Malaysia: Cannabis Laws (Death Penalty for Trafficking)

Last updated: December 11, 2025

Legal notice: Informational only--not legal advice. Penalties in Malaysia are severe, including long imprisonment and potential capital punishment for trafficking above thresholds. Verify on official portals below. See Legal Disclaimer & No-Warranty.

Quick Summary

Malaysia enforces strict cannabis prohibition under the Dangerous Drugs Act 1952. Cannabis possession, consumption, cultivation, trafficking, import, and export are criminal offenses carrying severe penalties. While Malaysia abolished the mandatory death penalty for drug trafficking in 2023, judges retain discretion to impose capital punishment for trafficking 200 grams or more of cannabis.

The law makes no distinction for personal use or small amounts. Medical cannabis remains prohibited for general consumer use. Malaysia's drug policy emphasizes enforcement and deterrence rather than harm reduction or decriminalization.

Legal Framework

Dangerous Drugs Act 1952

Malaysia's primary narcotics control statute was enacted in 1952 and has been amended numerous times. The Act prohibits all forms of cannabis, including marijuana flower, concentrates, edibles, oils, and any cannabis derivatives.

Cannabis is classified as a dangerous drug under the First Schedule of the Act. All cannabis-related activities require authorization from the Minister of Health, which is granted extremely rarely and only for legitimate scientific research.

National Anti-Drug Agency (AADK)

The Agensi Anti-Dadah Kebangsaan (AADK), or National Anti-Drug Agency, serves as Malaysia's primary drug enforcement and prevention body. AADK operates under the Ministry of Home Affairs and conducts:

• Drug enforcement operations
• Rehabilitation programs
• Public education campaigns
• Drug user registrations
• Monitoring and aftercare services

AADK works alongside the Royal Malaysian Police (PDRM) to enforce the Dangerous Drugs Act.

Penalties by Quantity

Malaysia's penalties escalate sharply based on cannabis quantity. Courts impose mandatory minimum sentences for most offenses.

Less Than 20 Grams

Possession of less than 20 grams of cannabis:

• Maximum 5 years imprisonment, or
• Fine up to RM20,000 (approximately USD $4,500), or
• Both imprisonment and fine

20 to 50 Grams

Possession of 20 to 50 grams:

• 2 to 5 years imprisonment
• 3 to 9 strokes of whipping (mandatory caning)

50 to 200 Grams

Possession of 50 to 200 grams:

• Life imprisonment (25 years in practice), or
• Minimum 5 years imprisonment
• 10 strokes of whipping (mandatory)

200 Grams or More: Presumption of Trafficking

Under Section 37(da) of the Dangerous Drugs Act, possession of 200 grams or more of cannabis creates a statutory presumption of trafficking. This shifts the burden of proof to the defendant, who must prove the cannabis was not for distribution.

Before 2023, Section 39B mandated the death penalty for trafficking 200 grams or more. Following the 2023 amendment abolishing mandatory capital punishment, judges now have discretion to impose:

• Death penalty, or
• Life imprisonment (25+ years in practice)
• Minimum 12 strokes of whipping

Alternatively, courts may impose:

• 30 to 40 years imprisonment
• Minimum 12 strokes of whipping

Caning (Corporal Punishment)

Malaysia retains judicial corporal punishment for drug offenses. Caning is administered with a 1.2-meter rattan cane, similar to Singapore's practice. It causes severe pain and permanent scarring.

Caning cannot be imposed on:

• Women
• Men over 50 years old
• Men deemed medically unfit

2023 Death Penalty Reform

In July 2023, Malaysia abolished the mandatory death penalty for 11 offenses, including drug trafficking. Previously, judges had no choice but to impose death sentences for trafficking above statutory thresholds.

Current Status

The death penalty remains available but no longer mandatory. Judges now have discretion to consider:

• Whether the defendant was a minor participant
• Whether the defendant cooperated with authorities
• Whether trafficking was coerced
• The defendant's personal circumstances

Retrospective Application

Malaysia's 2023 reform allows prisoners currently on death row for drug offenses to petition for resentencing. As of late 2024, hundreds of inmates have filed petitions, though court processing remains slow.

Executions Continue

Despite the reform, Malaysia has continued to carry out executions for drug trafficking. Human rights organizations, including Amnesty International and the Anti-Death Penalty Asia Network, continue to advocate for complete abolition.

Drug Enforcement Statistics (2024-2025)

According to AADK, Malaysia recorded 192,857 drug users in 2024, representing a 32.5% increase from 2023. Cannabis accounted for 3.7% of cases, with amphetamine-type stimulants (ATS) being the most prevalent at 72.5%, followed by opiates at 20.6%.

Notably, 85% of drug arrests in Malaysia involve people suspected of using drugs or carrying amounts too small to meet trafficking thresholds. Only 15% of arrests are related to supply or trafficking.

About 7,000 people underwent rehabilitation at AADK facilities in 2024 at a cost of RM65 per day, totaling RM166 million. AADK's total annual budget is approximately RM400 million.

Medical Cannabis Status

As of December 2025, Malaysia has no legal medical cannabis program for consumer use. All laws, restrictions, and prohibitions remain in place.

Research and Regulatory Discussions

Malaysia's Ministry of Health has discussed exploring medical cannabis for therapeutic use, particularly for conditions like epilepsy and chronic pain. In 2024, academic journals published analyses of potential regulatory frameworks for medical cannabis in Malaysia.

However, legal changes have been slow. No timeline exists for a consumer-accessible medical cannabis program. Experts emphasize that any future program would require:

• Strict regulatory oversight by the Ministry of Health
• Licensed cultivation and manufacturing
• Physician prescription requirements
• Narrow qualifying conditions
• Ongoing monitoring and review

Confusing Tax Code Incident (2025)

In June 2025, Malaysia's Ministry of Finance clarified that a 5% sales and service tax (SST) code appearing to reference cannabis products was an administrative error. Cannabis remains fully illegal, and no legal market exists for taxation purposes.

Regional Comparison

Malaysia's Southeast Asian neighbors enforce varied cannabis policies:

• Thailand: Decriminalized cannabis in 2022, allowing medical and some recreational use
• Singapore: Death penalty possible for trafficking over 500 grams; mandatory life imprisonment for 330-500 grams
• Indonesia: Death penalty for trafficking; 4-12 years for possession
• Brunei: Strict Islamic law prohibits all drugs; death penalty for trafficking

Important: Liberalized policies in neighboring countries (particularly Thailand) provide no protection in Malaysia. Malaysian law applies to all conduct within Malaysia's borders.

Practical Guidance for Travelers

Before You Travel to Malaysia

• Do not bring any cannabis products, CBD oils, or THC-containing items
• Do not assume products legal in your home country are acceptable
• Do not rely on medical marijuana prescriptions from other countries
• Do not transit through Malaysia with cannabis in checked or carry-on baggage
• Declare all medications at customs with prescriptions and doctor's notes

CBD and Hemp Products

Malaysia prohibits all cannabis derivatives, including CBD (cannabidiol) and hemp products. Even products labeled as "THC-free" or "legal CBD" are prohibited under the Dangerous Drugs Act.

While in Malaysia

• Avoid all cannabis use, even in private settings
• Do not accept substances from strangers
• Understand that penalties apply equally to tourists and residents
• Malaysia's tourist-friendly reputation does not extend to drug tolerance
• Be aware that police conduct random drug tests and roadside checks

If Questioned by Authorities

• Remain calm and respectful
• Request consular access from your embassy immediately
• Do not sign documents you don't understand
• Seek legal representation before making any statements
• Do not attempt to negotiate or pay bribes (this is also a criminal offense)

Malaysia's police officers may speak English in urban areas like Kuala Lumpur, but interpreters may be necessary in rural areas. Your embassy can provide lists of defense attorneys but cannot interfere with Malaysia's legal system.

Drug Rehabilitation Programs

Malaysia operates mandatory drug rehabilitation under the Dangerous Drugs (Special Preventive Measures) Act 1985. AADK oversees several types of facilities:

Cure and Care Centers (CCC)

Residential treatment facilities where drug users undergo 6 months to 2 years of rehabilitation. Programs include:

• Medical detoxification
• Counseling and behavioral therapy
• Vocational training
• Religious and moral education
• Family reintegration support

Conditional Release and Supervision

After completing residential rehabilitation, individuals are released under supervision for 2 years. They must:

• Report regularly to AADK officers
• Submit to random drug testing
• Attend follow-up counseling
• Avoid known drug users

Criticisms of the System

Drug policy experts and human rights advocates have criticized Malaysia's approach:

• 85% of arrests are for minor possession, straining resources
• Rehabilitation facilities resemble prisons in many respects
• Mandatory detention violates international human rights standards
• Lack of voluntary, community-based treatment options
• High relapse rates suggest rehabilitation programs need reform

In 2025, policymakers began discussing whether minor drug cases should be treated more like traffic offenses, with fines and diversion programs rather than incarceration. However, no legislative changes have been enacted.

Border Crossings and Transit

Malaysia shares land borders with Thailand (north) and Singapore (south). Both crossings see heavy drug enforcement.

Malaysia-Thailand Border

Thailand's 2022 cannabis decriminalization has created enforcement complications. Malaysian authorities have increased screening at northern crossings to intercept cannabis entering from Thailand.

Travelers crossing from Thailand should:

• Ensure no cannabis products remain in vehicles or baggage
• Be aware that Thai legal cannabis becomes illegal upon entering Malaysia
• Expect thorough inspections and possible drug testing

Malaysia-Singapore Border

Singapore's strict enforcement matches Malaysia's. Travelers should ensure no prohibited substances are present when crossing in either direction.

Kuala Lumpur International Airport (KLIA)

KLIA conducts rigorous screening:

• Drug-detection canines patrol arrival and departure areas
• Random baggage inspections
• Customs declaration requirements
• Cooperation with international enforcement databases

Keep Learning

• Regional context: Cannabis Laws by Country & Region
• Legal protections: Legal Disclaimer & No-Warranty
• Southeast Asian neighbors: Indonesia Cannabis Laws, Singapore Cannabis Laws
• Trust workflow: Information You Can Trust, How We Fact-Check
• Safety: Responsible Use Guide

Official Government Sources (Verify Here)

Always verify current law on these official Malaysian government portals:

• Attorney General's Chambers - Dangerous Drugs Act 1952: https://www.agc.gov.my/agcportal/index.php?r=portal2/lom&menu_id=VzZCT29ESkc2S3hsMldZa3JITFlxZz09
• National Anti-Drug Agency (AADK): https://www.adk.gov.my
• Royal Malaysian Police (PDRM): https://www.rmp.gov.my
• Ministry of Health Malaysia: https://www.moh.gov.my

Additional Resources

• Cannabis in Malaysia (Wikipedia): https://en.wikipedia.org/wiki/Cannabis_in_Malaysia
• AskLegal.my - Malaysia's Drug Laws Explained: https://asklegal.my/p/Malaysia-drug-smuggling-trafficking-death-penalty
• Your embassy/consulate contact information (look up before travel)