A positive urine test in Malaysia usually leads down one of two roads. If the National Anti-Drugs Agency (AADK) handles it, the aim is a treatment order from a court, either in a centre or in the community, and AADK says this does not create a criminal record. If the police handle it, especially where drugs were found, the person can be charged under the Dangerous Drugs Act 1952. Consuming a drug under section 15(1)(a) carries a fine of up to RM5,000 or up to 2 years in prison.
Which road it is depends mostly on who made the arrest and what was found. This guide is current as at October 2026 and explains each step, the possible outcomes, and the law that changed on 22 August 2025. One warning first: AADK's published FAQ on detention and testing was written before that change, and the amended order lengths are not yet confirmed in a published text. Ask the officer or a lawyer for the current position.
Two agencies, two roads
| AADK road | Police road | |
|---|---|---|
| Law used | Act 283, the drug dependants (treatment and rehabilitation) law | Dangerous Drugs Act 1952 (Act 234) |
| Usual trigger | A positive test, with no drugs found on the person | Drugs found, or a charge for consuming |
| Aim | Treatment and rehabilitation | Prosecution and punishment |
| Criminal record | AADK says no | AADK says yes, once charged under section 12(2) or 15(1)(a) |
The record point comes from AADK's Director-General in May 2025: people charged by the police under those sections have a criminal record, while people handled through Act 283 do not.
Step by step
Step 1, the first test. A urine screening test checks for drugs. It is a quick first check, not the final word.
Step 2, detention for testing. AADK's FAQ says a person suspected of being a drug addict can be detained under section 3(1) of the 1983 Act "within 24 hours" for a screening test. While the pathology laboratory confirms the result, the FAQ says the person may be remanded for up to 14 days. If the laboratory result has still not come back, an AADK officer can release the person on bail, and the person must still attend court on the date given.
That FAQ was last updated on 15 November 2021. The Malay page shows a recent date, but it still uses the old name of the Act and the same wording. So these 24 hour and 14 day figures describe the law before August 2025. Whether they still apply unchanged is not confirmed.
Step 3, laboratory confirmation. The sample goes to a pathology laboratory. AADK says this can take two weeks or more, depending on the drug.
Step 4, the court decides. AADK's FAQ says the order to send someone to a rehabilitation centre (PUSPEN) or to undergo rehabilitation in the community is made by the court, on the recommendation of an AADK officer. AADK needs the confirmed result and a doctor's confirmation first.
Step 5, the outcome. See the next section.
The possible outcomes
| Outcome | Who decides | What it means in practice |
|---|---|---|
| Treatment order in a centre | The court, on AADK's recommendation | Residential rehabilitation at an AADK rehabilitation centre (PUSPEN) |
| Supervision in the community | The court, on AADK's recommendation | The person lives at home, follows set conditions and reports to AADK |
| Prosecution, section 15(1)(a) Dangerous Drugs Act | The court, after a police charge | Fine up to RM5,000, or prison up to 2 years. There is no whipping for this offence |
| Supervision after conviction, section 38B | The court | After the sentence is served, supervision by an officer for 2 to 3 years, as set by the court (wording in the Act reprint we read; not confirmed since the 2025 changes) |
Three more points to know:
- Breaking supervision has its own penalty. AADK's FAQ says that breaching the conditions can mean prison of up to 3 years, up to 3 strokes of the cane, or both. That is again the pre-2025 wording.
- Repeat convictions are treated more heavily. Under section 39C, a person with enough earlier admissions or convictions who is found guilty of consuming again faces 5 to 7 years in prison and up to 3 strokes at the first tier. The companion guide, drug laws in Malaysia, sets out the full list of penalties.
- Drugs found on the person change the picture. A positive urine test alone is one thing. If drugs are found, the charge may be possession, and the penalties are far higher. Possession of most dangerous drugs under section 12(2) carries up to RM100,000 or 5 years, or both, and larger amounts are treated more seriously still. For syabu (methamphetamine), what the person is facing depends on the weight found, which is why a lawyer needs the exact facts.
What changed on 22 August 2025
The amended Act 283 came into force on 22 August 2025. In Malay it is now called the Akta Penagih dan Penyalah Guna Dadah dan Bahan (Rawatan dan Pemulihan) 1983. The English title has been reported in different ways, so this guide just says Act 283.
The main change is who is covered. Before, AADK's powers reached drug dependants only. Now they also reach drug and substance misusers, meaning people who use occasionally and are not dependent. AADK's Director-General said that even someone who uses once a year can be dealt with under the Act if detected. Ketum users are included: in July 2025 he said they can be sent for treatment even if not addicted, if they test positive. Our guide to ketum addiction and treatment explains more.
AADK officers also have a wider role. The Director-General said the agency's roles have grown in both treatment and enforcement, and AADK previously had no legal power to detain people who were not dependent.
On order lengths, when the Bill was first tabled in July 2024, reports described up to two years for dependants (in a centre or in the community), and for misusers up to two years in the community or up to six months in a centre, with extensions for repeat cases. The Bill then went to a select committee. We have not seen the final published text, so treat those figures as unconfirmed.
The first year in numbers
The Home Minister gave these figures on 18 August 2026 for the first year of the amended Act:
- 2,145 people sought treatment voluntarily: 1,401 community-based and 744 institutional.
- 23,317 people were recorded as persons under suspicion.
- 1,109 ketum users were detected.
Coming forward voluntarily
AADK has said repeatedly that people who come forward for treatment on their own are not arrested or prosecuted:
- In January 2026, AADK said people struggling with drugs who come forward for voluntary treatment will not be arrested.
- In June 2026, an AADK enforcement director, speaking about the 689 people who came forward up to 31 May 2026, said those who come forward for treatment "will not face legal action".
- AADK's voluntary clinic page says clients are "not bound by any legal implication".
This is AADK's stated policy. It is not a section of the law that grants immunity, and we have not found one. Possession and use remain offences under the Dangerous Drugs Act, so if the police arrest someone first, a charge can still follow. Whether and how a relative can start the process for an adult is something to ask AADK directly, as the amended wording is not confirmed. AADK says people can go to an AADK office or a nearby narcotics recovery centre.
What a family can do in the first 48 hours
- Stay calm and gather the facts. Find out who is holding the person, at which station or AADK office, and under which law. Write down names and times.
- Get a lawyer for the legal questions. Only a lawyer can tell you what applies to this person. Ask the officer or the lawyer for the current position, since the published FAQ is out of date.
- Look after their health. Tell the officers about any medical conditions and medicines. Stopping alcohol, sleeping pills or some other substances suddenly can be dangerous, so if the person is unwell or shaking, ask for a doctor.
- Think about treatment, without rushing it. Treatment is health care. It does not replace the legal process and it is not a way around it. But once the immediate situation is clearer, deciding on help is worth doing early. Our guide on talking to someone about getting help can help with the conversation.
What this means for a family, and what helps
In practice, the law now tries to separate two questions: a health question (does this person need treatment?) and a legal question (was an offence committed?). A positive test is a signal, not a diagnosis. Someone who tried a drug at a party and someone who cannot get through the day without it are in very different places, and the response should be different too.
Dependence is a health condition. Repeated use changes how the brain handles reward, stress and self-control, which is why willpower and punishment alone so rarely work. It responds to treatment.
What helps:
- Withdrawal managed with medical care, so it is safe and bearable.
- A psychiatric assessment, because anxiety, depression and trauma often sit underneath.
- Talking therapies such as cognitive behavioural therapy and motivational interviewing.
- Family involvement, and enough time. A 90-day programme gives new habits time to hold.
What does not help: shame, ultimatums, or trying to stop alone with alcohol or sleeping pills, which can be dangerous. If relapse happens, the plan needs adjusting, and the person is still treatable.
Acting early matters because each month of use adds health, work and money problems that make recovery harder.
How Salus can help
Salus is a private, confidential, voluntary 90-day residential programme in Cyberjaya, Selangor, for adults aged 18 and over. Withdrawal is managed alongside medical care, and the clinical team builds a plan around the person. You can read about our drug rehabilitation centre, including our treatment for syabu (methamphetamine) addiction.
If you are worried about someone, call or message Salus for a confidential conversation. The person does not need to be with you when you call.
This article is general information, not legal advice. If someone has been charged or detained, speak to a lawyer.
