Page 44 - Act-234-Dangerous-Drugs-Act-1952

44 Laws of Malaysia ACT 234

shall be under section 39A, the court may, if it is satisfied that such
person is a drug dependant as certified by a government medical
officer or a registered medical practitioner and that it is inexpedient
to inflict the punishment provided, deal with such person under
section 6 of the Drug Dependants (Treatment and Rehabilitation)
Act 1983 [Act 283].

Powers of the court in respect of persons found guilty under
section 15

38B. (1) Where a person is found guilty of an offence under section
15, he shall, immediately after having undergone the punishment
imposed upon him in respect thereof, undergo supervision by an
officer as defined under section 2 of the Drug Dependants (Treatment
and Rehabilitation) Act 1983 for a period of not less than two and
not more than three years as may be determined by the court.

(2) A person required to undergo supervision under
subsection (1) shall be deemed to have been placed under such
supervision under paragraph 6(1)(b) of the Drug Dependants
(Treatment and Rehabilitation) Act 1983.

General penalty

39. Every person convicted of an offence under this Act for
which no penalty is specifically provided shall, in respect of each
offence, be liable to a fine not exceeding *five thousand ringgit
or to imprisonment for a term not exceeding *two years or to both.

Increased penalty where the subject matter is the prescribed
amount of certain dangerous drugs

39A. (1) Every person found guilty of an offence against this Act
where the subject matter of the offence is—
(a) 2 grammes or more but less than 5 grammes in weight
of heroin;
(b) 2 grammes or more but less than 5 grammes in weight
of morphine;
(c) 2 grammes or more but less than 5 grammes in weight
of monoacetylmorphines;

*NOTE—Previously “two thousand ringgit” and “one year imprisonment”–see Dangerous Drugs
(Amendment) Act 1973 [Act A194].