PUTRAJAYA must review its strict stance on cannabis, especially for medicinal purposes, said lawyers and civil society groups.
They should also stop sending people to jail or even the gallows over it, they said in response to the growing debate following the case of a man sent to the gallows being found guilty of possession of cannabis oil.
They said no one should suffer the same fate as 29-year-old Muhammad Lukman Mohamad, 29, who was sentenced to death for being caught with cannabis oil, which he argued was for medicinal purposes.
Human rights lawyer Haijian Omar said Lukman should be spared the gallows as the number of cases registered in court related to the personal use of cannabis was high, compared with other drugs listed in the Dangerous Drugs Act 1952.
“The court process would be smoother if cannabis users were no longer treated as criminals,” said the lawyer, who has handled such cases in the past.
“The court can focus on cases like possession and distribution of much more serious drugs… ones that can destroy more lives compared with cannabis.”
Compared with other drug users, cannabis users were also discriminated against in terms of punishment, Haijian said.
Offenders are required to attend a mandatory two-year observation programme by the National Anti-Drugs Agency, he said.
“The offenders will suffer stigma that will affect them despite their admission of wrongdoing,” he said.
The Malaysian Awareness Society concurred, saying that medicinal cannabis users should not be considered criminals.
Its secretary, Harish Kumar, said the civil society group was formed to encourage studies on the implementation of cannabis usage, and the identification of the chemicals within, for medical treatment.
The 26-year-old said Masa wanted to raise the awareness of certain diseases that could be treated using cannabis or cannabis oil.
“We are not encouraging people to use cannabis openly, but are carrying out studies on the use of such substances for treatment,” he told The Malaysian Insight.
Masa has also campaigned for Lukman, holding several meetings with researchers, lawmakers and officials from the Health Ministry.
Harish added that cannabis contained delta-9-tetrahydrocannabinol, a prohibited substance that can be explored for medical use.
Lukman’s case, and those of others caught in similar situations, had made headlines recently, with even Prime Minister Dr Mahathir Mohamad weighing in to say that the government could review the case.
Lukman was arrested in 2015 after police discovered 2kg of dry cannabis and 260g of compressed cannabis at his home, and sentenced to death by the Shah Alam High Court on August 30.
Health Minister Dr Dzulkefly Ahmad had also said the cabinet had taken note of the issue and discussed the legalisation of medical marijuana.
“But no decision has been made. Please wait for the decision from the cabinet.” – September 24, 2018.
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