SEEING a family member or friend spiral into addiction can be devastating and heart-wrenching.
But for someone caught in the grip of drugs, the experience is often even more harrowing.
In a world where drug use disorders are met with stigma, addiction is wrongly seen as a choice or moral failing.
This pervasive misconception only deepens the suffering of those already enduring immense pain and isolation.
The terms "addiction" and "addict" also carry negative connotations that shun people from seeking the help they need and perpetuate harmful stereotypes.
Samantha Chong, a criminal law expert and advisory board member of Malaysia's Drug Policy Programme (DPPM), advocates replacing "addiction" with "drug use disorder" and "addict" with "person who uses drugs".
This shift in language, she says, helps to reduce stigma and recognise the condition as a medical issue that requires treatment and support, rather than judgment and punishment.
"People with drug use disorder already face significant challenges due to current laws," explains Chong, adding: "Whether you're experimenting with drugs for the first time, using them recreationally or struggling with dependency, under Malaysian law, if caught, you face the same consequences and charges."
ARCHAIC LAWS
Like many Southeast Asian countries, Malaysia has stringent drug laws. According to Reuters, in 2022, the police reported nearly 29,000 arrests for various drug offenses, primarily involving users and addicts.
There are two main laws in the country that deal with drug use, possession and trafficking: First is the Dangerous Drugs Act 1952, which addresses drug use under Section 15(1)(a), and possession under Section 12(3) and Section 6.
Second is the Drug Dependants (Treatment and Rehabilitation) Act 1993, which is enforced by the National Anti-Drug Agency.
These laws, adds Chong, are known for their harsh and punitive nature, which often deter individuals from seeking help.
The fear of legal repercussions can prevent people from accessing treatment and rehabilitation services, perpetuating a cycle of addiction without adequate support.
"The Dangerous Drugs Act is a legislation dating back to 1952, originating from pre-Independence British law," explains Sangeet Deo, who leads the team of legal experts at DPPM.
"While there have been some amendments, its core remains largely unchanged since the 1950s. This has posed significant challenges because drug trends and patterns of use have evolved over the years, necessitating adjustments in weight thresholds and other aspects," she says.
The law treats all drug users alike, without considering the diversity in their circumstances. This uniform approach disregards the varying needs of occasional users and those with dependency issues.
Explains Sangeet: "You could have an 18-year-old experimenting at a club, a banker using cannabis occasionally, and someone struggling with a drug use disorder. Section 15 of the Dangerous Drugs Act treats all these cases alike. It doesn't differentiate between someone trying drugs for the first time and someone with a dependency. Both could face prison and compulsory treatment. This is a significant issue we aim to address."
Another alarming reality is that nearly 60 per cent of our prisons are filled with individuals charged with minor drug offenses, predominantly from the marginalised B40 socioeconomic group.
This overcrowding, exacerbated by the war on drugs, has heightened corruption and perpetuated cycles of poverty. Tragically, upon release, a significant number of these individuals will relapse.
REMOVING THE STIGMA
Substantial reforms are necessary for the law, particularly in removing all categories of "users" from the Dangerous Drugs Act. Shares Sangeet: "As long as drug use remains a criminal offense, individuals can be arrested and imprisoned. This undermines efforts to provide treatment, as users fear legal repercussions and the cycle continues."
If we're committed to effectively addressing drug use, the first step is to repeal Section 15 of the Dangerous Drugs Act, thereby decriminalising drug use. By diverting individuals away from the criminal justice system, we can establish a new framework focused on providing necessary support and rehabilitation.
This approach serves two critical purposes: it ensures that those struggling with drug use aren't subjected to police intervention, and it fosters an environment where they can seek help — encouraging users to acknowledge their issues and access the support they need for recovery.
While decriminalisation removes criminal penalties for drug use and possession of small amounts for personal use, it still considers these actions as offenses.
"We're advocating for decriminalisation, not legalisation of drug use. Decriminalisation means that while drug use is no longer a criminal offense, there'll still be administrative sanctions in place," asserts Sangeet.
Instead of sending drug users to police lock-ups and prisons, they'd be diverted to a special commission known as the Drug Use Prevention and Treatment (DUPT) Committee. A panel of experts provides personalised treatments based on the severity of their disorder and socioeconomic circumstances, with family involvement as an important component.
By shifting the focus from punishment to support and rehabilitation, decriminalisation provides a more compassionate and effective way to address drug use and its underlying issues.
HELP FOR USERS
For Ashwin Thind, a clinical psychologist at Persatuan Pengasih Malaysia that runs community-based treatment programmes, decriminalisation would provide much-needed help.
Shares Ashvin: "I've been in recovery for almost 10 years. In my experience, and that of many others, it takes multiple attempts and various approaches to assist those with drug use disorder effectively."
He emphasises that individuals with drug use disorder need extensive counselling and support to make lasting changes. Current treatments and punitive actions often only temporarily suspend their habit without teaching essential coping skills for life's challenges.
"What happens after prison? You can't work anymore, and there's a stigma attached to you. You lose family support. How do you rebuild your life? It's like trying to grab onto something but not gaining any traction," says Ashwin, adding: "Drug dependency develops over time, and so does the recovery process. It's not a single event; it's a journey. Recognise and support that journey."
Removing the threat of criminalisation removes the fear for people who use drugs to seek treatment and support, reiterates Palani Narayanan, director of DPPM, adding: "DPPM recognises the need for sufficient effective treatment services and is conducting a mapping exercise to expand Malaysia's inpatient and outpatient drug treatment options."
This shift towards a more humane approach can make a significant difference, helping individuals heal and fostering stronger, more resilient communities.