The Ministry of Health (MOH) allows the use of products containing marijuana or cannabis for medical purposes in Malaysia.
This comes after Muar MP, Syed Saddiq Syed Abdul Rahman asked the ministry on Malaysia’s position on the use of hemp or ‘medical marijuana’ as a form of alternative medicine to be offered to patients, as implemented by various foreign countries and recognised by the international medical community.
In a written parliamentary response, Health Minister Khairy Jamaluddin shared that existing acts do regulate cannabis and that the Dangerous Drugs Act 1952, Poisons Act 1952 and the Sale of Drugs Act 1952 does not prohibit the use of cannabis for medical purposes.
“A product containing cannabis for the use of human medical purposes can be imported and used in Malaysia if the product that contains cannabis is done in compliance with the requirements of the law,” he wrote.
Among the laws include:
- that the product must be registered by the Drug Control Authorities, as prescribed under the Drugs and Cosmetics Control Regulations 1984 under the Sale of Drugs Act 1952.
- that the importation of the product is done by an importer who has a license and import permit under the Drugs and Cosmetics Control Regulations 1984, Poisons Act 1952 as well as the Dangerous Drugs Act 1952.
- that the wholesale sales of products containing cannabis is carried by a dealer who has a license under the Drugs and Cosmetics Control Regulations 1984, Poisons Act 1952 and Dangerous Drugs Act 1952.
- that the sale or retail supply for treatment of patients is performed by a medical practitioner registered under the Medical Act 1971 to their patient or registered pharmacist with a Type A license to prescriptions issued by said medical practitioner.
Hence, if there are parties who have sufficient evidence that the use of cannabis for any medical purposes, taking into account the aspects of quality, safety and effectiveness, can apply to register products containing cannabis for medical purposes with the Drug Control Authority.
Cannabis is also regulated under the Single Convention on Narcotics Drugs of 1961 and is listed under Schedule I of the Convention.
“Major controls imposed on listed materials in Schedule I is restricted only for medical and scientific purposes involving production, manufacturing, export, import distribution, trade, consumption and ownership,”
“This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fibre and seed) or horticulture purposes,” he added.
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