The Malaysian Ministry of Health has recognized the possibility of medical cannabis use in Malaysia.
Existing laws regulating cannabis and its by-products in Malaysia, including the Dangerous Drugs Act 1952, the Poisons Act 1952 and the Sale of Drugs Act 1952, do not prohibit the use of cannabis for medical purposes. A product containing cannabis and used for human medicinal purposes can therefore be imported and consumed in Malaysia if it complies with the requirements of the law.
On November 8, Muar MP Syed Saddiq Abdul Rahman asked the Ministry of Health to clarify Malaysia’s position on the use of medical cannabis as an alternative that can be offered to patients. Syed Saddiq mentioned that cannabis is used in many foreign countries and recognized by the international medical community.
According to the Malaysian Ministry of Health, products containing cannabis must be registered with the Drug Control Authority (DCA) as stipulated in the Drug and Cosmetic Control Regulations 1984 under the Sale of Drugs Act.
Importation of the product must be done by importers who are licensed and permitted to import under the Drug and Cosmetic Control Regulations, the Poisons Act and the Dangerous Drugs Act.
Similarly, wholesale trade in cannabis-containing products must be conducted by dealers who are licensed under the same regulations and laws.
The sale or supply at retail of products containing cannabis for the medical treatment of a patient must be conducted by a licensed physician under the Medical Act of 1971.
Licensed pharmacists who hold a Type A license may also sell or supply cannabis products to certain persons on the basis of prescriptions issued by licensed physicians.
“Therefore, if certain parties have sufficient scientific evidence to use cannabis for medical purposes taking into consideration the quality, safety and efficacy aspects, the application for registration of cannabis products for therapeutic purposes can be submitted to the DCA for evaluation and registration under the Medicines and Cosmetics Control Regulations 1984 to be marketed in Malaysia,” Health Minister Khairy Jamaluddin said in a written reply from Parliament to Syed Saddiq on Nov. 8.
