with
whipping of not more than three strokes.

(2) Where a person who has been punished under subsection (1) is convicted of a
subsequent offence under section 10(2)(b), section 15(1)(a) or section 31A, he shall instead
of being liable to the punishment provided for that offence under the section under which he
has been found guilty, be punished with imprisonment for a term which shall not be less than
seven years but shall not exceed thirteen years, and he shall also be punished with shipping
of not less than three strokes but not more than six strokes.

(3) A certificate to be signed by an officer authorized in writing by the Director

General and purporting to relate to a person’s admission to a Rehabilit ation Centre shall be
admissible in evidence in any proceedings under this section, on its production by the
prosecution without proof of signature; and, until the contrary is proved, that certificate shall
be evidence of all matters contained in the certificate.

(4) For the purposes of this section –

31
 “admission” means an admission to undergo treatment and rehabilitation at a
Rehabilitation Centre by an order of a magistrate under section 6(1)(a) of the Drug
Dependants (Treatment and Rehabilitation) Act 1983;

“Director General” means the Director General appointed under section 2(2) of the
Drug Dependants (Treatment and Rehabilitation) Act 1983;

“Rehabilitation Centre” means the Rehabilitation Centre established under section 10

of the Drug Dependants (Treatment and Rehabilitation) Act 1983.

Protection of informers.

40. (1) Except as hereinafter provided, no complaint as to an offence under this Act
shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no
witness shall be obliged or permitted to disclose the name or address of any informer, or
state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection
in any civil or criminal proceedings whatsoever contain any entry in which any informer is
named or described or which might lead to his discovery, the Court before which the
proceedings is had shall cause all such passages to be concealed from view or to be
obliterated so far as is necessary to pr otect the informer from discovery, but no further.

( 3) If on trial for any offence under this Act the court, after full inquiry into the
case, is of opinion that the informer wilfully made in his complaint a material statement
which he knew or believed to be false or did not believe to be true, or if in any other
proceeding the Court is of opinion that justice cannot be fully done between the parties
thereto without the discovery of the informer, the court may require the production of the
original complaint, if in writing, and permit inquiry and require full disclosure concerning
the informer.

Evidence of agent provocateur admissible Add:ActA390

Subs:ActA596
40A. (1) Notwithstanding any rule of law or the provisions of this Act or any other
written law to the contrary, no agent provocateur shall be presumed to be unworthy of
credit by reason only of his having attempted to abet or abetted the commission of an
offence by any person under this Act if the attempt to abet or abetment was for the sole
purpose of securing evidence against such person.

(2) Notwithstanding any rule of law or the provisions of this Act or any other written
law to the contrary, and that the agent provocateur is a police officer whatever his rank or any
officer of customs, any statement whether oral or in writing made to an agent provocateur by
any person who subsequently is charged with an offence under this Act shall be admissible as
evidence at his trial.

Jurisdiction.
Am:Act64/65
Subs:ActA426
P.U.(A)157/78 41. (1) A Session Court or a Magistrates’ Court presided over by a Magistrate of the First
Subs:ActA434 Class shall have jurisdiction to try any offence under this Act, except an offence under
Subs:Act 553 section 39B, and power to impose for any offence so tried the full punishment or penalty

32
 provided for that offence by this Act or by any regulations made thereunder, other than, in
the case of a Magistrates’ Court, imprisonment exceeding five years.

(2) Notwithstanding the provisions of subsection (1) the High Court shall have
jurisdiction to try any case in respect of any offence under this Act if the Public Prosecutor
requires any such case to be tried by the High Court.

(3) The provisions of subsections (1) and (2) shall have effect notwithstanding any
written law to the contrary.

Add:ActA318 Special provisions relating to transmission of a case to, and trial by, the High Court.
Subs:ActA426
P.U.(A)157/78 41A. (1) Where any case in respect of an offence under this Act is triable exclusively by
Am:Act 553 the high Court or is required by the Public Prosecutor to be tried by the High Court, the
accused shall be produced before the appropriate subordinate court which shall, after the
charge has been explained to him, transmit the case to the High Court without holding a
preliminary inquiry under Chapter XVII of the Criminal Procedure Code, and cause the
accused person to appear or be brought before such Court as soon as may be practicable.

(2) When the accused person appears or is brought before the High Court in
accordance with subsection (1), the High Court shall fix a date for his trial which shall be
held in accordance with the procedure under chapter XX of the Criminal Procedure Code.

(3) The trial of a case transmitted to the High Court under subsection (1) shall be a
Judge of the High Court sitting alone, and the provisions of Chapters XXI and XXII of the
Criminal Procedure Code shall not apply to such trial.

(4) The provisions of subsections (1), (2) and (3) shall have effect notwithstanding
any other written law to the contrary.

No bail to be granted in respect of certain offences.

Add:ActA426
41B. (1) Bail shall not be granted to an accused charged with an offence under this Act –

(a) where the offence is punishable with death; or

(b) where the offence is punishable with imprisonment for more than five
years; or

(c) where the offence is punishable with imprisonment for five years or less
and the Public Prosecutor certifies in writing that it is not in the public
interest to grant bail to the accused person.

(2) The provisions of subsection (1) shall have effect notwithstanding any other
written law or any rule of law to the contrary.

Power to conduct prosecutions.

42. Prosecution in respect of offences under this Act may be conducted by any police
officer not below the rank of Sub-Inspector, any senior officer of customs, or any officer of

33
customs specially or generally authorized thereto in writing by the Director of General of
Customs and Excise.
Add:ActA194
Rewards.

42A. the Inspector General of Police or the Director General of Customs and Excise may
order such rewards as he may deem fit to be paid to any officer or other person for services
rendered in connection with any seizures made under this Act.

Licences, permits, etc., may be subject to conditions.

43. Any licence, authorizations or authority issued or granted under this Act or under any
regulation made thereunder may be issued or granted on such terms and subject to such
conditions as may be prescribed, or as the officer issuing or granting the same shall (either
generally or in any particular instance) think proper; and in some case, such terms and
conditions shall be binding on and observed by the licensee or grantee, as the case my be.

Power of Minister to delegate powers and functions.

44. It shall be lawful for the Minister by order under his hand to delegate to any fit and
proper officer authority to exercise (subject to any limitations which may in such order be
specified) any of the powers and functions vested in the Minister by this Act and thereupon
such officer shall, to the extent of such delegation, be deemed to be empowered and
authorizes to exercise such powers and functions accordingly. The Minister may under this
section delegate the same powers and functions to more than one officer and different powers
and functions to different officers.

Power of Minister to exempt certain drugs and institutions from certain provisions of
the Act.

45. The Minister may, by order or by regulations made under this Act, exempt from any
of the provisions of this Act or the regulations made thereunder:
Am:ActA112
(a) dangerous drugs in respect of which -

(i) the Secretary General of the United Nations Organizations shall have
communicated to the parties to the Single Convention under the provision
of article 3 of the said Convention a decision of the Commission; or

(ii) the Minister shall have decided that such dangerous drugs cannot give rise
to the drug habit on account of the medicaments with which the said
dangerous drugs are compounded; or

(b) any hospital, infirmary, dispensary wholly or mainly maintained by a public Am:ActA112
authority out of public funds or such like institutions as he may approve from time
to time.

Power of the Minister to vary First Schedule Am:ActA112

45A. If –

34
 (a) it appears to the Minister that a decision of the Commission or of the United
Nations Organizations to alter any of the Schedules to the Single Convention or
to apply to a substance, measures of control applicable under that Convention to
substances specified in Schedule I thereto, requires the addition of a substance
to the First Schedule; or

(b) it appears to him probable that there will be taken such a decision as aforesaid
of the Commission or of the United Nations Organizations as will require the
addition of a substance to the First Schedule and that, in the circumstances of he
case, it is expedient to anticipate the decision; or

(c) he considers it expedient to add a substance to, or remove a substance from, or

vary the First Schedule,
he may by order make the requisite modifications in the said First Schedule.

Act not to derogate from other statutory or other legal provisions and powers. Am:
P.U.(A)157/98
46. The provisions contained in and the powers conferred by this Act shall, except so far
as may otherwise expressly be enacted or provided, be in addition to and not in derogation of
any other provisions or powers existing under any written law for the time being in force in
Malaysia or in any part thereof and in particular, but without prejudice to the generality of
the foregoing, to the provisions and powers existing under the Sale of Food and Drugs
Ordinance 1952 or the corresponding written law in force in Sabah or Sarawak.

Regulations.

47. (1) The Minister may make regulations for the further, better and more convenient
carrying out of the provisions or purposes of this Act and in particular, but without
derogating from the generality of the provisions last aforesaid, with respect to any or all of
the following matters:

(a) the matters referred to in sections 7 and 16;

(b) the prescription of forms and fees in connection with and matter under this
Act;

(c) the prescription of anything which is required to be, or which may be

prescribed, under this Act.

(2) The Minister may in such regulations or by separate regulations made under this
Act provide that any act or omission in contravention of the provisions of any regulation or
of the terms or conditions of any licence, permit or other authority issued under any
regulation shall be an offence and may impose one or more of the following penalties for
such offence, namely, fine, imprisonment and forfeiture:

Provided that no fine imposed by such regulations shall exceed twenty thousand
Am:ActA194
ringgit and no penalty of imprisonment imposed shall exceed a term of seven years.

35
 (3) All regulations made under this Act shall be published in the Gazette and shall be
laid as soon as practicable before the Dewan Rakyat.

(4) If a resolution of the Dewan Rakyat is passed within the next subsequent three
months after any such regulations is laid before it annulling the regulation or any part thereof,
the whole regulation or such part thereof as the case may be shall thenceforth be void but
without prejudice to the validity of anything previously done thereunder.

Drug Enforcement Officers to be deemed public servants.

48. All Drug Enforcement Officers under this Act shall to be deemed public servants within
the meaning of the Penal Code.

Action of officers no offence

49. Nothing done by any officer of the Government in the course of his duties shall be
deemed to be an offence under this Act.

Repeal.

50. The Ordinances, Enactments and Proclamation specified in the Third Schedule are
hereby repealed.

FIRST SCHEDUL E
[Sections 2, 11(a) and 17(3)]

PART I

Raw Opium
Coca Leaves
Poppy Straw
Cannabis

PART II
Prepared Opium
Cannabis
Cannabis resin and substances of which such resin forms the base

PART III
Acetorphine
Acetyl-alpha-methylfentanyl
Alfentanil
Alfentale
Allylprodine
Alphacetylmethadole
Alphameprodine
Alphamethadol
Acetyl-methylthiofentanyl; Acetyl-methylfentanyl

36
Alphaprodine
2-amino-1-(2,5-dimethoxy-4-methyl)phenylpropa ne
Anileridine
Benzethidine
Benylmorphine
Betacetylmethadole
Beta-hydroxyfentanyl; Betahydroxy-3-methylfentanyl
Betameprodine
Bethamethadol
8-beta-11-dihydroxy-delta-9-tetrahydroxycanna binol
8-beta-hydroxy-delta-9-tetrahydrocanna binol
Betaprodine
Bezitramide
4-Bromo-2,5,dimethoxyphenylethylamine (2C-B)
Butorphanol
Cathinone
Clonitazene
Cocaine
Codoxime
Concentrate of poppy straw (the material arising when poppy straw has entered into a process
for the concentration of its alkaloids, when such material is made available in trade)
delta-8-tetrahydrocanna binol
delta-9-tetrahydrocanna binol
Desomorphine
DET, N, N -diethyltryptamine
Dextromoramide
Diampromide
Diethylthambutene
Difenoxin
Dihydroetorphine ……. P.U.(A)320
Dihydromorphinee
Dimenoxadole
2,5-Dimethoxyamphetamine (DMA)
Dimethoxybromoamphetamine (DOB)
2,5-Dimethoxy-4-ethylamphetamine (DOET)
Dimethylthiambutene
Dioxaphetyl butyrate
Diphenoxylate
Dipipanone
DHMP, 3-(1,2-dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydo-6,6,9-trimethyl-
6H-dibenzo[b,d] pyran
DMT, N,N-dimethyltryptamine
Drotebanol
Ecgonine
Ethylmethylthiambutene
Eticyclidine, N-ethyl-1-phenylcyclohexylamine
Etonitazene
Etorphine
Etoxeridine
Etryptamine……. P.U.(A)320

37
Extract or tincture of cannabis
Extract or tincture of coca leaves
Extract or tincture of opium
Fentanyl
Furethidine
Gamma hydroxybutyric acid (GHB) …P.U.(A) 145
Heroin
Hydrocodone
Hydromorphinol
Hydromorphone
11-hydroxy-delta-8-tetrahydrocanna binol
11-hydroxy-delta-9-tetrahydrocanna binol
Hydroxypethidine
Dihydroetorphine
Etryptamine
Isomethadone
Keobemidone
Ketamine
Levomethorphan
Levomoramide
Levophenacylmorphan
Levophanol
(+)-Lysergide, (+)-N-N-diethyl-lysergamide (d-lysergic acid diethylamide)
Mescaline, 3,4,5-trimethoxyphenylamine
Matazocine
Methcathinone……. P.U.(A)320
Methadone
Methadone-intermediate
Methamphetamine
5-methoxy-3,4 –methylenedioxyamphetamine (MMDA); 4-methylaminorex
Methyldesorphine
Methyldihydromorphine
Methylenedioxyamphetamine (MDA), 3,4-methylenedioxy methamphetamine (MDMA); 3-
methylfentanyl; 1-methyl-4-phenyl-4-piperidinol propionate (MPPP); 3-
methylthiofentanyl
4-methylthioamphetamine (4-MTA)
Metopon
Moramide-Intermediate
Morpheridine
Morphine
Morphine Methobromide and other pentavalent nitrogen morphine derivatives, including in
particular the morphine -N-oxide derivatives one of which is Codeine-N-oxide
Morphine
Myrophine
N-ethyl (MDA); N-hydroxy (MDA)\N-methyl-1-(3,4-methylenedioxyphenyl)-2-butanamide
Nicomorphine
Nimetazepam
Noracylmethadol
11-nor-delta-9-tetrahydrocanna binol-9-carboxylic acid
Norlevorphanol

38
Normethadone
Normorphine
Norpipanone
Oxycodone
Oxymorphone
Para-flurofentanyl
Parahexyl, 3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d] pyran
Paramethoxyamphetamine (PMA)
Pethidine
Pethidine-Intermediate -A
Pethidine-Intermediate -B
Pethidine-Intermediate -C
Phenazocine
1-phenethyl-4-phenyl-4-piperidinol acetate (PEPAP)
Phenomorphan
Phenoperidine
Piminodine
Piritramide
Propheptazine
Properidine
Psilocine, Psilotsin-3-(2-dimethylaminoethyl) -4-hydroxyindole
Psilocybine, 3-(2-dimethylaminoethyl)-indol-4-yl dihydrogen phosphate
Racemothorphan
Racemoramide
Racemorphin
Remifentanil……. P.U.(A)320
Rocyclidine, 1-(1-phenylyclohexyl) pyrrolidine
Sufentanil
STP, DOM, 2- amino-1-(2,5-dimethoxy-4-methyl) phenylpropane
Tenocyclidine, 1-[1-(2-thienyl) cyclohexyl tetrahydrocannabinols, 1- hydroxy-
3-pentyl-6a, 7,10,10a-tetrahydro-6,6,9-trimethyl-6-H dibenzo [b,d] pyran
Thebacon
Thebain
Thiofentanyl
Tilidine
Trimeperidine
3,4,5- Trimethoxyamphetamine (3,4,5-TMA)
The isomers , unless specifically excepted, of the drugs in this Part whenever the existence of
such isomers is possible within the specific chemical designation;
The esters and ethers , unless appearing in another Part, of the drugs in this Schedule
whenever the existence of such esters and ethers is possible;
The salts of the drugs listed in this Part, including the salts of esters, ethers and isomers as
provided above whenever the existence of such salt is possible.

PART IV

Acetyldihydrocodeine
Codeine
Dextropropoxyphene
Dihydrocodeine

39
Ethylmorphine
Nicocodine
Nicodicodine
Norcodine
Pholcodine
Propiram
The isomers , unless specifically excepted, of the drugs in this Part whenever the existence of
such isomers is possible within the specific chemical designation;
The salts of the drugs listed in this Part, including the salts of the isomers as provided above
whenever the existence of such salt is possible.

PART V
PREPARATIONS FOR THE EXPORT OF WHICH EXPORT AUTHORIZATIONS
ARE NOT REQUIRED

1. -deleted- P.U.(A) 151

2. Preparations of cocaine containing not more than 0.1 per cent of cocaine as cocaine
base or preparations of opium or morphine containing not more than 0.2 per cent of morphine
calculated as anhydrous morphine base and compounded with one or more other ingredients
and in such a way that the drug cannot be recovered by readily applicable means or in a yield
which would constitute risk to public health.

3. Preparations of diphenoxylate containing, per dosage unit, not more than 2.5
milligrammes of diphenoxylate calculated as base and a quantity of atropine sulfate
equivalent to at least one per cent of the dose of diphenoxylate.

4. Pulvis ipecacuanha et opii compositus

10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with 80 per cent of any
other powdered ingredient containing no drug.

4A. Preparations of difenoxin containing, per dosage unit, not more than 0.5 milligrammes
of difenoxin calculated as base and a quantity of atropine sulfate equivalent to at least 5 per
cent of the dose of difenoxin .

4B. Preparations for oral use containing not more than 150 milligrammes of
dextropropoxyphene salts per dosage unit or with a concentration of not more than 2.5 per
cent in undivided preparations.

5. Preparations conforming to any of the formulae listed in this Schedule and mixtures
of such preparations with any material which contains no drug.

40
 SECOND SCHEDULE
MALAYSIA
DANGEROUS DRUGS ACT 1952
[Section 20(2)]

FORM A

Serial No………………………………………..
File No…………………………………………

INTERNATIONAL OPIUM CONVENTIONS

CERTIFICATE OF APPROVAL OF IMPORT

In pursuance of the Dangerous Drugs Act 1952, I, the officer to whom authority
is delegated under section 44, hereby certify that I have approved the importation (a) Here
by (a).……………………………………………………………………………… insert name
……………………………………………………………………………………. and full p ostal
address of
importer
of (b) ……………………………………………………………………………………
………………………………………………………………………………………….
(b) here insert
…………………………………………………………………………………………. the
description
from (c) …………………………………………………………………………………and amount
of the drugs
…………………………………………………………………………………………. to be
imported
………………………………………………………………………………………….

subject to the conditions that –

(i) the consignment shall be imported before (date)

(ii) the cons ignment shall be imported by
(iii) the consignment shall be imported through the Customs Office at

(iv) the consignment shall follow the route

(v) the consignment shall not be imported through the post;
may be
and I certify that I am satisfied that the consignment proposed to be imported is required –

(1) for legitimate purposes (in the case of raw opium and coca leaf, poppy straw and
cannabis);
(2) solely for medicinal or scientific purposes (in the case of drugs and preparations
included in Schedules I,II and III to the Single Convention)

Date……………………. (Signature and Stamp)

41
 MALAYSIA
DANGEROUS DRUGS ACT 1952
[Section 19(1)]

FORM B

Serial No. Applicant’s reference No.

File No.

INTERNATIONAL OPIUM CONVENTIONS

EXPORT AUTHORIZATION

In pursuance of the Dangerous Drugs Act 1952, I, the officer to whom authority is
delegated under section 44, hereby authorize
(a) Name,
address and
(a)……………………………………………………………………………….
business of ………………………………………………………………………………….……….
exporter .………………………………………………………………………………………….
. (herein called “the exporter)
to export from –
* Strike out
words not (1) *the port of………………………….by s.s………………………
applicable (2) *……………….by parcel post in………………… parcels from the Post
Office in……………………………………………………
(b) name and
to (b)……………………………………………………………………………
address of
firm in …………………………………………………………………………………..
importing in virtue of Import Certificate No…………………. dated……………………..
country issued by………………………………………………………………………..
for the following drugs namely :

This Authorization is issued subject to the following conditions –

1. This Authorization is not a licence to obtain or be in possession of the

drugs named therein.
2. This Authorization is available only for drugs of the exact quantity, kind
and form specified above.
3. This Authorization does not relieve the exporter from compliance with any
Customs regulations in force for the time being relating to the exportation
of goods from Malaysia nor from any provision of the Post Office Act
1947, or of any Post Office Rules for the time being in force, nor from any
rules or regulations respecting the transmission of articles by post which
may for the time being be in force, whether within Malaysia or elsewhere.
4. If the drugs are authorized to be exported by ship the duplicate copy,
which is attached , shall accompany the consignment to the place of
destination , and for this purpose the exporter shall cause it to be delivered
to the master of the vessel by which the consignment is despatched.

42
 5. If the drugs are authorized to be exported by post the attached duplicate
copy shall be placed inside the outer wrapper of the parcel containing the
drug. If the drug is contained in more than one parcel the duplicate copy
shall be placed inside the outer wrapper of one of them; the parcel shall be
consecutively numbered on the outer wrapper, and on each parcel there
shall be legibly stated the number of the parcel in which duplicate copy is
found.
6. The exporter , if so required by the Director general of Customs and
Excise or the Director General of Posts, shall produce to him, within such
time as he may allow, proof, to his satisfaction, that the said drugs were
duly delivered at the destination named in this Authorization, and in the
event of non-compliance with this condition the Authorization shall be
deemed void and no effect.
7. The exporter shall furnish to the officer to whom authority is delegated
under section 44 of the Dangerous Drugs Act 1952, such returns of the
goods exported by him in pursuance of this Authorization as may from
time to time be required.
8. This Authorization is valid only for the exporter named above and may be
revoked at any time by the officer to whom authority is delegated under
section 44 of the Dangerous Drugs Act 1952. It shall be produced for
inspection when required by any duly authorized person.
9. This Authorization, unless sooner revoked, shall continue in force for
three calendar months from the date thereof. It must be produced, at the
time of export, to an officer of *the Customs Department
*strike out the * the Post Office,
words not
applicable who will retain it

If not used it shall be surrendered to the officer to whom authority is

delegated as aforesaid within seven days of the date of its expiry.

Date………………………………………. (Signature and stamp)

NOTE—

(1) If any alteration is desired in this Authorization it must be returned with a request
for amendment and a statement of the reasons therefor. No authorized alteration is
permissible
(2) In the case of drugs exported by post failure to comply with this condition may
lead to delay or confiscation of the parcels in the country of destination
(3) In the case of drugs for the export of which this document is required in
pursuance of the Single Convention, Article 31, to be produced to the competent
authorities of any country through which the consignment passes, whether it is
transhipped or not. Failure to comply with the condition may lead to delay or
confiscation of the consignment.

43
 MALAYSIA
DANGEROUS DRUGS ACT 1952
[Section 20(1)]

FORM C

Authorization No.

File No.

INTERNATIONAL OPIUM CONVENTIONS

IMPORT AUTHORIZATION

In pursuance of the Dangerous Drugs Act 1952, I, the officer to whom authority is
delegated under section 44, hereby authorize
* Here insert *……………………………………………………………………………….
name and full
postal address ………………………………………………………………………………….……….
of importer. .………………………………………………………………………………………….
. (herein called “the importer) to import the drugs specified in the Schedule hereto,
from + ……………………………………………………
+ Here insert
name and full
postal address ………………………………………………………………………………….
of exporter. …………………………………………………………………………………..

This Authorization is issued subject to the following conditions –

1. The drug shall be imported before (date …………………)

2. This Authorization is not a licence to obtain or be in possession of or to
supply the drugs imported.
3. This Authorization does not relieve the importer from the compliance with
any Customs regulations in force for the time being relating to the
importation of goods into or transhipment of goods in Malaysia , or any
Post Office Rules for the time in force in Malaysia.
4. This Authorization is valid only for the importer and may be revoked at
any time by the Minister to whom it shall in that event be immediately
surrendered. It shall be produced for inspection when required by any duly
authorized person.
5. This Authorization unless sooner revoked shall be produced to the
Customs Officer at the time of importation and shall be surrendered to the
Customs Officer at the time when the last consignment of drugs imported.
6. If the importation of all the drugs specified in the Schedule hereto is not
effected before the date specified in condition No. 1 this Authorization
shall immediately after that date be surrendered to the officer to whom
authority is delegated under section 44 of the Dangerous Drugs Act 1952.
7. The copy of Export Authorization , if any, which accompany the drugs
shall be forwarded to the officer to whom authority is delegated under
section 44 as aforesaid immediately the importation of the drugs has been
effected.
Date………………….. (Signature and stamp)

44