In recent news, an influencer was found dead after being seen discussing business at a hotel with another influential figure.
Moreover, it was discovered that said influential figure had tested positive for drugs! 😱
Today, let’s discuss quite a probable hypothetical.
If you’ve accidentally consumed drugs, are you guilty of an offence? 🤔
According to Section 15 of the Dangerous Drugs Act 1952, any person who consumes or self-administers drugs has committed an offence. In particular, “consumes” includes eating, chewing, smoking, swallowing, drinking, inhaling or introducing into the body in any manner or by any means whatsoever. Once convicted, offenders may be liable to a fine not exceeding RM5,000 or to imprisonment for a term not exceeding 2 years.
Per Section 37(d), any person found to have had in his body any dangerous drugs is presumed to have been in possession and to have known the nature of such drugs until the contrary is proved (guilty until proven otherwise).
For example:
You meet up with friends for drinks after work, someone hands you a glass: “Cheers!” 🥂
After drinking, your urine tests positive for drugs!
The police show up and begin interrogation:
“You drank this beverage? → You’ve consumed drugs → Guilty!”
You plead your innocence: “I was drugged!”
The police: “You have to prove that claim yourself!”
In other words, any consumption or self-administration of drugs is strictly against the law.
What if the consumption was accidental?
Under Malaysian criminal law, an offence must simultaneously possess two elements:
- Guilty Act (Actus Reus): The physical presence of drugs inside your body
- Guilty Mind (Mens Rea): Knowledge and intentional consumption of said drugs
Per Section 80 of Malaysia’s Penal Code, nothing is an offence if done by accident or misfortune without any criminal intention or knowledge, provided it is a lawful act done in a lawful manner by lawful means and with proper care and caution.
For instance:
Your drink was drugged without your knowledge. You subsequently consume the spiked beverage in an ordinary and cautious manner. The court will proceed to assess whether you’ve exercised “proper care and caution” in avoiding said incident from happening.
In short, always remain alert whenever you’re out and remember to never accept drinks offered by strangers to save yourself from any unnecessary trouble or misunderstandings.
The first step to loving yourself is safeguarding your drink. 🥤✋
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📝 Disclamer of Liability:
This article is published solely to provide legal knowledge and entertainment, it does not constitute formal legal advice.
Should you face any similar situations, kindly consult a professional lawyer.
