It’s no secret that cannabis is illegal in Malaysia, but many, including foreigners, do not know that you don’t actually need to physically have cannabis on you to be prosecuted for this in Malaysia.
A Malaysian lawyer, Fauzul Azim, took to his Facebook page to share how a foreign tourist was jailed for 5 months in Malaysia after he had consumed cannabis in Thailand and entered Malaysia with the drug still in his system.
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He wrote, “This morning (March 12, Wednesday), I handled a mitigation for a traveller from Doha, who had been on vacation in Thailand before arriving in Malaysia. While in Thailand, he consumed THC (cannabis).”
“Upon entering Malaysia, he was arrested and subjected to a urine test, which unfortunately came back positive. As a result, he was charged under Section 15(1)(a) of the Dangerous Drugs Act 1952 (DDA), which penalises individuals for self-administration of dangerous drugs.”
“His lack of knowledge was not a valid defence”
The lawyer went on to explain that Section 15 of the Dangerous Drugs Act 1952 carries a punishment of imprisonment of up to 2 years or a fine of up to RM5,000, should a person be convicted.
He then shared how the foreign tourist did not realise that Malaysia strictly prohibits marijuana, as it is legal in Thailand.
This image is for illustration purposes only.
“He explained that he was unaware that THC, which is legal in Thailand, remains strictly prohibited in Malaysia. However, the legal principal of ignorantia juris non excusat, ignorance of the law is no excuse, meant that his lack of knowledge was not a valid defence,” Fauzul added.
This ultimately led to the man’s imprisonment in Malaysia.
“During mitigation, I presented arguments in his favour, and fortunately, he received a five-month prison sentence instead of the maximum 2 years. His sentence runs from the date of his arrest, meaning he is expected to be released in April,”
“This case serves as a crucial reminder that what is legal in one country may be a serious crime in another. Always be aware of the laws of the country you are visiting, as a simple mistake can lead to severe consequences,” he ended his post.
What do you think about this? Do feel free to share your thoughts in the comment section.
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