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If you do drugs on a holiday, will the PDRM catch you when you're back?

almost 4 years ago Arjun





This article is for general informational purposes only and is not meant to be used or construed as legal advice in any manner whatsoever. All articles have been scrutinized by a practicing lawyer to ensure accuracy.



Vacations are really awesome, you get to visit another country with different cultures, food, and sometimes laws. And sometimes different laws could mean legalised drugs. Take America as an example, recently certain states there (like Colorado) have made the use of recreational marijuna legal  – giving Malaysians 420 extra reasons to visit the country.

Now you may be curious about this whole marijuana thing, and may want to go to Colorado to try it out. You may also be thinking it’s safer to do it in America, because the American authorities wouldn’t arrest you for it, and you may actually be right. However, what if you come back to Malaysia? Can the PDRM arrest you for doing drugs in a country where it’s legal?


Errr...yes, yes they can

Image result for amsterdam coffee shop

There are a few drug offences in Malaysia, with possession and trafficking being the serious ones (trafficking is the one that can get you hung). But there are other minor drug offences like self-administration which you can be charged for if you consume drugs overseas.

According to Section 15 of the Dangerous Drugs Act

(1) Any person who—
(a) consumes, administers to himself or suffers any other person, contrary to section 14 to administer to him any dangerous drug specified in Parts III and IV of the First Schedule; or
(b) is found in any premises kept or used for any of the purposes specified in section 13 in order that any such dangerous drug may be administered to or smoked or otherwise consumed by him,
shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years.

So basically according to this section, anyone who uses drugs will be guilty of an offence, and there’s no mention that it only applies if they did it in Malaysia. 

But then if you did it overseas, how are they gonna know? If they ask, you can just say you went to Colorado to hike the Rocky Mountains right? Well…


They may ask you for a urine sample

So this is probably the most logical way the PDRM can find out if you actually took drugs. They get you to do a drug test by peeing in a cup.

According to Section 3 of the Drug Dependants (Treatment and Rehabilitation) Act 1983, the PDRM is allowed to conduct a urine test on you if he suspects you’re a drug user. The PDRM however must first detain you and take you into custody before doing the urine test. 

So if you’ve just come back from Amsterdam and you’re wearing a shirt that says “#LEGALIZE”, the PDRM probably has proper grounds to suspect you’re a drug user. So they may detain you and then ask you to pee in a cup.


It’s better to just see the sights

Image result for just say no

So if you’re not planning to go away forever and you’re gonna return back to Malaysia, it’s best to stay away from experimenting if you’re scared of getting caught back home.

Nevertheless if you’re in a situation where you’re asked to pee in a cup by the authorities, know your rights and respond politely to them. You can’t refuse to do a drug test without a reasonable excuse, so politely ask the authorities if you can consult with a lawyer before you pee in a cup.

[READ MORE: If the PDRM asks you to do a urine test, can you say no?]


urine test
dangerous drugs act
legalized drugs
legalised marijuana
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