KEBUN Bunga assemblyperson Jason Ong Khan Lee has urged the Government to propose a bill to abolish the death penalty for cannabis-related cases and to decriminalise the possession of cannabis for personal and medical use.
According to Ong, the decriminalisation of the possession of cannabis has been adopted in more than 25 countries worldwide.
The World Health Organisation proposed that cannabis be taken off the dangerous drugs list in 2019 while in December 2020, the United Nations committee, which comprise 53 members had passed a vote of 27 to 25 – with an abstention from Ukraine – to reclassify cannabis as a less dangerous drug due to its medicinal properties.
“However, in Malaysia under the Dangerous Drugs Act 1952 cannabis is still listed as a dangerous drug and carries the death penalty for those found guilty of possessing more than 200 grammes of the substance,” Ong noted.
Citing the case of Muhammad Lukman Mohamad as an example, he said that it is clear that the courts are sympathetic towards those suffering from ailments and use cannabis as a treatment.
On Dec 7, 2015 Muhammad Lukman was arrested along with his then-pregnant wife for possessing, processing and distributing cannabis oil.
While his wife was released in May 2016, Muhammad Lukman was sentenced to death on Aug 30, 2018 under the Dangerous Drugs Act for possession of 3.1 litres of cannabis oil, 279g of compressed cannabis and 1.4kg of substances containing tetrahydrocannabinol (THC).
However on Feb 17, 2021 a three-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat had substituted Muhammad Lukman’s charges to possession under Section 9 of the Dangerous Drugs Act.
The court found Muhammad Lukman, 31, guilty of drug possession and sentenced him to five years’ jail for each charge, to run concurrently from Dec 7, 2015, the date of his arrest.
“While scientific evidences are still unclear with regards to the effects of cannabis on mental health, there certainly is a correlation between those diagnosed with bipolar disorder and the use of cannabis to help calm them down,” Ong commented.
He further pointed to the case of singer-composer Yasin Sulaiman who was recently arrested for trafficking cannabis as an example.
According to news reports, while diagnosed as bipolar, Yasin has managed to function normally with the help of cannabis.
“It is highly possible that without cannabis, he would be prone to outbursts and [bouts of] depression. His lawyer Yusmadi Yusoff has also confirmed that his client had planted the cannabis for his personal use and to treat his bipolar disorder,” Ong said.
“To this end I urge the Government to propose a bill to abolish the death penalty for cannabis-related cases and to decriminalise the possession of cannabis for personal and medical use.
“Legalisation of cannabis for medicinal purposes in Malaysia has been predicted to have a value of RM400 bil over the next few years, according to Hempu Time CEO Ji Han.
“Globally, the cannabis market is expected to be worth US$200 bil from 2021–2027.” – April 6, 2022
