Akta Dadah Berbahaya 1952
Applies to: Federal Act — see s 8 (Application to cannabis and cannabis resin) · Official text ↗
- Defines key terms such as 'dangerous drug', 'cannabis', 'import', and 'export' (s 2).
- Prohibits the possession of raw opium, coca leaves, poppy-straw, or cannabis without authorization (s 6).
- Criminalizes the self-administration or consumption of specific dangerous drugs (s 15).
- Grants powers to Magistrates and Justices of the Peace to issue warrants for search and seizure (s 27).
- Allows police and customs officers to arrest without a warrant for offences under the Act (s 31).
- Establishes presumptions regarding possession, knowledge, and trafficking based on weight and context (s 37).
- Specifies penalties for trafficking, including death or imprisonment for life, and whipping (s 39B).
- Restricts bail for offences punishable with death or imprisonment for more than five years (s 41B).
What this law is
The Dangerous Drugs Act 1952 (Akta Dadah Berbahaya 1952) is numbered Act 234 in the Laws of Malaysia. Where it applies is set out in section 8 (Application to cannabis and cannabis resin).
Its long title, as printed in the official text: An Act to make further and better provision for the regulating of the importation, exportation, manufacture, sale, and use of opium and of certain other dangerous drugs and substances, to make special provision relating to the jurisdiction of courts in respect of offences thereunder and their trial, and for purposes connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Interpretation and definitions (ss 2–3)
- Part II — Control of raw opium, coca leaves, poppy-straw and cannabis (ss 4–7)
- Part III — Control of prepared opium, cannabis and cannabis resin (ss 8–10)
- Part IV — Control of certain dangerous drugs (ss 11–17)
- Part V — Control of external trade (ss 18–25)
- Part VA — (s 25A-25P)
- Part VI — Ancillary and general provisions (ss 26–50)
Part titles are from the official arrangement of sections.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Possession of raw opium, coca leaves, poppy-straw or cannabis without authorization | fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding five years or to both | s 6 |
| Self administration of dangerous drugs | fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years | s 15(1) |
| Offence under this Act for which no penalty is specifically provided | fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both | s 39 |
| Offence where subject matter is 2g-5g heroin, 20g-50g cannabis, etc. | 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 | s 39A(1) |
| Trafficking in a dangerous drug | death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than twelve strokes | s 39B(2) |
Laws cited on this page
| Act 234 | Dangerous Drugs Act 1952 Akta Dadah Berbahaya 1952 | PDF · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines the terms used in the Act, such as 'dangerous drug', 'cannabis', 'import' and 'export'. |
| s 6 | Makes it an offence to keep or possess raw opium, coca leaves, poppy-straw, or cannabis without proper authorization, punishable by a fine or imprisonment. |
| s 15 | Prohibits a person from consuming or administering to themselves dangerous drugs specified in Parts III and IV of the First Schedule, or being in premises used for such purposes. |
| s 27 | Empowers Magistrates or Justices of the Peace to issue warrants for the search and seizure of dangerous drugs and related items, and allows officers to enter premises forcibly if necessary. |
| s 31 | Allows police or customs officers to arrest without a warrant anyone reasonably believed to have committed an offence under the Act and to seize related packages or conveyances. |
| s 36 | Places the burden of proving any licence, authorization, or defence on the person claiming it, rather than on the prosecution. |
| s 37 | Creates legal presumptions, such as deeming a person to be in possession of a drug if found in their custody, or presuming trafficking if certain weight thresholds are met. |
| s 39 | Sets a general penalty for offences not specifically provided for, which is a fine or imprisonment or both. |
| s 39A | Imposes increased penalties, including imprisonment and whipping, for offences involving specific weight ranges of dangerous drugs. |
| s 39B | Criminalizes trafficking in dangerous drugs, punishable by death or imprisonment for life, and whipping if not sentenced to death. |
| s 41B | Bail may not be granted to a person charged with an offence under the Act that is punishable with death or with imprisonment for more than five years, or — for offences punishable with five years or less — where the Public Prosecutor certifies in writing that granting bail is not in the public interest. |
Worked examples
Facts. Police find a small packet of cannabis in the boot of Ahmad's car. He has no authorisation.
The law. Keeping or having in possession, custody or control any cannabis except under an authorisation is an offence (s 6). Under s 37, a person found with a drug may be presumed to have it in his possession and to know its nature until the contrary is proved. Higher penalties apply where the quantity reaches the weights in ss 39A and 37(da).
Outcome. For an amount below the s 39A weights, Ahmad is liable on conviction to a fine not exceeding twenty thousand ringgit or imprisonment not exceeding five years or both (s 6).
Facts. Siti is found in a room where she has just smoked a substance identified as a dangerous drug specified in Part III of the First Schedule. She admits to consuming it herself.
The law. Section 15(1)(a) makes it an offence to consume or administer to oneself a dangerous drug specified in Parts III and IV of the First Schedule. Section 15(2) defines 'consumes' to include smoke.
Outcome. Siti is guilty of an offence under s 15(1) and liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years (s 15(1)).
Facts. Ravi is arrested with 20 grams of heroin in his bag. He claims he was carrying it for someone else but has no authorization.
The law. Section 37(da)(i) presumes that a person found in possession of 15 grammes or more of heroin is trafficking in the drug, until the contrary is proved. Section 39B(1)(a) prohibits trafficking in a dangerous drug.
Outcome. Ravi is presumed to be trafficking under s 37(da)(i). If convicted under s 39B(1), he is punishable with death or imprisonment for life and, if not sentenced to death, whipping of not less than twelve strokes (s 39B(2)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can I be arrested without a warrant for drug offences?
Yes, any police officer or 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 (s 31(1)). Every offence against this Act is deemed to be a seizable offence (s 31(1)).
Who has to prove that I had a licence or authorization?
The burden of proving any licence, authorization, authority, or other matter of exception or defence is on the person seeking to avail themselves of it (s 36). It is not necessary for the prosecution to negative these by evidence (s 36).
When am I presumed to be trafficking?
A person found in possession of 15 grammes or more of heroin (and other set quantities, such as 200 grammes or more of cannabis) is presumed to be trafficking until the contrary is proved (s 37(da)). Trafficking is punishable with death or imprisonment for life and, if not sentenced to death, whipping of not less than twelve strokes (s 39B(2)).
Can the police enter my house without a warrant?
Generally, a Magistrate or Justice of the Peace must issue a warrant for entry and search (s 27(1)). However, if a police officer not below the rank of Sub-Inspector has reasonable cause to believe a dangerous drug is concealed and good grounds to believe delay would frustrate the search, they may exercise the powers of search and seizure without a warrant (s 27(4)).
Will I get bail if I am charged with trafficking?
Bail shall not be granted to an accused person charged with an offence punishable with death (s 41B(1)(a)). Since trafficking is punishable with death or imprisonment for life (s 39B(2)), bail is generally not granted under s 41B(1)(a).
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Sources
Related
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