The Struggle of a Young Man’s Criminal Record
KUALA LUMPUR – Mat, a former college student who prefers to use a pseudonym, found himself in a difficult situation in 2017 when he was just 20 years old. He wanted to make a special kind of cookie that only he could create. To do this, he needed to restock his supply of cannabis. His first stop was the grocery store, followed by a visit to his dealer for 70 grams of marijuana.
Mat explained via phone that he needed to make a special butter for the cookies and that the amount of cannabis required was specific to the recipe. However, things took an unexpected turn when he was caught at a police checkpoint while returning home. Panicking, he jumped off his friend’s motorcycle and tried to flee on foot, clutching his stash.
The police quickly identified him and discovered the marijuana. Although the amount was not enough to qualify as trafficking under the Dangerous Drugs Act 1952, it was still significant enough to lead to his arrest. Mat and his friend were detained under Section 39A (2) of the Dangerous Drugs Act for drug possession and spent the night in jail.
In the morning, Mat was brought up for remand but did not receive bail. His friend was pressured to become a witness for the prosecution. Determined to fight the charges, Mat remained in jail awaiting his court date. After nine months, he changed his plea to guilty and was sentenced to five years in prison and 10 strokes of the cane.
Despite being neither an addict nor interested in trying harder drugs like heroin or methamphetamines, Mat has never been involved in violent crimes. Yet, a background check would reveal him as an “undesirable person” or criminal under the Registration of Criminals and Undesirable Persons Act 1969 (RCUPA). This label has significantly limited his job prospects and ability to continue his studies.
A Common Scenario in Malaysia
Mat’s case is not an isolated incident. Experts argue that it reflects a common scenario due to Malaysia’s approach to drug offenses. For decades, the country has relied heavily on punitive actions and the criminal justice system to address drug issues. While criminalization may appear to tackle drug use, it often causes more harm than good.
Prof Datuk Dr Adeeba Kamarulzaman, chairman of the Malaysian AIDS Foundation, emphasized this point during Malaysia’s first Drug Policy Summit in November. She stated that the current approach focuses on punishment rather than addressing the root causes of drug use.
The Colonial Legacy of Drug Laws
Human rights activist Dobby Chew Chuan Yang highlighted that Malaysia’s strict drug laws originated from the colonial era. These laws take a personal approach to drug use and trade, punishing individuals harshly without investigating underlying causes.
He noted that the legal system focuses on whether an individual has committed an offense, rather than exploring the reasons behind it. The laws also allow for presumption of guilt for anyone caught in the dragnet, placing the burden of proving innocence on the individual.
Unlike other crimes, where the presumption of innocence applies, drug offenses do not require a direct victim. Instead, society itself is considered the victim. This lack of distinction between minor offenses and serious crimes like trafficking leads to disproportionate punishments.
The Impact on Society
The current policy approach fails to address social determinants of health such as poverty, which increases the risk of drug use and lack of education. Dr Adeeba pointed out that she rarely met drug offenders from wealthy backgrounds during her visits to Kajang Prison.
Since the war on drugs began in the 1980s, the global drug trade has grown significantly. In Malaysia, the number of drug cases and arrests has also increased. According to statistics, the numbers have risen steadily over the years, affecting many young people from low-income backgrounds.
The Path to Reform
Recent years have seen efforts towards drug policy reform in Malaysia. The government has taken steps to amend the RCUPA to expunge records of individuals convicted of non-violent or minor offenses after a certain period. Additionally, amendments to the Drug Dependents (Treatment and Rehabilitation) Act have decriminalized drug use, requiring users to enter rehabilitation centers instead of facing imprisonment.
However, experts warn that these changes retain the punitive aspect of drug laws and may hinder people from seeking help. Decriminalizing minor drug offenses and treating drug abuse as a public health issue is essential to repair the harm caused by harsh penalties.
A Call for Change
Deputy Health Minister Datuk Lukanisman Awang Sauni shared similar concerns about the long-term impact of criminal records on individuals’ futures. He emphasized the need to rethink and reform drug policies, especially considering the high incidence of drug use among the 19-39 age group, who contribute significantly to the economy.
The government’s commitment to change is evident, but the path to decriminalization may be challenging. Addressing the issue requires a shift in perspective, focusing on rehabilitation and support rather than punishment.