Amendment of law on drug addicts a positive step, say mental health experts

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Adjunct Professor Dr Prem Kumar Shanmugam

SHAH ALAM - The Home Ministry's announcement that it is amending the Drug Addicts (Treatment and Rehabilitation) Act 1983, for drug abuse penalties to be changed to rehabilitation instead of imprisonment has garnered positive responses from mental health experts.

Solace Asia founder Adjunct Professor Dr Prem Kumar Shanmugam said the government's move to propose amending the Act was a positive step.

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"It is an excellent top-down approach that helps destigmatise addiction, recognising it as a disease rather than a choice and that imprisonment is ineffective.

"Now, the next phase involves reviewing the entire process.

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"Currently, the National Anti-Drug Agency (AADK) is currently overseeing the matter. However, this system has witnessed relapse rates of over 70 per cent, nationwide. This is due to the lack of expertise and knowledge of technical issues to treat addiction.

"There is also shortage of manpower and funding and transferring the existing prisoners to the AADK-run Narcotics Addiction Rehabilitation Centres (Puspen) is not a viable solution.

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"Sending new offenders to these centres will only make things worse," he said.

Adjunct Professor Dr Prem Kumar Shanmugam

Prem added that without providing access to necessary treatment experts, it would overwhelm Puspen's system.

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He said the key to effective treatment lies in holistic approach and collaboration with relevant practitioners.

He proposed transferring the management of individuals with addiction disorders to the Health Ministry to leverage the ministry's medical expertise.

This, he said would also reduce the bureaucratic steps and ensured prompt treatment by trained professionals.

"Establishing a council of specialists to work with the ministry would be a significant step forward in ensuring successful rehabilitation and reducing the stigma associated with addiction.

"Partnering with private practitioners like Solace could also enhance treatment outcomes," he added.

Concurring with Prem’s views, Malaysian Mental Health Association president Datuk Dr Andrew Mohanraj said rehabilitation for first-time drug offenders offered economic benefits.

Datuk Dr Andrew Mohanraj

He said it was more effective in reducing recidivism compared to imprisonment, as punishment alone has been proven to be ineffective against drug abuse.

"While the Home Minister's decision is welcomed, scaling up service provision to meet treatment demands remains a challenge.

"It requires the capacity to build and train more professionals in addiction and rehabilitation, including specialised psychiatrists, clinical psychologists and addiction-focused counsellors," he said.

Meanwhile, Universiti Kebangsaan Malaysia (UKM) Public Health Medicine Specialist Professor Dr Sharifa Ezat Wan Puteh said drug abusers and drug pushers were different from individuals turning to drug use for reasons like stress reduction or peer influence.

She also recognised that medically prescribed drug use was justified in treating underlying illnesses.

Prof Dr Sharifa Ezat Wan Puteh

"Malaysia is observing a rise in drug abuse cases, prompting a call for an alternative approach focusing on rehabilitation rather than incarceration, as incarceration fails to provide adequate attention and treatment.

"Efforts to prevent youth involvement in drug addiction must be prioritised, with regulation and enforcement aimed at curbing illegal drug distribution," she said adding that alternative penalties, such as temporary withdrawal of driving licences during treatment could also be considered.

Sharifa also stressed that the fundamental aspect of drug policy should prioritise health promotion, prevention, therapy and harm reduction.

She said rehabilitation centres could serve as pivotal venues for assisting drug users by offering tailored stages of addiction management and support based on an individual’s progress.

Last week, the Home Ministry announced that it would be amending the Act to replace prison sentences with rehabilitation for drug abuse.

Its minister Datuk Seri Saifuddin Nasution Ismail said the ministry was in the final stages of amending the Act.

He said the amendment aimed to provide a second chance to addicts and alleviate prison overcrowding, with cooperation from the Prisons Department and AADK.

This marked a significant shift in drug policy towards decriminalisation and rehabilitation.