The Dangerous Drugs Act 1952 (Act 234) is Malaysia's main drug law. Taking a drug can bring a fine of up to RM5,000 or up to 2 years in prison. Having most dangerous drugs in your possession can bring a fine of up to RM100,000 or up to 5 years in prison. Trafficking carries death or life imprisonment, and since July 2023 a judge is no longer forced to choose death. This page sets out the penalties section by section, as at October 2026.
If you are reading because someone you love has been caught or has tested positive, keep one thing in mind. These are the penalties the Act sets, and the court decides each case. There is also a second track, a treatment law that changed in 2025, which is explained further down.
The penalties at a glance
| What the offence is | Section | What the Act says |
|---|---|---|
| Taking (consuming) a drug | 15(1)(a) | Fine up to RM5,000, or prison up to 2 years |
| Taking drugs again, after two earlier records | 39C | 5 to 7 years in prison and up to 3 strokes of the cane; later, 7 to 13 years and 3 to 6 strokes |
| Having most dangerous drugs in your possession | 12(2) and 12(3) | Fine up to RM100,000, or prison up to 5 years, or both |
| Possession of set smaller amounts | 39A(1) | 2 to 5 years in prison and 3 to 9 strokes |
| Possession of set larger amounts | 39A(2) | Life in prison, or at least 5 years, and at least 10 strokes |
| Trafficking | 39B | Death or life in prison; at least 12 strokes if not sentenced to death |
Taking a drug: section 15(1)(a)
Section 15(1)(a) makes it an offence to consume a dangerous drug. The penalty is a fine of up to RM5,000 or prison of up to 2 years. There is no whipping for this offence on its own. Being found in a place used for taking drugs, section 15(1)(b), carries the same penalty.
Prison is not always the last step. In the Ministry of Health reprint we read, section 38B says that after the sentence is served the person must be supervised by an officer under the Drug Dependants (Treatment and Rehabilitation) Act 1983, for not less than 2 and not more than 3 years, as the court decides. We have not confirmed whether that wording changed with the 2025 amendments. The National Anti-Drugs Agency (AADK) has also said that a person charged by police under section 15(1)(a) or section 12(2) has a criminal record.
Taking drugs again: section 39C
The penalties climb for repeat offences. Section 39C applies to a person who already has at least two earlier records for drug taking, such as admissions to a drug rehabilitation centre or convictions under section 15(1)(a), in the combinations the section lists, and who is found guilty again. In plain terms, it starts to bite around the third time, not the first or second.
- First step: prison of not less than 5 years and not more than 7 years, plus whipping of up to 3 strokes.
- If the person offends again after that: prison of not less than 7 years and not more than 13 years, plus 3 to 6 strokes.
Possession: sections 12 and 39A
Section 12(2) says no one may have a dangerous drug in their possession, custody or control unless authorised. The penalty in section 12(3) is a fine of up to RM100,000, or prison of up to 5 years, or both. Cannabis, raw opium, coca leaves and poppy-straw come under section 6, and prepared opium under section 9, each with a fine of up to RM20,000, or prison of up to 5 years, or both.
Section 39A is heavier. When the amount involved reaches set weights, it replaces the ordinary penalty. A few examples from the Act:
- Smaller band (2 to 5 years and 3 to 9 strokes): heroin or morphine 2 g to under 5 g, cannabis 20 g to under 50 g, opium 100 g to under 250 g, amphetamine-type drugs 5 g to under 30 g.
- Larger band (life, or at least 5 years, and at least 10 strokes): heroin or morphine 5 g or more, cannabis 50 g or more, opium 250 g or more, amphetamine-type drugs 30 g or more.
When possession is presumed to be trafficking: section 37(da)
Section 37(da) says that a person who has these amounts or more is presumed to be trafficking, "until the contrary is proved". In plain words, the court starts from the assumption that the drug was for trafficking, and it is for the accused to show otherwise.
| Drug | Weight that raises the presumption |
|---|---|
| Heroin | 15 g or more |
| Morphine | 15 g or more |
| Cannabis (and cannabis resin) | 200 g or more |
| Cocaine | 40 g or more |
| Methamphetamine (syabu) | 50 g or more |
| MDMA (ecstasy) | 50 g or more |
| Amphetamine | 50 g or more |
| Raw or prepared opium | 1,000 g or more |
| Coca leaves | 2,000 g or more |
The section lists more drugs than this table shows. A presumption is the starting point of a case, and the court still hears it.
Trafficking: section 39B
"Trafficking" in the Act is wider than selling. It covers manufacturing, importing, exporting, keeping, concealing, buying, selling, giving, receiving, storing, administering, transporting, carrying, sending, delivering, procuring, supplying and distributing a dangerous drug. Carrying or delivering a package for someone can fall within it. A trafficking prosecution can only be started by, or with the consent of, the Public Prosecutor.
The punishment under section 39B is death or imprisonment for life and, if the person is not sentenced to death, whipping of at least 12 strokes.
The 2023 change
Until 2023, death was the mandatory sentence on conviction for trafficking. The Abolition of Mandatory Death Penalty Act 2023 (Act 846), in force from 4 July 2023, gave judges a choice. For section 39B it also lowered the minimum whipping from 15 strokes to 12.
What the alternative to death is has been reported in two ways, so here is what the sources show:
- The Act text for section 39B still says "imprisonment for life". The 30 to 40 years range that appears in many news reports is the general rule Act 846 set for other offences. Madpet, a group campaigning against the death penalty, says it was never written into section 39B.
- Courts have used both. Two men in Seremban were given 30 years and 12 strokes in August 2023, and two couriers were given 30 years and 12 strokes in September 2026, a term the prosecutor had recommended. A High Court in January 2025 gave life and 12 strokes, according to Madpet.
We have found no later amendment to section 39B as at October 2026.
Whipping and who is exempt
Whipping is added to sections 39A, 39B and 39C. Under section 289 of the Criminal Procedure Code, women, men sentenced to death, and men whom the court considers to be over 50 years of age cannot be whipped.
The 2025 treatment law: Act 283
Alongside the criminal law there is a treatment law, Act 283. It was amended by Parliament in July 2024 and came into force on 22 August 2025. Before that, AADK's powers covered only people who were drug dependants. They now also cover people who misuse drugs or substances, including ketum, without being dependent. The Home Minister reported on 18 August 2026 that 2,145 people had come forward voluntarily for treatment in the first year.
AADK says that people who come forward voluntarily, or who are referred under this Act, are given treatment and rehabilitation rather than criminal penalties, and have no criminal record. It also says that people charged by police under the Dangerous Drugs Act do have one, and that possession has not been decriminalised as national policy. We explain the steps after a positive urine test in what happens after a positive drug test in Malaysia.
What this means for a family
The Dangerous Drugs Act sets out the offences and what a court can do. Why a person you love keeps using, and how they stop, are health questions.
Dependence is a health condition. It changes how the brain handles reward and self-control, which is why a person can mean every promise to stop and still not manage it. Threats and shame rarely change that.
What helps:
- Withdrawal managed with medical care. Stopping suddenly can be unsafe with some substances, so get medical advice first.
- Therapy that deals with the reasons the person began using, not only the using.
- Time away from the people, places and routines tied to use. This is why we use 90 days.
- A family that stays involved. Our guide on talking to someone about getting help covers that first conversation.
What does not help: waiting for the person to hit "rock bottom", punishment on its own, or repeated attempts to quit alone.
Acting early matters. Dependence usually deepens with time. Treatment is health care. It does not change what the law says about any offence.
How Salus can help
Salus offers a private, confidential, voluntary 90-day residential programme for adults aged 18 and over in Cyberjaya, Selangor. Withdrawal is managed alongside medical care, and the person comes by their own choice. Our drug rehabilitation centre page explains the 90 days, and our syabu guide covers the drug behind most of the addiction cases AADK records.
You are welcome to call or message Salus for a confidential conversation. The person does not need to be part of the first call.
This article is general information, not legal advice. If someone has been charged or detained, speak to a lawyer.
