Why Section 39C is failing Malaysia’s drug policy

JUNE 21 — Malaysia’s drug laws are often defended as necessary to protect society and deter repeat offending. But when examined closely, Section 39C of the Dangerous Drugs Act 1952 reveals a troubling truth: it does not curb drug use. Instead, it entrenches poverty, criminalises drug dependence, and traps vulnerable individuals in a revolving door of incarceration. A recent research report published in collaboration with the International Drug Policy Consortium (IDPC) highlights how punitive drug policies can exacerbate social and economic vulnerabilities while failing to address the underlying drivers of drug use.

Section 39C allows courts to impose mandatory prison sentences of five to seven years on individuals repeatedly charged for drug use. The provision was designed to target those perceived as unwilling to reform. In practice, however, it disproportionately affects people from low-income and marginalised backgrounds, many of whom struggle with untreated problems relating to drug dependence, unstable employment, and social exclusion long before they ever enter a courtroom.