Ketum smuggling should be criminalised, not for medicinal use, says researcher


Mohd Farhan Darwis

The Poisons Act 1952 provides for a fine of up to RM10,000 or imprisonment for four years or both, for anyone who illegally imports, exports, manufactures, supplies, sells or possesses and uses ketum. – The Malaysian Insight pic by Kamal Ariffin, June 9, 2022.
THE government should re-examine the penalties for offences related to ketum and distinguish between smugglers and those using it to treat ailments, medical researchers said.

Darshan Singh, senior lecturer at Universiti Sains Malaysia’s (USM) Drug and Medicine Research Centre, wants harsher punishment for smugglers.

“But if people use them as traditional medicine and for personal use only, they shouldn’t be punished. That’s my opinion,” said Darshan in an interview with The Malaysian Insight at his office in Penang recently.

Currently, the law provides for the same punishment for all ketum-related offences regardless of weight.  The plant, which grows natively in Malaysia and other countries in the region, has opioid and stimulant effects, but is used as a traditional medicine for pain relief.

The Poisons Act 1952 provides for a fine of up to RM10,000 or imprisonment for four years or both, for anyone who illegally imports, exports, manufactures, supplies, sells or possesses and uses ketum. 

Darshan said the law must be refined by differentiating the types of ketum-related offences. This can be done by setting 500mg as the offence threshold.

“For example, for owning over 500gm of ketum leaves, we can say they are involved in smuggling activities. People who use ketum for medical reasons do not need 500gm of ketum leaves.”

Darshan suggested that those arrested with ketum leaves weighing less than 500gm should not be taken to court to face charges, and should only be fined instead. This is because the amount involved is more likely intended for personal use.

He gave the example of one person detained with 1 tonne of ketum leaves and another with 350ml of ketum water, who both faced the same punishment.

“It’s not about promoting ketum. But we have to accept that the community has been using ketum as medicine for over a 100 years,” Darshan said.

Helps drug addicts quit

Ketum teas are used to revive energy and is favoured by those doing hard physical labour.

It is also used as a form of replacement therapy for drug addiction, and those who take ketum include drug abusers who are in the process of quitting, added Darshan who has researched ketum and its use for the last 10 years.

“Ketum is being used for therapeutic reasons, good reasons.

“It is not fair for this group of people, who want to change and use ketum for good purposes, if they are caught and fined.”

“Punishing them does not solve the problem of drug abuse or ketum abuse in the country.”

Darshan said his studies have shown that ketum was an effective substitute to wean drug addicts off narcotics.

“That’s why ketum is popular for those who want to quit drugs.

“They don’t want to go to rehab but have chosen to treat their addiction themselves.”

Among his findings are an increase in ketum abuse by minors. However, this is due to their prior addiction to drugs. They turn to ketum to help them quit their addiction, Darshan said.

“They turn to ketum to help them break their addiction. Unfortunately, they get bad press and the opposite is reported, that ketum is the gateway to drug addiction. This is not true.”

The authorities also give the impression that ketum leads to worse drug addictions, making it hard to create wider awareness about its benefits.

Not a criminal

The Malaysian Insight met a rubber tree farmer who asked to be identified as Virot, who grows ketum around his house. It provides him some income when he is unable to tap rubber.

“We can’t tap rubber when it’s raining, but we can harvest ketum. We only need to wait three months after plucking for the leaves to become ripe,” said Virot. 

He agrees with Darshan that the medicinal use of ketum should not make a user a criminal.

“Drinking ketum is not like drinking alcohol that when drunk, can make you behave out of control or commit crimes. Drug addiction can lead to a rise in crime, but not with ketum. Using it doesn’t make you cause harm to others, like drunk-driving.”

Virot does not consider ketum as addictive as cigarettes. 

He said many low-income, rural folk, are among those who drink ketum tea or juice, and fines will be a great burden to them.

“Drinking ketum should not be a crime.”

Ketum is sold in the black market for between RM15 to RM20 per kg. It is a side income for some farmers and is an easy crop to grow. – June 10, 2022.



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