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Medical Marijuana: The Malaysian Perspective i
MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION:
THE MALAYSIAN PERSPECTIVE
LILIAN CHRISTIAN SCHMIDT
A project report submitted to the
School of Communication Studies,
SEGi University
in partial fulfillment of the requirement for the degree of
Bachelor of Mass Communication (Hons)
2015
Medical Marijuana: The Malaysian Perspective ii
Abstract of project presented to the Senate of SEGi University in partial fulfillment of the
requirements for the
Degree of Bachelor of Mass Communication (Hons)
MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION:
THE MALAYSIAN PERSPECTIVE
By
LILAN CHRISTIAN SCHMIDT
2015
This research paper aims to determine the perception of Malaysians towards marijuana,
its medical uses and its possibility for being legalized within Malaysia for potential
patients. In order to determine a rough estimation of these possibilities, 150 Malaysian
citizens residing in Selangor participated in a predominantly online survey employing a
non-probability sampling method and the snow ball effect. Their responses were
collected, appropriately categorized, and analyzed for a clearer display of the perception
held in regards to this topic. Extensive research on previous material has also been
incorporated into this research paper in order to relate findings to existent information
and standings on the topic, as well as to enable a comprehensive analysis of legalizing
medical marijuana for potential patients in Malaysia. The collectively attained findings of
this research paper stand to show a strong support in and high possibility for the potential
of legalizing medical marijuana in Malaysia for appropriate patients.
Key words – Malaysian, potential patients, medical marijuana, legalization, Selangor
Medical Marijuana: The Malaysian Perspective iii
Abstrak projek yang dikemukakan kepada Senat Universiti SEGi sebagai memenuhi
sebahagian keperluan untuk
Ijazah Sarjana Muda Komunikasi Massa (Kepujian)
MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION:
THE MALAYSIAN PERSPECTIVE
Oleh
LILIAN CHRISTIAN SCHMIDT
2015
Kertas penyelidikan ini bertujuan untuk mengenalpasti persepsi rakyat Malaysia terhadap
ganja, kegunaannya untuk tujuan perubatan dan potensi kelulusan pengunaan ganja oleh
pesakit di sisi undang-undang . Bagi menentukan anggaran kasar kemungkinan ini, 150
responden berwarganegara Malaysia yang menetap di Selangor telah mengambil
bahagian dalam kajian ini. Kebanyakan peratus mereka telah menjawab soalan kajian
secara elektronik dengan menggunakan kaedah persampelan bukan kebarangkalian dan
persampelan bola salji. Jawapan mereka dikumpulkan, dikategorikan dan dianalisis untuk
paparan yang lebih jelas mengenai persepsi berkenaan dengan potensi panggunaan ganja
oleh pesakit yang dikenalpasti. Kajian menyeluruh juga dijalankan di atas keputusan
kajian yang wujud sebelum ini, dan telah dimasukkan ke dalam kertas penyelidikan ini
untuk membantu dan mengukuhkan lagi maklumat mengenai topik ini, serta
membolehkan analisis untuk dibentukkan mengenai potensi penggunaan ganja bagi
tujuan perubatan untuk pesakit dikenalpasti di Malaysia. Hasil kajian secara kolektif
Medical Marijuana: The Malaysian Perspective iv
kertas penyelidikan ini telah mentukan sokongan yang kuat untuk mengesahkan
kegunaan ganja bagi tujuan perubatan di Malaysia untuk pesakit tertentu.
Medical Marijuana: The Malaysian Perspective v
ACKNOWLEDGEMENT AND DEDICATION
It is clear that this paper would not have been made possible if not for the extensive
support and help of several irreplaceable members of society, friends, family and
supervisors. It is therefore only appropriate to extend an exclusive thank you to several
individuals who made this research paper possible and who stood by my side throughout,
often paving a way for the next step to commence when obstacles or challenges were
met. This list of names stands to include my research supervisor Ms Miza, advisor Dr.
Melati, and also volunteers Shannya and Elisabeth.
This paper is dedicated to several prominent individuals in my life and is meant for the
benefit of the general population. I therefore extend my thank you to all survey
participants, my friends, as well as to the unfortunate individuals that have given me
purpose and inspiration to conduct this research paper in search of determining the
acceptance of the alternative medication, marijuana, within Malaysia.
Medical Marijuana: The Malaysian Perspective vi
DECLARATION
I hereby declare that this project report is based on my original work except for
quotations and citations, which have been duly acknowledged. I also declare that it has
not been previously or concurrently submitted for any other degree at SEGi University or
other institutions.
..……………………..
LILIAN CHRISTIAN
SCHMIDT
Date:
Medical Marijuana: The Malaysian Perspective vii
LIST OF TABLES
Main Table
3.3. Sampling criteria Table 62
4.2.2. Age group analysis Table 67
4.2.3. Gender breakdown Table 69
4.2.4. Occupational status Table 40
4.5.1. Perception towards marijuana and its medical uses Table 206
4.5.2. Perception on the legalization of medical marijuana Table 208
4.7. Contributing factors for general marijuana usage Table 217
LIST OF FIGURES
Figure
2.2. Support for marijuana legalization (US) Figure 26
2.5. Cannabis is least risky recreational drug Figure 32
Medical Marijuana: The Malaysian Perspective viii
TABLE OF CONTENTS Page
ABSTRACT ii
ABSTRAK iii
ACKNOWLEDGEMENT AND DEDICATION v
DECLARATION vi
LIST OF TABLES vii
LIST OF FIGURES vii
CHAPTER
1. INTRODUCTION
1.1. Background of Study 1
1.2. Research Problem 4
1.3. Objective of Study 6
1.4. Significance of Study 7
1.5. Limitation of Study 9
2. LITERATURE REVIEW
2.1. General history of medical marijuana from ancient times till the
19th
century 12
2.2. Marijuana in the 20th
century 17
Medical Marijuana: The Malaysian Perspective ix
2.3. Medical marijuana: it‟s possible effects, legalization benefits and
suggested intake methods 27
2.4. Current recognized prescription purposes approved for medical
marijuana usage 30
2.5. Alcohol Vs. Tobacco Vs. Marijuana 32
2.6. The application of marijuana in the Islamic world (8th
– 19th
century) 34
2.7. Medical uses of hashish (marijuana) in the Islamic world 37
2.8. Malaysian law and statistics concerning marijuana 38
2.9. The history of marijuana in Malaysia and its current developments
2.9.1. Historical references of marijuana in Malaysia 41
2.9.2. Tradition and marijuana in Malaysia 42
2.9.3. Drug decriminalization and rescheduling propositions 42
2.9.4. Current efforts for marijuana in Malaysian 43
2.10 Marijuana related research and surveys 45
2.11 Theoretical Framework 47
3. METHODOLOGY 56
3.1. Research instrument 57
3.2. Objective of survey questions 59
3.3. Research Sample 60
3.4. Method of survey distribution and collection 63
3.5. Method for data categorization & analysis 65
Medical Marijuana: The Malaysian Perspective x
4. SURVEY FINDINGS & ANALYSIS
4.1. Survey Facts 66
4.2. Demography of respondents
4.2.1. Age analysis and breakdown 67
4.2.2. Age group analysis 67
4.2.3. Gender breakdown 69
4.2.4. Occupational status and employment 70
4.3. Findings according to total respondent numbers 72
4.4. Findings based on user and non-user groups (quantitative basis) 174
4.5. Quantitative answers 206
4.6. Qualitative answers 209
4.7. Contributing factors for general marijuana usage 217
5. DISCUSSION
5.1. Based on Survey Findings 219
5.2. Based on Literature Review 228
6. CONCLUSION 235
7. REFERENCES 238
8. APPENDIX 248
8.1. Questionnaire 249
8.2. Questionnaire references 257
9. BIODATA OF AUTHOR 262
Medical Marijuana: The Malaysian Perspective 1
1.0 Introduction
1.1 Background of Study
Marijuana has been used for thousands of years in China for its medicinal
purposes (Lemberg, 1980). It wasn‟t till recently that the plant together with its usage was
banned across the globe, and it is only now that the benefits of marijuana are being
realized and fought for. Several states and countries have now come to the point of
outweighing the perceived negative aspects with the potential benefits that marijuana has
to offer. A series of recent scientific studies have proven that cannabinoids, an active
ingredient in marijuana, are naturally occurring in human breast milk serving the purpose
of strengthening and building up the immune system of a new born child. Cannabinoids
have also been found to stimulate the urge for feeding within babies (Benson, 2012). This
is a significant breakthrough in considering marijuana for its potential and natural
medicinal purposes and also in the acceptance of its usage socially and politically. The
use of medical marijuana has also proven to be effective for children suffering from
cancer, and has become a leading topic of debate in the medical world restricted only by
laws (Cash Hyde Foundation, 2011).
In certain other cultures, such as the one found in Jamaica, men, women and even
children, culturally use marijuana for its benefits as was found by Dr. Melanie Dreher
over a 25 year research period. Among the findings are included the usage of marijuana
by pregnant women and the positive results that it can have on the child‟s development
after birth. This included a finding proving mothers that were exposed to marijuana
during pregnancy and children after birth were quicker in development as compared to
the unexposed children of the same age (Brandy, 1999).
Medical Marijuana: The Malaysian Perspective 2
Even though countries and states within the USA have started opening their doors
to the legal usage of medical marijuana, the herb still remains classified as a dangerous
drug in many places across the globe. Malaysia included, is listed as one of the harshest
countries in the world in relation to marijuana usage and distribution (Sean, 2011). As
relayed by Jim Behr of the 420 Magazine, a 25 year old man was sentenced to death in
2010 for the intended distribution of 622g of marijuana, as was also reported by Azreen
Hani of the Malay Mail. With such strict laws in play, there is a clash within the
community between those that realize the benefits of its usages, and the government that
enforces these extensively harsh laws. Medical Marijuana in Malaysia is essentially non-
existent, with few individuals willing to make a stand and with a great need for further
research on the topic to ensure that minimal misconceptions arise whilst during
discussion.
Historical references point to marijuana having been used effectively as a form of
medication within Malaysia, most commonly reported for the usage of asthma and
leprosy (Hutton, 2014). It was also mentioned as being included in the practices of
traditional healers within the Malay territories (O‟Shaughnessy, 1839), providing clear
evidence that the medical uses of marijuana had been known and practiced among locals
prior to its complete illegalization and classification as a Schedule 1 drug in 1952
(Dangerous Drugs Act, 1952). It wasn‟t till recently that the Malaysian government
proposed a new approach to handling drug users, moving from prosecuting them towards
treating them and rehabilitating them (Themalaysianinsider.com, 2013). However, it does
not place any specification on marijuana although it comes three years after the MP
Zahrain Mohamed Hashim had requested the Malaysian government to conduct studies
Medical Marijuana: The Malaysian Perspective 3
and to consider the rescheduling of marijuana within the country (Seshata, 2014). Within
the same time frame, a pro-marijuana movement was started locally with the intentions of
advocating the medical benefits of marijuana to the public. Headed by GENGGAM
(Gerakan Edukasi Ganja Malaysia) in 2013, they made a public appearance complete
with banners, flyers and other materials on the topic (The Hemperor‟s New Clothes,
2013). Regretfully no public opinion surveys have been conducted on the topic within
Malaysia.
This paper will explore some of the perceptions, stand points and beliefs held by a
fraction of the Malaysian population that resides in Selangor with the intention of
creating new data that will lead to the education and eventual acknowledgement of
medical marijuana for all its known benefits.
Medical Marijuana: The Malaysian Perspective 4
1.2 Research Problem
Although marijuana has been used for its medical purposes for thousands of
years, it has now become banned in the majority of countries across the world. This also
includes Malaysia. Marijuana however, as research has proven, when used for its medical
properties, is able to combat and ease various conditions and illnesses.
Research and studies have concluded that it is a viable alternative treatment to an
assortment of different medical conditions, for which modern medicine seems less
effective towards or to have severe side effects (Grinspoon, 2000). These include
migraines, cancer and multiple sclerosis. In recent time, this has been recognized in a
growing number of states and countries showing that the legalization of the plant for its
medical purposes is now more readily acceptable among the general people.
In Malaysia marijuana is illegal for all purposes, and little research has been
conducted on its effect on society within the country. The readily available statistics on
the usage of marijuana are attainable from the National Anti-Drug Agency (NADA) and
recount the number of ganja users and abusers that were caught for the respective years.
This number only reflects on the number that got caught; there has been no mention of an
official national study being conducted on just marijuana users. This is important missing
information related to this research paper, as the exact number or estimate of users make
a critical difference on how this paper may be accepted in regard to its original purpose of
analyzing the legalization of medical marijuana.
There are also close to no related medical marijuana cases that can be researched
on concerning Malaysia, with the exception of the 1991 case of Kerry Wiley, where
Medical Marijuana: The Malaysian Perspective 5
medical marijuana was acknowledged to exist and be legally recognized as a form of
medication (Grinspoon, n.d.). Here lies the second gap that is vital to keep in mind for
this research and also on how important this research is in filling this missing sector. This
sector lies in the legal system that has clumped together all the various drugs and their
potential uses under the illegal section of the Dangerous Drugs Act 1952 under which
marijuana falls as well. There is no law or regulation that is concerned with the use of
marijuana for its medical beneficial purposes, leaving medical marijuana simply
unmentioned. This is unfortunate in the sense that it is not being recognized, positively it
creates the opportunity of a more specific law or clause being introduced that concerns
the legality of medical marijuana. No law must at first be amended, but a new law may be
added in with greater ease and acceptance.
No study has been conducted on the general public´s view on marijuana and if or
if not it could be accepted in this country for its medical purposes. These are questions
and gaps to which no answer has been provided, and due to this lack of information and
the basic potential that medical marijuana may have on this country and its people, this
research becomes a necessity in understanding what place marijuana holds and what the
right method of handling this substance may be (current laws state the death sentence if
convicted for possession of more than 200g, Dangerous Drugs Act, 1952).
This study aims to shed light upon the perception towards marijuana by the
Malaysian people, and if its benefits may be incorporated into the medical world as an
alternative treatment from conventional pharmaceutically produced medication.
Medical Marijuana: The Malaysian Perspective 6
1.3 Objective of Study
Research Objectives
The research objectives include:
1. To examine the general perception of Malaysians residing in Selangor towards
marijuana and its medicinal uses.
2. To study the opinion of Malaysians residing in Selangor on legalizing medical
marijuana for potential patients.
Research Questions
The research questions include:
1. What is the general perception of Malaysians residing in Selangor towards marijuana
and its medicinal uses?
2. What is the opinion of Malaysians residing in Selangor concerning the legalization of
medical marijuana for potential patients?
Medical Marijuana: The Malaysian Perspective 7
1.4 Significance of Study
This research paper aims to display and present the perceptions held by
Malaysians in regards to marijuana in general, its medical uses and aspects, as well as its
potential to be made legally available. Malaysian statistics have shown that marijuana is a
common substance of consumption in relation to recorded substance abuse within the
country; however the reasons or influential aspects for its usage have not been recorded
neither has there been a local publication made on the perceptions and believes held by
Malaysians in regard to marijuana in general or for its medical attributes.
Globally it has become a form of trend to reconsider the medical aspects of
marijuana and even marijuana in general. This is clearly shown with the legalization and
recognition of medical marijuana in the USA and the legalization of marijuana in general
in Uruguay in recent years. Numerous other countries around the globe have now begun
discussions and reconsiderations of the drug for medical purposes based on the
overwhelming information made available via new research and findings.
This is resulting in a global trend of change towards the topic officially, the
healthcare system, judiciary system and government policy, as well as shifting public
opinion. The implementation of marijuana for its medical purposes has numerous times
displayed strong positive results concerning both patients and country policies.
Malaysia currently disregards the medical properties of marijuana and holds to its
extensively harsh laws concerned with this plant. There are also no recent studies
available on the aspects of medical marijuana within Malaysia and neither is there any
appropriate material made available on the public‟s perception of medical marijuana and
Medical Marijuana: The Malaysian Perspective 8
its potential to be made legally available for applicable patients locally. This study aims
to fill in this latter gap and provide substantial information in regards to public opinion on
the topic by taking the responses of Malaysians residing in Selangor, and to establish if
Malaysia is a future contender for making medical marijuana available for potential
patients within the country. This research paper aims to fulfill the purpose of creating a
platform of new information to which future researchers can refer to and use in
establishing further studies and findings significant to the topic.
Medical Marijuana: The Malaysian Perspective 9
1.5 Limitations of Study
There are several limitations that must be considered associated with this research
study. While it goes to show the perception of Malaysians regard towards marijuana and
its medical uses in Selangor, it collectively analyzes only a fraction of the population that
resides therein, let alone the whole of Malaysia. However, in regards to its serving its
purpose, it stands to provide new information that can be used by future researchers and
studies related to the topic. It also compiles existent materials to which others can refer
towards whilst searching for information in regards to this topic subject.
Another limitation that exists in aspects to this research paper is the verification of
certain information provided by survey respondents. This is in regards to the findings
concerned with the claim that marijuana has had medical benefits for the individual.
Question 7 asks the following „In your opinion, does/did marijuana use have any medical
benefits for you? Condition should be medically diagnosable/ identifiable by a doctor.‟
This is based upon the perception and belief of respondents and does not request further
information as to what specifically marijuana‟s medical benefits were proven useful for
to this individual, neither does it seek to verify if this condition is truly identifiable or
diagnosable by a doctor. However, it non-the-less serves its purpose of clearly
establishing experience and regard by the user group within the survey participants in
regard to marijuana‟s medical aspects and perception towards it.
Another limitation was the method in which the survey was distributed which
employed the non-probability sampling and snowball effect methods. This simply means
that the findings collected are not by random sampling which would give all Malaysians
Medical Marijuana: The Malaysian Perspective 10
residing in Selangor an equal opportunity at being a survey respondent. Using the non-
probability sampling method, the direction in which the survey was further spread may
have been influenced by its appropriateness towards these members within society. This
however, similarly to that of Question 7, it allows room and opportunity for future
researchers to engage in further studies to determine further more detailed results.
In relation to this, a main challenge was the attainment of accurate and honest
responses from survey participants. Even though the survey was assured to be
anonymous and confidential, there was an observable hesitance among those that were
approached to partake in this survey. Among those there was confession to altering
personal details of age and gender that had then been rectified, displaying a fear in
disclosing personal information in regards to the research topic. Even though Malaysia is
by official political categorization, „a parliamentary democracy with a federal
constitution with a federal constitutional monarch‟ it seems that reactions by citizens
suggest a flaw in confidence in the manner that the country is governed
(Thecommonwealth.org, n.d.) A noticeable factor that is capable of influencing this
approach to partaking in this survey is the legal factor and the fear of the law enforcement
being able to track individuals or their opinions and relate or charge them to one of the
imposed legal judgments on the topic; suspicion being based on their anonymous
personal information and opinion disclosure.
In regards to the qualitative and quantitative information collected from voluntary
survey participants, the qualitative responses to the quantitative questions posed several
challenges in categorization. Due to the opportunity to answer according to their opinion,
beliefs and thoughts, answers often proved to be abstract or difficult to place within a
Medical Marijuana: The Malaysian Perspective 11
common category. In the attempt to appropriately place the valuable responses into their
categories, it was observed that due to the possibility of one respondent providing more
than one specific answer that may fit into a common category, the qualitative answers are
presented not as a direct reflection of respondents but rather of the number of responses
or as displayed the estimated number of respondents (e.r.).
Finally, even with positive survey results and findings supporting the legalization
of medical marijuana for potential patients within Malaysia, there are several obstacles
that may pose considerable resistance to this prospect. One is the legal status of
marijuana being labeled a Schedule 1 drug and the unwillingness for the relevant parties
to alter or add additional laws in regard to this aspect. The other main challenge may be
posed by the religious community within Malaysia that is predominantly of the Islamic
belief. Due to the dispute in the usage of marijuana for medical purposes or other in
accordance to Islamic teachings and belief, there is a likeliness that certain parties will
label Marijuana as Haram, as indeed one of the survey responses did.
This research paper aims to address these limitations and to where it is applicable,
provide existent supporting evidence in support of any claims made.
Medical Marijuana: The Malaysian Perspective 12
2.0 Literature Review
2.1 General history of medical marijuana from ancient times till the 19th
century
It was the Chinese Emperor Fu Hsi who seems to be one of the first to make a
medical reference to marijuana, known to them as Ma. This was in the early years of ca.
2900 BC, and at that point long before any known laws restricted its usage, marijuana
was considered to be a very popular medicine indeed (Deitch, 2003), and renowned for
its medical abilities for centuries to come. Circa 200 years later, the Emperor Shen Nung,
also considered as the Father of Chinese medicine, identified three main herbal
medications, cannabis being one and the other two being ginseng and ephedra (Joy &
Mack, 2001). All of which are still renowned in traditional and modern medicine for
various uses. It wasn‟t till 1500 BC though that a written record of medical marijuana
was jotted down, as it made its mention in the Chinese Pharmacopeia for the first time
during this time period (Marijuana Research Findings, n.d.). It is clear that the Chinese
were one of the first civilizations to utilize the medical purposes of marijuana and
continued its usage for these purposes for centuries to come, pioneering the first known
steps of exploring marijuana for its medical purposes.
In around 1450 BC kaneh-bosem, reputably Hebrew for marijuana was recorded
into spiritual and religious beliefs of one of the world‟s current leading religions,
Christianity. No reference of marijuana‟s usual consumption methods is made in it but
instead it is reported as a main ingredient in the making of holy anointing oil (Bennet,
2003). The importance of this if indeed true, lies in the role it plays in religion as
Medical Marijuana: The Malaysian Perspective 13
according to this revelation, the large Christian population should not be opposing to the
usages of marijuana for its beneficial purposes.
In the close by region of Egypt and two centuries later, Ramesses II held rule till
the year 1213 BC after which he was mummified. Upon recovery of the mummy,
cannabis pollen was among the discoveries that were found during the examination.
During this time and era, glaucoma, inflammation, cooling of the uterus and the
administration of enemas was all a call for the prescription of the marijuana plant
(Manniche, 1989). By the year 1000 BC, the medicinal usages of marijuana were
spreading in India and being used to treat a variety of “human maladies”. The medicinal
drink, usually based of milk, cannabis and a variety of other ingredients, served as an
anesthetic and anti-phlegmatic known as Bhang (US National Commission on Marihuana
and Drug Abuse, 1972). As the years passed, Bhang was mentioned in the Venidad, one
of the volumes that made up the ancient Persian religious texts Zend-Avesta, in about the
year 700 BC. Here is also placed the ranking of marijuana at the top of the list of
importance, ahead of the other 10,000 medicinal plants (Booth, 2005). A hundred years
later, Sushruta Samhita, included the use of cannabis into the traditional Indian medicinal
system of Ayurveda, citing its uses even against leprosy (Green, 2002). Ancient Greece
found the uses of marijuana applicable against earache, edema and inflammation (US
National Commission on Marihuana and Drug Abuse, 1972).
The next millennia, 1 AD, started out with the ancient Chinese listing down more
than a 100 different ailments, ranging from gout till absent mindedness for which
cannabis was recommended (Joy & Mack, 2001). The Romans in around 70 AD found
new uses for the plant for one of which, apart from the usual earaches, was to suppress
Medical Marijuana: The Malaysian Perspective 14
sexual longing. In later times between the years 800-900 AD, the Arab world was using
the benefits of marijuana for a number of different ailments including migraines and
syphilis (Booth, 2005). Its use was continued among the Arabic population and became
common practice with the doctors of the Islamic faith (Touw, 1989). By 1621, the
western world was exposed to some of the potentials of medical uses of marijuana, as
Robert Burton, the English Clergyman and Oxford scholar, suggested it to be a treatment
for depression (Grinspoon, 2005). Between the years 1745-1775, cannabis was also
promoted by one of the most famous leaders in the worlds history; George Washington.
He had a keen interest in the plant itself and also towards the medicinal properties which
may be present in them and how they could be used (Deitch, 2003). Being the first
American president, he would have had a considerable influence on people‟s thoughts
and attitudes towards marijuana.
At the beginning of the 19th
century, marijuana was being researched in Europe
for its pain relieving and anesthetic attributes. This was due to the fact that Napoleon had
returned to France in 1799 from war, bringing together with him the cannabis plant, now
used to treat his injured soldiers. As a result, medical marijuana gained a much wider user
audience and acceptance in Western Medicine (US National Commission on Marihuana
and Drug Abuse, 1972). Further explorers, travelers and pioneers such as William
O‟Shaughnessy who are accredited for bringing back medical marijuana to the United
Kingdom in 1840, ensured that its uses would not go to waste, as even Queen Victoria
was reported to have used it to help control her menstrual pains. It was also used to treat
matters such as muscle spasms, menstrual cramps, rheumatism, convulsions of tetanus,
rabies and epilepsy; gaining usage even among pregnant women as suggested by its
Medical Marijuana: The Malaysian Perspective 15
usage to promote uterine contractions in childbirth (House of Lords Select Committee on
Science and Technology, 1998).
In that same decade, marijuana became a mainstream medication to the West,
gaining popularity for its numerous uses, including more simple disorders such as low
appetite or problems sleeping. The last positive outreach of a larger scale concerning
medical marijuana occurred just before the 1850s when cannabis was entered into the
United States Pharmacopeia, a document containing all medications sold over-the-
counter or prescribed. It was listed as a treatment for, among other things, neuralgia,
tetanus, typhus, cholera, rabies, dysentery, alcoholism, opiate addiction, anthrax, leprosy,
incontinence, gout, convulsive disorders, tonsillitis, insanity, excessive menstrual
bleeding, and uterine bleeding (Boire & Feeney, 2007).
It can be concluded that it was up until this point that the usage and recognition of
medical marijuana had been growing or gaining in popularity worldwide over time and
cultures. This was due to all the ailments for which it was recommended for in the eyes
of the ancient and „older world‟, and which when placed into a list extends to include (as
provided per above cited material); glaucoma, inflammation, earache, edema, leprosy,
gout, rheumatism, malaria, migraines, syphilis, vomiting, parasitic infections,
hemorrhage, muscle spasms, menstrual cramps, rabies, epilepsy, dysentery, neuralgia,
tetanus, typhus, cholera, rabies, alcoholism, opiate addiction, anthrax, incontinence,
convulsive disorders, tonsillitis, insanity, excessive menstrual bleeding, and uterine
bleeding. It was also used in cooling the uterus, promoting uterine contractions during
childbearing, and as an anesthetic, analgesic, and anti-phlegmatic, even claimed to work
against absentmindedness and sexual longings.
Medical Marijuana: The Malaysian Perspective 16
Medical marijuana had not been globally challenged up until this point. However,
when the early 20th
century came about, there was a mass increase in the illegalization of
cannabis, hemp and with it, medical marijuana. Towards the later part of the century
there was once again a turn in the perception and knowledge of the topic leading to the
current trend of reversing or revising standing laws concerning medical marijuana and
marijuana in general.
Medical Marijuana: The Malaysian Perspective 17
2.2 Marijuana in the 20th
century
The beginning of the 20th
century took a turn for the worse in the aspects of
marijuana and with it also its medical usages and benefits. The 1910s saw the start of the
plant being illegalized, the first state being Massachusetts in 1911 and by 1917 another
nine states had followed suit. In certain areas it was banned in order to restrict future
usage although at that time there were no widespread concerns caused by marijuana; this
included the state of California (Gieringer, 1999). In 1925 the League of Nations, an
alliance of nations that had been formed after the end of WW1, signed a multilateral
treaty that restricting the use of cannabis, aka marijuana, to the sole purpose of scientific
and medical considerations (United Nations Office of Drugs and Crime [UNODC],
1962).
By 1936 medical marijuana came under direct attack as new modern medicines
such as aspirin, morphine and other opium-derived drugs were set to supplant its usages
against pain (Eddy, 2010). Beliefs towards marijuana were indeed so far reverted that in
1942 it was removed from the list of US Pharmacopeia, this had the devastating effect of
it losing all grounds of medical purposes and benefits (American Medical Association
[AMA], 1997). Nine years later the Boggs Act is passed in the US which imposes a
minimal prison sentence for mere possession of the now illegal drug. This act was mainly
based on the false belief that drug addiction was contagious and possibly incurable
(Families against Mandatory Minimums, 2008).
Not long after the UN, the post WW2 reformed League of Nations, establishes
Article 48 in the 1961 UN Single Convention on Narcotic Drugs, which stated that any
Medical Marijuana: The Malaysian Perspective 18
usage of marijuana other than for medical and scientific purposes should be discontinued
in the next twenty-five years (UN Single Convention on Narcotic Drugs, 1961). Things
went even worse in the US when in 1970 the Controlled Substance Act decided to label
marijuana as any other illegal drug, a drug with “no accepted medical use” (US Drug
Enforcement Administration [DEA], n.a.). However, this seemed to be rather quickly
countered four years later with the setting up of the National Institute on Drug Abuse
which was placed in charge of growing marijuana for research purposes (NIDA, 1998).
1976 saw a ray of hope for medical marijuana in the USA with the arising of the
case US v. Randall, hereby Robert Randall used the Common Law of Necessity to win on
grounds of medical need for marijuana to aid him with his glaucoma, against charges
brought against him for cultivating the plant (Schaffer Online Library of Drug Policy,
n.a.). The same year saw an international event of high significance for the 20th
century in
the regard of marijuana, which came in the form of the decriminalization of the plant
within the Netherlands (Reinarman, 2004). This had the effect of making the country a
marijuana patient‟s heaven, with Amsterdam becoming the world‟s marijuana capital.
After the decriminalization of marijuana in the Netherlands, America was the next
country to make mentionable changes with their laws through long and hard struggles.
These changes were often times reversed or contradictory to each other, especially later
on when the State Laws were amended but the Federal Law remained the same. This
went on for the better part of almost 30 years, until finally it was started to be
decriminalized and medical marijuana made legal.
Medical Marijuana: The Malaysian Perspective 19
After NIDA had been established, in 1978 they supplied to a few patients
marijuana on medical grounds under the Federal Government IND (Investigational New
Drug) Compassionate Program (Archives.drugabuse.gov, 1998). These few patients were
never revoked their rights to the medical marijuana that they had attained, however the
law itself was suspended in 1991 and shortly later it was altogether disbanded (Isikoff,
1991). In the same year as these few approved patients were legally supplied their first
medical marijuana, the state of New Mexico passed the first law that recognized the value
of marijuana medically in the form of the Controlled Substances Therapeutic Act (Scott,
1994).
The start of the new decade saw the rise of a synthetic version of THC (the
psycho-active compound found in marijuana) that was called Marinol. It was also the
same year when cancer patients first were tested with the effects of smoked marijuana
(Akhavan, 2001). In 1985 Marinol was approved by the FDA and by 1993 it was
approved as a treatment for anorexia in AIDS patients (Eddy, 2010). People too were
changing. With marijuana still a Schedule I drug, and due to stricter laws that were
implemented in 1986, the DEA Judge Francis Young recommended it to be reconsidered
and placed as a Schedule II drug. His case was grounded on the records that documented
the use and its positive effects upon a variety of very sick patients, with the DEA
standing in between these patients and their medication (Young, 1988). The new laws
included a life sentence for repeat drug offenders and the death penalty for drug kingpins
(Busted: America's War on Marijuana, 1998). Francis Young‟s recommendation however
was shot down by the DEA administration just a year after it was made and marijuana for
whatever usage remained as a Schedule I drug (DEA, n.a.).
Medical Marijuana: The Malaysian Perspective 20
As the medical benefits of marijuana were under dispute, a survey conducted in
1991 revealed that 53% of American oncologists believed that it should be made legally
prescribe able to cancer chemotherapy patients, measuring their attitudes and experiences
towards this belief (Doblin & Kleiman, 1991). Two years after this, the American
Medical Student Association came forward unanimously requesting the Attorney
General, Janet Reno, to take heed of Francis Young‟s recommendation and reschedule
the drug, while at the same time requesting of President Clinton to re-open the
Compassionate IND program (Rosenfeld, 2010). Again in 1994 marijuana is kept in
Schedule I and again a petition was brought up calling for the re-scheduling of it, until it
was finally recognized in 1996 by California when they legalized the usage of medical
marijuana, even though the substance had followed the preceding case from the 1970s
and remaining as a Schedule I (Pacula, Chriqui, Reichmann & Terry-McElrath, 2002). In
the Proposition 215 it is stated that the cultivation and possession of marijuana was legal
for the patients and their primary caregivers under the recommendation of a physician.
This included the treatment for AIDS, cancer, muscular spasticity and migraines.
Two years later, political leaders called for the public to reject medical marijuana
on the basis that it undermined the legal processes conducted by the FDA in regulating
and approving new drugs and medicines. These politicians included the former Presidents
Ford, Carter and Bush. However this did not stop medical marijuana initiatives to spread
across the states (Joy & Mack, 2001). It was not long now until other states such as
Alaska, Oregon and Washington legalized medical marijuana (norml.org, n.a.).
Which in the UK the UK House of Lords Committee suggests the legalization of
medical marijuana as enough evidence exists on its beneficial properties. As Lord Perry
Medical Marijuana: The Malaysian Perspective 21
of Walton (1998) explained, “We have seen enough evidence to convince us that a doctor
might legitimately want to prescribe cannabis to relieve pain, or the symptoms of
multiple sclerosis (MS), and that the criminal law ought not to stand in the way”
(parilament.uk, 1998).
Alaska was the first state to mandate the registry of medical marijuana patients
into a system that protects them from any charges and discrimination made against them
by the law. It provides them with a valid identification card stating their need and rights
for their marijuana usage. This ensured that only relevant parties were able to access this
new medicine. Whereas the others who were not holding this card, would be unable to
argue their medical need of the drug, leaving them unprotected by the law (norml.org,
n.a.). In the same year, 1999, Canada shows its support for medical marijuana when
Canada Health reveals that they will be funding medical research on the topic (Joy &
Mack, 2001).
In the case of Conant v. Walters (2002), the US Government was denied an
appeal by the US Supreme Court to restrict physicians from discussing marijuana with
their patients. The government had threatened to revoke the license of those doctors that
recommended the usage of medical marijuana in their practices. With a grey line running
between the legality of marijuana as a medicine between states, matters were made
confusing with the Federal Government not recognizing it as a legal medical substance.
In 2003, the US House of Representatives decided to reject an amendment calling
for the stop of federal raids upon patients and providers of medical marijuana in the states
in which it had been accepted. It would have restricted the DEA from destroying plants,
Medical Marijuana: The Malaysian Perspective 22
close down clubs and place under arrest the state recognized marijuana patients and their
providers (Sullem, 2003). Meanwhile in Canada the first government grown marijuana is
passed to a HIV patient, starting the process of passing marijuana to the relevant and
approved patients for whom it had been recommended for (msnbc.com, 2003). Half-way
across the world in the Netherlands, medical marijuana is now to be supplied via
pharmacies. Over 2000 pharmacies became legally obliged to hold and supply customers
with advice and marijuana that was for the making of tea (Conway, 2003).
The new year in California began with patients being restricted to a certain
amount of possession, which stated that each of the respective individual was legally
entitled to „no more than eight ounces of dried marijuana‟ and „no more than six mature
or 12 immature marijuana plants‟ (Senate Bill 420, 2004). This however was later
suspended upon the grounds that Californian law required the consent of voters to
implement such laws. In 2005 there was a blow to potential marijuana patients when
California suspended the issuing of the Medical Marijuana ID Card Program under the
threat of the Federal Government when it was ruled that possessing and cultivating
marijuana was a federal offence. This was ruled by the US Supreme Court in the case
Angel v. Raich. This was short lasting as a review by the state attorney general revealed
that employees could not be prosecuted for just issuing the ID cards, and 10 days later the
program was resumed (Associated Press [AP], 2005).
While legal battles and obstacles were being fought and slowly overcome, a poll
conducted by the AARP concluded that 72% of American citizens of middle age and
above were in favor of legalizing marijuana for its medical uses (AP, 2004). Even with
these studies providing proof of apparent general support towards medically used
Medical Marijuana: The Malaysian Perspective 23
marijuana, the results of California sticking to its believe and regulations on the topic,
were seen at the end of 2005 when the most number of raids were carried out on
marijuana dispensaries within the state; all of which were authorized by the federal
government. There were no arrests made and the reason given was said that it was to
determine how much was being sold and who the suppliers were (Los Angeles Times,
2005). It wasn‟t till 2009 that the US Attorney General, Eric Holder, stated that raids of
these kinds will not continue (Johnson, 2009).
In the years in between, medical marijuana began to receive support from different
angles when the Presbyterian Church approved a resolution in favor of supporting
medical marijuana. They urged the Federal Government to amend laws so as to allow the
prescription of marijuana for potential patients to access the benefits of this plant for the
treatment or relief of their ailments (Presbyterian Church, 2006). In February 2008 the
American College of Physicians (ACP) announced, via paper, its support on researching
marijuana for its medical purpose, its exemption from the law in relation to criminal
prosecution, on the rescheduling of it as a drug with narcotic benefits and also for the
non-smoked form of THC (ACP, 2008).
The following year the American Medical Association (AMA) decided to review
its stance on the scheduling of marijuana, suggesting under review to place it under the
Schedule II controlled substance list. Previously this had been rejected by them based
upon the grounds of pending results of further studies conducted to determine the medical
benefits of this particular plant (Noonan, 2010). As before mentioned, the AMSA
(American Medical Student Association) had already unanimously announced its stand
for the rescheduling of the substance back in 1993 (Rosenfeld, 2010). In 2010 the Iowa
Medical Marijuana: The Malaysian Perspective 24
Board of Pharmacy joins for making the recommendation of rescheduling marijuana,
placing it as a “high potential for abuse” drug but with accepted medical functions
(IDPH, 2010). Surprisingly, even with the recommendation by professional and national
medical and pharmaceutical associations, the US Attorneys in 2011 decided to send
warning letters to officials that implemented medical marijuana cultivation and
distribution programs. These states to which the letters were sent to included Arizona,
Colorado, Rhode Island, Vermont, New Hampshire, Maine, Washington and even Hawaii
(Gardner, 2011).
During the same time, the Israeli Health Ministry approved the supply and
supervision of marijuana through imports and local cultivation for its usage in medicine
and also for research purposes. This comes with the realization of its necessity within the
medical world in relation to applicable cases (Israeli Government, 2011).
In 2013 the US Court of Appeal once again rejected a challenge for the
rescheduling of the marijuana plant and its usages, basing the decision upon the same
claimed basis as the Federal Government had; that sufficiently reliable and 'adequate and
well-controlled studies' based on the medical efficiency of this drug did not exist (ASA,
2013).
It wasn‟t until August of 2013 that the US justice department stated its withdrawal
from challenging state marijuana laws. This is as long as it can be determined that an
appropriate and strict regulatory system is enforced within the concerning states.
Up till 2014 there was a financial and banking exclusion to the newly legal
marijuana business. The reason for this was due to the differences between the State and
Medical Marijuana: The Malaysian Perspective 25
Federal laws concerning the legality and acceptance of marijuana. This made it
impossible for the financial systems to legally participate or incorporate themselves into
this new industry. However this was changed early in the year as the industry is very
lucrative and in order to establish and enforce appropriate taxes, it became logical to
embark on the incorporation of the financial systems into the industry (fincen.com,
2014).
Interestingly, it was the South American country of Uruguay at the end of 2013
that has claimed the pioneering status for becoming the first country to fully legally
engage and indulge in marijuana on a large scale. Making it available to the citizens with
President Jose Mujica, supporting the changes and making clear the purpose for them.
A major factor that is eliminated through this reform is the illegal drug trade and
its drug traffickers that run the black market business. These traffickers are ruthless and
count only profits, leaving the average individual or user in a risky position. Other
aspects ensure that marijuana is properly regulated, generates revenue for the country and
lastly it helps to gain statistical information among others as the general notion includes
the plan of identifying individuals.
A main key aspect to the legalization of marijuana remains a solution to illegal
drug trafficking and syndicates, as the legal marijuana will be sold cheaper in comparison
to the black market prices (Romo, 2014)
The legalization of the plant in Uruguay also opens up the possibility for the export
industry to grow and flourish as medical marijuana is in short supply. There is a steady
Medical Marijuana: The Malaysian Perspective 26
need for it in a world that is slowly recognizing once again its usefulness and capability
of improving the quality of life for patients (Reuters, 2013)
In the newest poll taken within America in April 2015, the results show that more
than half the population is now for the legalization of marijuana at a total of 53%. The
Figure 2.2 shows the increase in support according to percentage over the years which
has from 1979 till today almost doubled (Ferner, 2015)
Figure 2.2
Figure 2.2, reprinted from CBS News Poll via The Huffington Post, 2015
Medical Marijuana: The Malaysian Perspective 27
2.3 Medical marijuana: it’s possible effects, legalization benefits and
suggested intake methods
Resulting non-medical statistical benefits from the legalization of medical marijuana
In 2011 a study was published highlighting an interesting statistical observation
has been made since the legalization of medical marijuana within relevant states. The
study showed that there was a significant drop in fatal car accidents since the legalization
took effect. A major attribute to this is linked to a reduction in drunk driving, suggesting
that a majority of people prefer the usage of marijuana to alcohol and are switching. The
researchers also found that there was no increase of teenage marijuana smoking with the
legalization act, and in fact it also decreased the amount of alcohol usage among college
aged youths (Szalavitz, 2011)
Possible effects of medical marijuana consumption and suggested intake methods
According to the WebMD website, reviewed by Arefa Cassoobhoy, MD, MPH,
there are several side effects that can result from the usage of medical marijuana. Most of
these are short term and will not last long, and include:
 Dizziness
 Drowsiness
 Short-term memory loss
 Euphoria
While more serious or longer side-effects can result in
 Anxiety
Medical Marijuana: The Malaysian Perspective 28
 Psychosis
These effects make it less suitable for particular individuals, who are advised to not
engage in this form of medicine and stands to include:
 People with heart disease
 People with a history of psychosis
 Pregnant women
Due to these aspects it is best to seek professional medical advice on the
applications of medical marijuana and to obtain a medical marijuana card (Harding,
2013).
For the best method of intake to avoid any negative effects is here taken from the
Medical Marijuana.ca website (Canada) which states the following:
“Due to the carcinogenic nature of smoking marijuana we
don‟t encourage users to smoke it however we do suggest
alternative methods such as vaporizers, tinctures, or
cooking and baking.” (Medicalmarijuana.ca, n.d.)
According to a new study conducted by the University of Oxford and University
of Leeds in 2015, the usage of cannabis does not relate to or cause any increase in risk for
the development of psychosis (Shakoor et. al., 2015). These findings disprove this
commonly held believe and allows marijuana to further its progress positively with less
negativity hindering its developments as being implemented as a safe medication.
Another commonly related negative aspect to marijuana usage has been
Schizophrenia. This too has been disproven to be a risk factor of marijuana usage.
Medical Marijuana: The Malaysian Perspective 29
According to the Havard Medical School and the VA Boston Healthcare system who
conducted the study concluded that marijuana usage proved little to no connection to the
development of Schizophrenia within individuals (Grohol, 2013).
Medical Marijuana: The Malaysian Perspective 30
2.4 Current recognized prescription purposes approved for medical
marijuana usage
Medical Marijuana currently recognized as a prescription medication for the following
(USA, Canada):
 Anorexia  Intractable skeletal muscular spasticity
 Arnold-Chiari malformation
& syringomyelia
 Lou Gehrig's disease (Amyotrophic
lateral sclerosis, or ALS)
 Arthritis  Lupus
 Ataxia  Migraines
 Cachexia (wasting
syndrome)
 Multiple sclerosis
 Cancer  Muscular dystrophy
 Cardiopulmonary
respiratory syndrome
 Muscle spasms
 Causalgia  Myasthenia gravis
 Chronic inflammatory
demyelinating
polyneuropathy
 Myoclonus
 Crohn's disease  Nail-patella syndrome
 DDD – Degenerative Disc
Disease
 Nausea (including nausea due to
medication)
 Decompensated cirrhosis  Neurofibromatosis
 Dystonia  Neuropathy
 Fibromyalgia  Pain
 Gerd – Gastroesophageal
Reflux Disease
 Reflux Disease
 Glaucoma  Reflex sympathetic dystrophy
Medical Marijuana: The Malaysian Perspective 31
 Hepatitis C  Seizure Disorders/Epilepsy
 HIV/AIDS  Spasticity
 Hospice patients  Spinal cord disease and injury
 Hydrocephalus  Sjogren's syndrome
 IBS – Irritable Bowel
Syndrome
 Terminal illness if the physician has
determined a prognosis of less than 12
months of life
 Interstitial cystitis  Tourettes
(denverrelief.com, n.d. & leafly.com, n.d.)
Medical Marijuana: The Malaysian Perspective 32
2.5 Alcohol Vs. Tobacco Vs. Marijuana
Figure 2.5
Figure 2.5 reprint from wonkblog via Washingtonpost.com, 2015
The graph represents the findings of a comparative study done in 2015:
The study clearly highlights the dangers of alcohol at one end of the scale, but on
the other hand seems to be a substance that does not carry much relation to the others.
This is in respect to the findings and information shown on the lethality of the various
substances. This substance is marijuana, and according to the findings of the research
published in 2015, it is 144 times less dangerous than alcohol.
Medical Marijuana: The Malaysian Perspective 33
Whereas both alcohol and tobacco are within the range of „high risk‟ substances,
marijuana falls at the far end of „low risk‟ substances, clearly puting into perspective the
differences in risk concerning usage. The calculations used compared the lethal doses of
the substance to the amount that a typical person may use (Lachenmeier, Rehm, 2015)
“The oral dose required to kill a mouse has been found to
be about 40,000 times the dose required to produce typical
symptoms of intoxication in man” (Loewe, 1946).
Medical Marijuana: The Malaysian Perspective 34
2.6 The application of marijuana in the Islamic world (8th
– 19th
century)
In the Muslim world, cannabis known as hashish (grass) was not known for its
medical usage and the methods for the preparation of it was only introduced after the
period of the prophet Mohammed (A.D. 570-632). It wasn‟t till Arab scholars translated
the written Greek texts of Dioscorides and Galen during the 9th
century that they became
aware of and familiar with the medicinal properties of marijuana.
However, marijuana faced numerous challenges in the Arab regions due to its
psychoactive properties. It is well established that alcohol known as Khamr (wine) is
exclusively prohibited in the holy Koran as was taught by the prophet. However there is
no record of reference to cannabis and its uses was mentioned by Rosenthal (1971).
In the 11th
century, the Turkish Seljuk, captured Bagdad and the spread of
marijuana usage increased in popularity as it was seen as a form of strength for these new
rulers who made additional conquests and converts to the Muslim faith, while also
countering an invasion of crusaders. By the 12th
century the plant had gained a religious
affiliation as the Sufis, a branch of Islam, used and suggested the plant for its divine
properties (which included appeasing thirst and hunger while inducing joy). Shaikh
Haidar, a religious Sufi leader, told his disciples that the “Almighty God has bestowed
upon you by a special favor the virtues of this plant, which will dissipate the shadows that
cloud your souls and brighten your spirits” as was published by Rosenthal in 1971. Most
Sufis were reportedly from the poorer class and had no access to the wine that was
commonly used by the upper-class despite the ban of alcohol directly existent in the holy
Quran.
Medical Marijuana: The Malaysian Perspective 35
Religiously, some Sufis stood by the claim that the herb brought insight, peace
and response, expanded consciousness and even resulted in closeness to God. Today it is
reportedly not a common or endorsed practice among them, due to several reasons as
reported by Khalifa (1975).
By the 13th
century the usage had spread beyond medical and religious purposes
and the use of hashish among the general population of the Islamic world became
popular, stretching from Egypt all the way to Spain. During this period of time up till the
end of the Ottoman Empire in 1804, the usage of hashish was common within society and
the ruling class as well as the oppressed minorities. Whereas one group used it to enhance
their pleasure, the latter group used it as a form of escapism from the dreariness of daily
life and their state of living.
After having faced several challenges religious, social and politically motivated,
hashish usage was not openly challenged after the 14th
century up until the 19th
century.
This is even after three of the major schools of Islam had labeled marijuana as another
„intoxicant‟ similar to alcohol and naming it illegal for usage within the Muslim faith and
any true Sunni Moslem.
The forth school however, the Hanafi, claimed that marijuana was not to be
labeled the same as „khamr‟ and that using hashish in small amounts or for medical
purposes is acceptable, but not for intoxication. As Dixon (1972) placed it, many people
of that time had similar ideas concerning hashish and its differences to wine and alcohol
in general.
Medical Marijuana: The Malaysian Perspective 36
Due to this common understanding and point of view held by the general public,
hashish usage among the common Muslim population remained strong for an extensive
period of time.
Medical Marijuana: The Malaysian Perspective 37
2.7 Medical uses of hashish (marijuana) in the Islamic world
Throughout all these centuries, from the first medical discoveries and advantages
of the plant till the 19th
century when it again became a topic of major dispute, hashish
was used extensively as a form of medication within the Arab regions and Islamic world.
Its uses had been expanded by Moslem physicians who found more uses for the plant
than they had at first discovered in the initial texts.
These included the application of marijuana as a medication for the ear, dandruff,
dissolving flatulence, epilepsy (al-Razi, 865-925), asthma, gonorrhea, constipation and
even as an antidote for poisoning (Rumphius, 1100). It was also used for inducing
appetite stimulation (al-Badri, 1251).
Information on „History of marijuana in Islam‟ and „Medical uses of hashish in the
Islamic world‟ extracted from „Hashish in Islam 9th
to 18th
century‟ (Nahas, 1982).
Medical Marijuana: The Malaysian Perspective 38
2.8 Malaysian law and statistics concerning marijuana
Marijuana, as classified under the Laws of Malaysia can be found in Act 234
under the Dangerous Drugs Act 1952. In this act the sentencing for export of raw
cannabis is given at no more than 5 years but no less than 3, whereas for possession of
raw cannabis is given at no more than 5 years and/or a fine of up to RM 20,000. Planting
or cultivation of a cannabis plant can serve a sentence of life imprisonment upon
conviction and a minimum of six whippings. Import of cannabis may result in a hefty fine
of up to RM 100,000 and/or a prison term of no more than five years. A slightly lesser
sentence is reserved for self-administered cannabis users that would see them for up to
two years in prison or to a fine of no more than RM 5,000. On the other side of the
sentencing scale, however, lies the death penalty. Any individual, whether Malaysian or
not, if convicted as a drug trafficker will be condemned to death by the law.
In Malaysia, 200g of marijuana is enough to attain the title of a drug trafficker and
the penalty of death under Provision 39b of the Dangerous Drugs Act of 1983. It is not an
uncommon practice for large scale trafficker to get the death sentence, as The Star
reported the case of a 36 year old Thai national that was convicted for „carrying more
than 18kg of cannabis‟ (The Star, 2013). The mother of a 10 year old daughter was
sentenced to the gallows. However, it does not have to be such an enormous amount.
There is one very significant and crucial case from 1991 in relation to this and
that must be taken into consideration for it holds high importance to this research paper,
as it is on the legal perception of medical marijuana in Malaysia. Kerry Wiley was
apprehended on the 4th
of November 1989, on marijuana charges. He was an American, a
Medical Marijuana: The Malaysian Perspective 39
computer science lecturer, and a young man of 35 years in age, but with a severely
painful medical condition. After having fallen of a mountain slope in his youth, he
maintained severe pain in his shoulder, a pain that as he found out marijuana helped
relieve. Due to a tip off he was accused of mailing himself a packet of marijuana from
Thailand, a charge that did not stick but that had the effects of a house search warrant
being issued. In his apartment was found 265.7g of marijuana, enough for condemnation
to the afterlife.
During the trial, Dr. Lester Grinspoon a medical physician came forward in
defense of Kerry in relation to his medical need for marijuana. At length he fought his
grounds and the results were the first of its sort; the death penalty and drug trafficking
charges were reduced to 5 years imprisonment on personal possession charges of the
drug, with 10 strokes of the cane; which luckily were never carried out at the possible
request made by Dr. Grinspoon to the Prime Minister of that period, Tun Dr. Mahathir
(Grinspoon, n.d.).
The interesting fact of this case for which the ruling took place on the 17th
January
1991 was that personal consumption could only be proven by using medical marijuana as
the basis of foundation. If medical marijuana can be accepted in court as a form of
medication that relieves pain and other symptoms, with the judgment passed based on
this, there is a legal ground upon which a new law may be passed in the future concerning
the uses of marijuana for medical purposes in this country.
Even as such strict laws and regulations are in force, the number of marijuana
users is relatively high as is shown in two separate studies for 2006 and for 2011. In
Medical Marijuana: The Malaysian Perspective 40
2006, according to a fact sheet released by UNICEF, Malaysia had 22,811 detected drug
users. Ganja aka marijuana was second highest on the list with 23.12% users of the total
number, after heroin and morphine which took up a total 60.73%.
The latest drug report, as released by the National Anti-Drug Agency (NADA),
was for the year 2013 which saw a reduced percentage of overall drug users including a
drop in significant numbers for ganja. The report saw a drop to 15.96% in this category,
numbering 1,255 individuals out of the total recorded 7864 for that year. In comparison,
2009 saw the detection of 5,207 ganja related individuals, a significantly larger number.
Reasons as for this large variance in numbers may be attributed to several factors, not
necessarily reflecting the true numbers of users as these are reported individuals actually
caught and registered by the authorities.
There are no current laws on medical marijuana or on using marijuana for medical
purposes in Malaysia.
Medical Marijuana: The Malaysian Perspective 41
2.9 The history of marijuana in Malaysia and its current developments
2.9.1 Historical references of marijuana in Malaysia
One of the oldest records of marijuana or „ganja‟ to have been made in Malaysia
was within the historical manuscript „Hikayat Inderaputera‟. The manuscript that is based
on the adventures of the Prince Inderaputera is believed to have been written at the end of
the 17th
century (Gallop, 2015). According to the findings, ganja was listed as one of the
plant species labeled under the section of „herbal plants and food plants‟ mentioned as
being found in Malay gardens (Zakaria, Salleh & Rashid, 2013).
In 1839 a new paper on the usages of marijuana in medical treatments was
presented by O‟Shaughnessy, assistant-surgeon and professor of Chemistry from the
Medical College of Calcutta. In this paper he made reference to the observation of “the
narcotic effects of Hemp” (in this case referring to Cannabis Indica) being “extensively
employed for a multitude of affections” within the “adjacent territories of the Malays”
who used it in their popular medicines.
In Malaysia, history shows that cannabis was used as traditional medicine in
various health aspects. The two most commonly mentioned applications were for the
treatment of leprosy and for the relief of asthma. For the treatment of leprosy cannabis
was macerated in alcohol together with the plant Hydnocarpus anthelmintica and used as
an application to the skin (Hutton, 2014). The treatment was known as „tai foong chee‟.
In the 1920‟s the usage of tai foong chee was publicized by The Straits Times,
1927, as a promising medicine for leprosy. It Stated of the its implementation and
Medical Marijuana: The Malaysian Perspective 42
successful results observed in the Leper Asylum, Kuala Lumpur, after the trial injections
of „Moogrol‟ were rejected by patients due to the resulting pain.
It was also recorded that “within Malaysia itself cannabis was used for the relief
of asthma by the indigenous natives” and was recorded prior to Malaysia's independence
or the British occupation (Gill, Rashid, Koh & Jawan, n.d.).
2.9.2 Tradition and marijuana in Malaysia
As relayed by Christian Rätsch in his book „Marijuana Medicine: A World Tour
of the Healing and Visionary Powers of Cannabis‟ the usage of cannabis indica was not
uncommon to Malaysian traditional healers known as Bomor, pawang or Poyang.
Referencing the works of Eliande (1975), he stated the incorporation of the plant into
various traditional medicines (Rätsch, 2001).
2.9.3 Drug decriminalization and rescheduling propositions
According to Prof Dr Adeeba Kamarulzaman, chairman of the Malaysian AIDS
Foundation, it may be necessary to decriminalize drug usage in Malaysia if it wants to
achieve the further prevention of the HIV spread. She made clear her stance on this,
saying that despite the cultural and religious challenges, the relevant ministries needed to
openly deal with the issues. She also stated that there were challenges that need be faced
in order to discuss openly “what needs to be done for these groups” (Loh, 2013).
Medical Marijuana: The Malaysian Perspective 43
Similarly, in relation to possible decriminalization, the Minister Nancy Shukri of
the Prime Minister‟s Department claimed that the governmental enforced policy on drugs
was shifting towards seeking treatment for drug users rather than the prosecution of them.
She stated that changes in the approach of the authorities towards this matter could result
in a general reduction of drug dependants.
After the High-Level Panel Meeting on Drug Policy and Public health that was
organized by the Global Commission on Drugs in Kuala Lumpur, 2013, she was quoted
telling reporters that "instead of looking at drug dependants as criminals, we should look
at them as patients. Instead of bringing them to jail, we bring them to the clinic.”
(Themalaysianinsider.com, 2013).
In 2010 during a Parliamentary session, the then MP Zahrain Mohamed Hashim
posed a request for the Malaysian government to conduct studies and look into the
rescheduling of cannabis. The request was aimed at the Minister of Home Affairs and
was based on the less harmful nature of the plant. However, this request seems to have
never been adhered to or granted (Seshata, 2014).
2.9.4 Current efforts for marijuana in Malaysia
Recently in 2013 within Malaysia, a combined effort between local cannabis
enthusiast groups was made, headed by GENGGAM in collaboratiion with
TARGAS,Oh! and Ganja & Malaysia 420 Legalizers. Gathering at the historical city
square Dataran Merdeka, they held up a banner and handed out flyers to pedestrians.
After being requested to disperse by a polite traffic authority for not having a permit, the
Medical Marijuana: The Malaysian Perspective 44
group further collected in numbers rising above 20 and gathered again at the popular
shopping mall, The Curve. The movement aimed at educating the public on the benefits
of marijuana and its uses, as well as peacefully protesting against the current laws
concerned with the plant (The Hemperor's New Clothes, 2013).
Medical Marijuana: The Malaysian Perspective 45
2.10 Marijuana related research and surveys
Official research into the medical uses of marijuana has been known to be
conducted over decades now in countries all over the world. Below are made mention
some of these that proved to be significant in relation to this study and in forming
appropriate survey questions that it posed to its participants.
According to the CBS Poll of 2015 on illegal drugs and marijuana specifically,
results from the USA showed that a total of 53% of survey participants were for the
general legalization of marijuana. This result is taken from a population whereby a total
of 49% of participants had actually tried marijuana and showcases a positive regard in
general to the legalization of marijuana. This study was not limited to medical uses and
its acceptance but takes it a step beyond that as the medical benefits of marijuana and its
implementation has already been recognized within most states of the USA (CBS News
Poll, 2015). Instead it stands to show the positive regards attributed to marijuana and the
public‟s perception to legalizing it in general.
The second study that was found to be appropriate in relation to the research topic
was conducted by Wendy Swift at the National Drug and Alcohol Research Centre,
University of NSW and was in the regards of establishing experiences and attitudes held
by the research sample on the topic of marijuana and its medical uses (Swift, n.d.). In this
survey questions were asked as to why users had decided on using marijuana as well as
attempting to identify the specific medical conditions to which the participants claimed
marijuana had proved affective for. The purpose of the research paper was to indentify
and establishing new information concerning Australians and their approach and
Medical Marijuana: The Malaysian Perspective 46
perception to medical marijuana and its uses with the intention of using this information
to draw appropriate conclusions on the topic and its applicability within Australia.
The third research paper related to this topic of study was conducted in 2006 by
Douglas in Grenada. This research paper was on the „Use and Abuse among Young
People in Grenada‟ specifically on alcohol and marijuana. In this paper were identified
general reasons given by the participants on the usage of marijuana. The paper did not
specify on the medical aspects of marijuana but aimed to establish the causal aspect for
marijuana usage among the survey participants in general. A similar aspect is aimed to be
identified among locals within Malaysia and their reasons for having tried marijuana,
rendering the survey questions presented to the population in Grenada applicable to the
questions posed within this study of the Malaysian perception and contributing factors of
marijuana usage locally.
The forth research mentionable due to its appropriateness and similarity to this
research paper was the Goucher Poll of 2013. In this study it was found that 90% of
residents within Maryland, USA, were in support for medical marijuana legalization and
usage. This served the purpose of establishing a percentage determining the locals regard
to medical marijuana legalization and acceptance within their state; the same intentions as
this research paper holds in determining and clearly presenting the perception of the
Malaysian public residing in Selangor on the topic of legalization of medical marijuana
for potential patients within Malaysia.
Medical Marijuana: The Malaysian Perspective 47
2.11 Theoretical Framework
There are numerous factors involved in conducting this form of research
including legal status, public perception and opinion, politics and religion. In order to
effectively do so and to understand the results and questions that need answering, a series
of theories and frameworks can be used in order to analyze and organize a research paper
of this sort. As the topic revolves not just around the sensitivities of marijuana in general
but specifically on medical marijuana, the situations that arise can be much more
complicated and sophisticated. This is especially due to the fact that the general form of
marijuana is unacceptable in the eyes of the Malaysian law and is classified as a Schedule
1 drug, having gained no recognition for its medical uses and purpose within the
stipulation of the law.
It is due to this reason that the importance in conducting this research can be seen.
Marijuana is a substance that has entered negatively into the legal system on a basis that
can be questionable on several aspects including, its benefits having been proven in
global studies, an insufficient amount of conducted research on the topic within Malaysia,
and its relation to human rights and the right to free will.
These can be linked together with the responsibilities taken on by certain
recognized and respected professions and professionals within this country who have
sworn to protect and serve as best they can in comfort, legal matters, medical advice or
prescriptions, as well as on the behalf of an individual. In regards to this, it‟s the doctors,
lawyers and judges, and the head of the country, the Prime Minister, who hold the most
Medical Marijuana: The Malaysian Perspective 48
influence and the official ability to provide and build a pathway for the progression of
medical marijuana in Malaysia or at the least the recognition thereof.
This can be established when taking into account their sworn oath of duties to
fulfill as best they can their responsibilities and to not eliminate existing information,
cases or arguments when deciding on the best course of action to consider.
For instance the Hippocratic Oath that as applied by Malaysian doctors, reads as follows
(Khoo, 2014):
“I swear to fulfil, to the best of my ability and judgment,
this covenant:
I will respect the hard-won scientific gains of those
physicians in whose steps I walk, and gladly share such
knowledge as is mine with those who are to follow.
I will apply, for the benefit of the sick, all measures [that]
are required, avoiding those twin traps of over-
treatment and therapeutic nihilism.” (Lasagna, 1964)
This clearly places the responsibilities of a doctor into a category whereby he has
obliged himself to do and embrace the methods of proven medicine and medication, not
being able to disregard existing evidences when it comes to the matter of a patient‟s
health or wellbeing. Even less so if the matter is of greater complications or if disregard
Medical Marijuana: The Malaysian Perspective 49
causes potentially more harm or even possible death due to negligence of relevant
information existent in regards to medical practices and prescriptions.
Over the years, there have been several breakthrough research papers and studies
conducted on marijuana that have shown and proven the medical attributes and their
potential in regards to helping or healing patients where appropriately applied. Together
with these the usage of medical marijuana legally has begun to spread and take root in
several countries across the globe with several more following suite or starting their own
local based research. Taking into account that the medical benefits have been extensively
proven in relation to several medical aspects, it seems like there has been a new, or old,
medication to which doctors and patients alike can look towards.
According to the oath to which doctors bind themselves, it is their responsibility
to look into and test the aspects of any potentially useful medication that is possibly
available. Disregarding medical marijuana in the aspects of the Hippocratic Oath results
in physicians not adhering or respecting the hard-won scientific gains of others in whose
steps they are meant to be following. It also disables them from administering the best or
most effective medication to patients in need, robbing these particular patients of their
rights to the most effective medication in accordance to their situation or ailment.
Similarly the oath undertaken by Muslim physicians states that:
“To extend my hand of service to one and all, to the rich
and to the poor, to friend and foe alike, regardless of race,
religion or colour;
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To hold human life as precious and sacred, and to protect
and honour it at all times and under all circumstances in
accordance with Thy Law;
To do my utmost to alleviate pain and misery, and to
comfort and counsel human beings in sickness and in
anxiety” (Iium.edu.my, n.d.)
The second considerable oath that can be linked to the usage and prescription of
medical marijuana and marijuana in general is in regards to honesty, legality and the
understanding and perception of not just the law but of right and wrong, basing
judgments upon facts and evidences. The group that is unable to deny this and who is by
profession bound to pass judgment and sentence based upon existent information and
evidence given, is found within the judicial system and consists mainly of lawyers and
judges. In accordance to the considerations a judge must take into account the fourth rule
as provided by the malaysianbar.org website, stating that a judge must decide upon cases
with total objectivity in order to reach a just and legally correct solution as far as humanly
possible (Booth, 2005). This was seen in practice with the case of the medical marijuana
patient Kerry Wiley when the judge decided sentence upon his medical aspects of using
marijuana. This case has been mentioned under section 2.8 of the Literature Review, and
will also be discussed in further details within section 5.2 of Discussion.
In addition for this research, the general theory of free will will be applied and
explored in general. As stated by Timothy O´Conner (2013) on this theory, most
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philosophers attribute the right to free will based on its effects upon the situation,
outcome and the people that are involved, and usually according to established moral
responsibilities. This theory would be applicable towards the legalization of medical
marijuana in general as there seems to be no moral responsibilities that are broken if the
plant proves to be beneficial for certain patients and doctors prescribe it. Therefore the
free will and choice should be allowed to rest in the hands of the users. Overall, this has
been a very common argument in relation to drug usage by individuals, when there is no
harm caused to an outside party, it result in that case establishing further debate on
whether the substance causes self-harm, in the case of this research topic, medical
benefits.
The difference that lies in the legalization of marijuana in general and the case of
legalizing medical marijuana is in this; illegalizing marijuana in general and not allowing
the people to make their own free choice concerning its usage, basically only takes away
something that is not a necessity and purely an argument on free choice and its
restriction. The case with medical marijuana is that the people are taken away a source by
the authorities that could possibly be the only thing that helps them, essentially escalating
the case to not simple restriction, but to a depravation of a medically needed prescription
that could change the lives of people for which no other or only less effective alternatives
exist. In this regard, it is not merely a question of free will being restricted but instead the
restriction lies upon something that is needed, disregardful of its necessity, relating it to a
breech in human rights. This leads to the questionability of such actions and laws as
every person under the general understanding of human rights should be allowed to
Medical Marijuana: The Malaysian Perspective 52
participate freely in actions that benefit them, especially if medically proven and if no
harm is caused to any second or third party.
Due to this, the theories that will be focused on in this paper are based on the
understanding of democracy, Malaysia considering itself to be a democratic country;
engaging in general human rights efforts and equality (Nationsonline.org, n.d). One
factor of a democratic country is classified by its availability of choice, and whether or
not that choice is made available for the people. In an authoritarian country the choice is
made by someone in charge and the people are left to follow suit whether agreed upon or
not. Another factor is that the population should generally have the vote upon matters as
the elected leaders are only representatives of the people (Przeworski, 2003). As provided
by the governmental website jpm.gov.my (2014), the responsibilities of the Prime
Ministers Department of Malaysia stand to include the following:
 “Ensuring that human resources, finances, equipments and
infrastructure are sufficient and appropriate at for the
respective Departments to carry out their roles and duties
effectively.”
 “Assisting the public who are having problems with the
public administrative machinery for the treatment of
recovering and exploit unfounded complaints as being
input to government agencies to enhance accountability,
quality and productivity of public services.”
 “Enhancement of knowledge, expertise, quality and
performance of officers in the civil service, statutory bodies
Medical Marijuana: The Malaysian Perspective 53
and local authorities that has involved in the fields of
judicial, legal and law enforcement to create a fair, efficient
and effective service through systematic and planned
training.”
 “Ensuring the provision, interpretation and dissemination
of latest statistics that are of quality, more efficient and
effective for the establishment of development planning
policy implementation.”
These stipulations require the Prime Minister and his department to verify and
research any potential measures that could be taken into consideration for the country,
public services and the public‟s wellbeing. It also stands to include the making of policies
and the responsibility to appropriately train and educate relevant authorities on the update
of new found information and research results for which they have been placed in charge
of. When taken into the context of medical marijuana, it is the head of the government‟s
duty and his department‟s responsibility to adequately address the current stigma and
laws that surround it. In line with this, the fact that this topic can‟t and should not be
ignored is clearly displayed by the existence of relevant information regarding the usages,
regards and recommendations that have been given by the public, professionals and other
prominent figures, as well as the legal implementations and public opinion as collected
by this survey.
In Malaysia, there has been no room made for an alternative in the prospects of
using marijuana as a medication which may prove to be a great negativity to an important
part of the population.
Medical Marijuana: The Malaysian Perspective 54
Another generally supporting theory that will be focused on in a bit more detail in
relation to this topic is the Devine Command Theory. This theory states that the
perception of good or bad is decided and foretold by God or by the word or books of God
(Austin, 2006). This is a very important aspect to take into consideration when
undertaking this research topic in Malaysia. The reason for this being that the majority of
the Islamic sector consists of Sunni Muslims. This is important to know and understand
as Malaysia and its political and legal systems are heavily influenced by the religious
segments (Malik, 2012). In the interpretations of the Quran, the Sunni Muslims had
classified „khamr‟, literally meaning wine, to be adapted to any other substance that may
cause a change in physical or mental state when administered to the body (Nahas, 1982).
In this aspect, it becomes a religious obstacle concerned with interpretations on the words
given by God in the Quran, and ultimately the power of the government designates the
extent of this affecting any potential advancement that medical marijuana may have to
offer to this country.
If sufficient prove and knowledge exists in order to be able to create a clear and
truthful picture of this topic, then it should thus be analyzed and appropriately decided
upon without being biased towards or against it. This can be achieved by taking into
account the above mentioned theories, oaths and the understanding of the responsibilities
held by relevant authorities. It is also important to disregard factors that do not have
direct connection or effect upon the situation, such as those that may stand to place the
importance of the healthcare and medical system and services made available for patients
as a secondary consideration. In this instance these include religion, politics and a lack of
education/understanding, which in Malaysia has been proven to be very prominent
Medical Marijuana: The Malaysian Perspective 55
influences in the past decision making processes and among most arising situations and
cases.
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3.0 Survey Methodology
The purpose of this research is to examine the perceptions that Malaysians hold
on the topic of Medical Marijuana. Marijuana is the most commonly tried illegal drug in
the world, and is familiar to most people by at least name (Nolan, 2014). According to
the National Anti-Drug Agency (NADA), marijuana is still among the top three most
used illegal substances in Malaysia after heroin and morphine, 2013. Using the gathered
information on the public‟s perception on this drug and their knowledge concerning its
potential usage, a clearer understanding for the future of this plant is hoped to be
achieved and to be presented accordingly. The method of establishing this information
will be achieved through the release of a public survey. Consisting of 150 voluntary
participants it was distributed and collected via online (110 softcopy) and offline (40
hardcopy) means. Using the non-probability convenience sampling method and snow ball
effect, the collected data and information was appropriately categorized and organized
using the constant comparative technique for qualitative answers (7+1) whereas the
quantitative responses (15) were quantified and represented accordingly.
Medical Marijuana: The Malaysian Perspective 57
3.1 Research Instrument
This paper aims to be the stepping stone of breakthrough information concerning
Malaysians and marijuana; the main context focusing on its medical uses and its potential
in Malaysia. This will be achieved through the accumulation of useful information,
collected via a public survey, gathered from the public and citizens residing in the state of
Selangor. This chosen population will serve as the focus group for the purpose of this
research paper. The information and opinions by participants were collected via survey of
150 voluntary respondents, primarily softcopy based online with 110/150 participants,
while 40/150 of them participated via hardcopy distributed in the SEGi University
campus, KD, Selangor.
The method chosen for conducting this study and attaining the needed
information is through the usage and implementation of a single survey. It incorporates a
series of close-ended quantitative and open-ended qualitative questions that will aim at
gaining specific knowledge and information, perception and opinions, as well as levels of
acceptance and support on the topic of medical marijuana and its legalization in
Malaysia. These qualitative questions are straightforward `yes or no` based or multiple
choice questions offering the possibility of more than just one answer. A number of these
require the participant to elaborate or state the reasons for choosing that particular
answer; this being done to attain a clearer perception and understanding of the
respondent‟s angle on the topic and on the various parts that the survey touches on.
In total the survey contains 15 quantitative questions of which 7 have qualitative
attributes that focus on determining the level of understanding the question as well as to
Medical Marijuana: The Malaysian Perspective 58
gain insight as to why that particular answer was opted for. An additional question of
qualitative nature is incorporated at the beginning of the survey serving the purpose of
determining the basic level of comprehension between respondents on what they
understand/know about medical marijuana or the topic thereof. This question is not
counted as part of the overall 15 questions as it does not seek to test any particular
statistical aspect, but instead offers the participants the opportunity to explain their
understanding and regard to the topic. This provides a clearer idea of the difference in the
mindset and level of understanding of the respondents.
The survey can therefore be segregated into 3 parts according to respondent
relevance, with the first being the Introductory Question whereby all respondents are
required to provide a brief assessment of what they understand, perceive or know about
medical marijuana in general. The second part according to participant relevance is
refined to the user group only, here defined as respondents that have previously tried
marijuana or are currently still engaging its usage, and includes the questions 2 to 7. The
third part of the survey according to relevance includes all participants and includes the
questions 1, 2 and 8 to 15.
Similarly there are 3 sub-categories that can be identified, the first being on
maijuana in general and includes the questions 1 to 9. The second section is concerned
with medical marijuana in general and includes the questions 10 to 13. The last
identifiable sub-section is concerned specifically with marijuana in regards to Malaysia.
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3.2 Objective of survey questions
The survey questions can be split into 3 categories in regards to their objectivity. These
are as follows;
Category 1 - Questions that touch on general information used for assessing and
determining the perception towards medical marijuana and marijuana in general
according to usage and legality.
Questions include:
 Introductory Question
 Questions 2 to 5, 11, 13 & 14
Category 2 – Questions regarding marijuana specifically, its medical benefits, usage
purposes and the perception held towards it in regards to addressing Research Question 1
Questions include:
 Questions 1, 6 to 10 & 12
Category 3 – Questions regarding the possible legalization of medical marijuana within
Malaysia according to survey respondents in regards to addressing Research Question 2
Questions include:
 Question 15
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3.3 Research Sample
Malaysia as a country is made up of fourteen individual states, with the capitol
city of Kuala Lumpur located within the region of the Klang Valley. The Klang valley
comprises of the two states of Selangor and the Federal Territory. The Federal Territory
is surrounded by the state of Selangor which holds several important attributes making it
of great importance economically, socially and politically, including the
(Geographia.com, n.d.);
 Largest economy in terms of GDP
 Most developed with good infrastructure
 Lowest poverty rate
 Largest population in Malaysia (Heritage.org, n.d.)
These factors are important in considering the research sample in various aspects.
The main reason being that the topic of research is for the further development and
possible implementation of alternative medication, a discussion appropriate and relevant
for the scene of a progressive and fast developing state that is capable of focusing its
energy into the newest, fastest and safest developmental aspects of socially important
industries, including the medical and healthcare system meant for the people. It also
focuses on the society‟s perception and attitude towards marijuana, a Schedule 1 drug.
The effects of this status results in the topic being controversial and difficult to discuss
and research, leaving few opportunities for its status to be reviewed and reconsidered,
targeting the generally most developed and progressive population of a nation ensures
that the results of studies and research are not ignored or dismissed as being of less
significance. A developed state with a good economy allows progression for new
Medical Marijuana: The Malaysian Perspective 61
research and ideas to be put forward which allows the country to further develop itself in
the aspects social, political and internationally.
The research sample for this study will therefore consist of residents living in
Selangor, specifically Malaysian and over the age of 18. The focus is kept on Malaysians
as it is in their power to decide upon considerable change, acceptance or denial when
concerned with matters of Malaysian law and practice. Therefore it is of great importance
for the credibility and compatibility of the study to be of direct relation to the citizens of
the country. The age group will include the ages 18 and above, ranging from young
adults onwards as they will be the most likely to have experienced or encountered,
personally or through other means, the topic of marijuana and its medical benefits. The
age 18 was also chosen due to the following factors;
The Age of Majority Act 1971, Malaysia, clearly states:
„the minority of all males and females shall cease and
determine within Malaysia at the age of eighteen years and
every such male and female attaining that age shall be of
the age of majority‟
18 is also the legal age for;
- Cigarette purchase and smoking
- Alcohol purchase
- „the religion and religious rites and usages of any class of persons within
Malaysia‟ (Age of Majority Act 1971)
Medical Marijuana: The Malaysian Perspective 62
- Marriage, unless concerning a Muslim girl (age 16) and approved by the Syariah
Court (Azizan 2013)
- Legal consent for decision making regarding personal medical treatments
(Zainudin, Rahim & Roslan, 2013)
Demographic table for survey participant categorization
Table 3.3: Sampling criteria
Age Sex Nationality State of residence Occupation Student of
18≤ Male Malaysian Selangor Student
Current
University
Female Working
Non-working
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3.4 Method of survey distribution and collection
As afore mentioned, the survey distribution commenced via the usage of two
separate media types using two separate platforms. The first and more extensively used
media was digital, utilizing and focusing on the social network „Facebook‟ as the main
platform to spread the survey online. This was done using the non-probability
convenience sampling method, whilst promoting the snowball effect of encouraging
second and third parties to further spread the survey reach in order to attain a higher
participation number. This proved to be successful and effective as most initial
respondents reacted positively to sharing the survey link to their peers and others. The
application used to create the online survey version was Google Forms, allowing the link
to the survey to be copied and pasted, significantly simplifying the method of widely
distributing the survey online. In total 110 (one hundred and ten) responses were
achieved and collected over a two month period via the online platform between the dates
14th
October 2014 – 14th
December 2014.
The second method of handing out hardcopies also employed the non-probability
convenience sampling approach whilst also promoting the use of the snowball effect,
whereby respondents were allowed and encouraged to further pass on survey forms to
individuals after having participated themselves. In total, 40 (forty) respondents were
collected via this method bringing the collective total of online and offline responses that
fall within the stipulated research sample to a 150 (one hundred and fifty).
As both media for distribution and collection are based on non-probability
sampling methods, it allows and encourages any voluntary person to participate in the
Medical Marijuana: The Malaysian Perspective 64
survey with no hindrance. The collectively collected data was then combined and sorted
using Microsoft Excel. The results were categorized and analyzed according to the
respondents answers; quantitative data being quantified, categorized and presented in the
form of tables, pie charts and bar charts whereas the qualitative answers were categorized
using the constant comparative technique, are presented in the forms of tables whereby
categories are set based upon common answers or the understanding that respondents had
of the question. For qualitative answers, pie charts and bar charts are also incorporated
into the presenting of the collected data where appropriate and relevant.
All collected information is anonymous, private and confidential with
participation being voluntary with being unbiased towards gender, race, religion,
occupation and social status.
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Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective
Medical marijuana - the malaysian perspective

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Medical marijuana - the malaysian perspective

  • 1. Medical Marijuana: The Malaysian Perspective i MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION: THE MALAYSIAN PERSPECTIVE LILIAN CHRISTIAN SCHMIDT A project report submitted to the School of Communication Studies, SEGi University in partial fulfillment of the requirement for the degree of Bachelor of Mass Communication (Hons) 2015
  • 2. Medical Marijuana: The Malaysian Perspective ii Abstract of project presented to the Senate of SEGi University in partial fulfillment of the requirements for the Degree of Bachelor of Mass Communication (Hons) MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION: THE MALAYSIAN PERSPECTIVE By LILAN CHRISTIAN SCHMIDT 2015 This research paper aims to determine the perception of Malaysians towards marijuana, its medical uses and its possibility for being legalized within Malaysia for potential patients. In order to determine a rough estimation of these possibilities, 150 Malaysian citizens residing in Selangor participated in a predominantly online survey employing a non-probability sampling method and the snow ball effect. Their responses were collected, appropriately categorized, and analyzed for a clearer display of the perception held in regards to this topic. Extensive research on previous material has also been incorporated into this research paper in order to relate findings to existent information and standings on the topic, as well as to enable a comprehensive analysis of legalizing medical marijuana for potential patients in Malaysia. The collectively attained findings of this research paper stand to show a strong support in and high possibility for the potential of legalizing medical marijuana in Malaysia for appropriate patients. Key words – Malaysian, potential patients, medical marijuana, legalization, Selangor
  • 3. Medical Marijuana: The Malaysian Perspective iii Abstrak projek yang dikemukakan kepada Senat Universiti SEGi sebagai memenuhi sebahagian keperluan untuk Ijazah Sarjana Muda Komunikasi Massa (Kepujian) MEDICAL MARIJUANA AND THE ISSUES OF LEGALIZATION: THE MALAYSIAN PERSPECTIVE Oleh LILIAN CHRISTIAN SCHMIDT 2015 Kertas penyelidikan ini bertujuan untuk mengenalpasti persepsi rakyat Malaysia terhadap ganja, kegunaannya untuk tujuan perubatan dan potensi kelulusan pengunaan ganja oleh pesakit di sisi undang-undang . Bagi menentukan anggaran kasar kemungkinan ini, 150 responden berwarganegara Malaysia yang menetap di Selangor telah mengambil bahagian dalam kajian ini. Kebanyakan peratus mereka telah menjawab soalan kajian secara elektronik dengan menggunakan kaedah persampelan bukan kebarangkalian dan persampelan bola salji. Jawapan mereka dikumpulkan, dikategorikan dan dianalisis untuk paparan yang lebih jelas mengenai persepsi berkenaan dengan potensi panggunaan ganja oleh pesakit yang dikenalpasti. Kajian menyeluruh juga dijalankan di atas keputusan kajian yang wujud sebelum ini, dan telah dimasukkan ke dalam kertas penyelidikan ini untuk membantu dan mengukuhkan lagi maklumat mengenai topik ini, serta membolehkan analisis untuk dibentukkan mengenai potensi penggunaan ganja bagi tujuan perubatan untuk pesakit dikenalpasti di Malaysia. Hasil kajian secara kolektif
  • 4. Medical Marijuana: The Malaysian Perspective iv kertas penyelidikan ini telah mentukan sokongan yang kuat untuk mengesahkan kegunaan ganja bagi tujuan perubatan di Malaysia untuk pesakit tertentu.
  • 5. Medical Marijuana: The Malaysian Perspective v ACKNOWLEDGEMENT AND DEDICATION It is clear that this paper would not have been made possible if not for the extensive support and help of several irreplaceable members of society, friends, family and supervisors. It is therefore only appropriate to extend an exclusive thank you to several individuals who made this research paper possible and who stood by my side throughout, often paving a way for the next step to commence when obstacles or challenges were met. This list of names stands to include my research supervisor Ms Miza, advisor Dr. Melati, and also volunteers Shannya and Elisabeth. This paper is dedicated to several prominent individuals in my life and is meant for the benefit of the general population. I therefore extend my thank you to all survey participants, my friends, as well as to the unfortunate individuals that have given me purpose and inspiration to conduct this research paper in search of determining the acceptance of the alternative medication, marijuana, within Malaysia.
  • 6. Medical Marijuana: The Malaysian Perspective vi DECLARATION I hereby declare that this project report is based on my original work except for quotations and citations, which have been duly acknowledged. I also declare that it has not been previously or concurrently submitted for any other degree at SEGi University or other institutions. ..…………………….. LILIAN CHRISTIAN SCHMIDT Date:
  • 7. Medical Marijuana: The Malaysian Perspective vii LIST OF TABLES Main Table 3.3. Sampling criteria Table 62 4.2.2. Age group analysis Table 67 4.2.3. Gender breakdown Table 69 4.2.4. Occupational status Table 40 4.5.1. Perception towards marijuana and its medical uses Table 206 4.5.2. Perception on the legalization of medical marijuana Table 208 4.7. Contributing factors for general marijuana usage Table 217 LIST OF FIGURES Figure 2.2. Support for marijuana legalization (US) Figure 26 2.5. Cannabis is least risky recreational drug Figure 32
  • 8. Medical Marijuana: The Malaysian Perspective viii TABLE OF CONTENTS Page ABSTRACT ii ABSTRAK iii ACKNOWLEDGEMENT AND DEDICATION v DECLARATION vi LIST OF TABLES vii LIST OF FIGURES vii CHAPTER 1. INTRODUCTION 1.1. Background of Study 1 1.2. Research Problem 4 1.3. Objective of Study 6 1.4. Significance of Study 7 1.5. Limitation of Study 9 2. LITERATURE REVIEW 2.1. General history of medical marijuana from ancient times till the 19th century 12 2.2. Marijuana in the 20th century 17
  • 9. Medical Marijuana: The Malaysian Perspective ix 2.3. Medical marijuana: it‟s possible effects, legalization benefits and suggested intake methods 27 2.4. Current recognized prescription purposes approved for medical marijuana usage 30 2.5. Alcohol Vs. Tobacco Vs. Marijuana 32 2.6. The application of marijuana in the Islamic world (8th – 19th century) 34 2.7. Medical uses of hashish (marijuana) in the Islamic world 37 2.8. Malaysian law and statistics concerning marijuana 38 2.9. The history of marijuana in Malaysia and its current developments 2.9.1. Historical references of marijuana in Malaysia 41 2.9.2. Tradition and marijuana in Malaysia 42 2.9.3. Drug decriminalization and rescheduling propositions 42 2.9.4. Current efforts for marijuana in Malaysian 43 2.10 Marijuana related research and surveys 45 2.11 Theoretical Framework 47 3. METHODOLOGY 56 3.1. Research instrument 57 3.2. Objective of survey questions 59 3.3. Research Sample 60 3.4. Method of survey distribution and collection 63 3.5. Method for data categorization & analysis 65
  • 10. Medical Marijuana: The Malaysian Perspective x 4. SURVEY FINDINGS & ANALYSIS 4.1. Survey Facts 66 4.2. Demography of respondents 4.2.1. Age analysis and breakdown 67 4.2.2. Age group analysis 67 4.2.3. Gender breakdown 69 4.2.4. Occupational status and employment 70 4.3. Findings according to total respondent numbers 72 4.4. Findings based on user and non-user groups (quantitative basis) 174 4.5. Quantitative answers 206 4.6. Qualitative answers 209 4.7. Contributing factors for general marijuana usage 217 5. DISCUSSION 5.1. Based on Survey Findings 219 5.2. Based on Literature Review 228 6. CONCLUSION 235 7. REFERENCES 238 8. APPENDIX 248 8.1. Questionnaire 249 8.2. Questionnaire references 257 9. BIODATA OF AUTHOR 262
  • 11. Medical Marijuana: The Malaysian Perspective 1 1.0 Introduction 1.1 Background of Study Marijuana has been used for thousands of years in China for its medicinal purposes (Lemberg, 1980). It wasn‟t till recently that the plant together with its usage was banned across the globe, and it is only now that the benefits of marijuana are being realized and fought for. Several states and countries have now come to the point of outweighing the perceived negative aspects with the potential benefits that marijuana has to offer. A series of recent scientific studies have proven that cannabinoids, an active ingredient in marijuana, are naturally occurring in human breast milk serving the purpose of strengthening and building up the immune system of a new born child. Cannabinoids have also been found to stimulate the urge for feeding within babies (Benson, 2012). This is a significant breakthrough in considering marijuana for its potential and natural medicinal purposes and also in the acceptance of its usage socially and politically. The use of medical marijuana has also proven to be effective for children suffering from cancer, and has become a leading topic of debate in the medical world restricted only by laws (Cash Hyde Foundation, 2011). In certain other cultures, such as the one found in Jamaica, men, women and even children, culturally use marijuana for its benefits as was found by Dr. Melanie Dreher over a 25 year research period. Among the findings are included the usage of marijuana by pregnant women and the positive results that it can have on the child‟s development after birth. This included a finding proving mothers that were exposed to marijuana during pregnancy and children after birth were quicker in development as compared to the unexposed children of the same age (Brandy, 1999).
  • 12. Medical Marijuana: The Malaysian Perspective 2 Even though countries and states within the USA have started opening their doors to the legal usage of medical marijuana, the herb still remains classified as a dangerous drug in many places across the globe. Malaysia included, is listed as one of the harshest countries in the world in relation to marijuana usage and distribution (Sean, 2011). As relayed by Jim Behr of the 420 Magazine, a 25 year old man was sentenced to death in 2010 for the intended distribution of 622g of marijuana, as was also reported by Azreen Hani of the Malay Mail. With such strict laws in play, there is a clash within the community between those that realize the benefits of its usages, and the government that enforces these extensively harsh laws. Medical Marijuana in Malaysia is essentially non- existent, with few individuals willing to make a stand and with a great need for further research on the topic to ensure that minimal misconceptions arise whilst during discussion. Historical references point to marijuana having been used effectively as a form of medication within Malaysia, most commonly reported for the usage of asthma and leprosy (Hutton, 2014). It was also mentioned as being included in the practices of traditional healers within the Malay territories (O‟Shaughnessy, 1839), providing clear evidence that the medical uses of marijuana had been known and practiced among locals prior to its complete illegalization and classification as a Schedule 1 drug in 1952 (Dangerous Drugs Act, 1952). It wasn‟t till recently that the Malaysian government proposed a new approach to handling drug users, moving from prosecuting them towards treating them and rehabilitating them (Themalaysianinsider.com, 2013). However, it does not place any specification on marijuana although it comes three years after the MP Zahrain Mohamed Hashim had requested the Malaysian government to conduct studies
  • 13. Medical Marijuana: The Malaysian Perspective 3 and to consider the rescheduling of marijuana within the country (Seshata, 2014). Within the same time frame, a pro-marijuana movement was started locally with the intentions of advocating the medical benefits of marijuana to the public. Headed by GENGGAM (Gerakan Edukasi Ganja Malaysia) in 2013, they made a public appearance complete with banners, flyers and other materials on the topic (The Hemperor‟s New Clothes, 2013). Regretfully no public opinion surveys have been conducted on the topic within Malaysia. This paper will explore some of the perceptions, stand points and beliefs held by a fraction of the Malaysian population that resides in Selangor with the intention of creating new data that will lead to the education and eventual acknowledgement of medical marijuana for all its known benefits.
  • 14. Medical Marijuana: The Malaysian Perspective 4 1.2 Research Problem Although marijuana has been used for its medical purposes for thousands of years, it has now become banned in the majority of countries across the world. This also includes Malaysia. Marijuana however, as research has proven, when used for its medical properties, is able to combat and ease various conditions and illnesses. Research and studies have concluded that it is a viable alternative treatment to an assortment of different medical conditions, for which modern medicine seems less effective towards or to have severe side effects (Grinspoon, 2000). These include migraines, cancer and multiple sclerosis. In recent time, this has been recognized in a growing number of states and countries showing that the legalization of the plant for its medical purposes is now more readily acceptable among the general people. In Malaysia marijuana is illegal for all purposes, and little research has been conducted on its effect on society within the country. The readily available statistics on the usage of marijuana are attainable from the National Anti-Drug Agency (NADA) and recount the number of ganja users and abusers that were caught for the respective years. This number only reflects on the number that got caught; there has been no mention of an official national study being conducted on just marijuana users. This is important missing information related to this research paper, as the exact number or estimate of users make a critical difference on how this paper may be accepted in regard to its original purpose of analyzing the legalization of medical marijuana. There are also close to no related medical marijuana cases that can be researched on concerning Malaysia, with the exception of the 1991 case of Kerry Wiley, where
  • 15. Medical Marijuana: The Malaysian Perspective 5 medical marijuana was acknowledged to exist and be legally recognized as a form of medication (Grinspoon, n.d.). Here lies the second gap that is vital to keep in mind for this research and also on how important this research is in filling this missing sector. This sector lies in the legal system that has clumped together all the various drugs and their potential uses under the illegal section of the Dangerous Drugs Act 1952 under which marijuana falls as well. There is no law or regulation that is concerned with the use of marijuana for its medical beneficial purposes, leaving medical marijuana simply unmentioned. This is unfortunate in the sense that it is not being recognized, positively it creates the opportunity of a more specific law or clause being introduced that concerns the legality of medical marijuana. No law must at first be amended, but a new law may be added in with greater ease and acceptance. No study has been conducted on the general public´s view on marijuana and if or if not it could be accepted in this country for its medical purposes. These are questions and gaps to which no answer has been provided, and due to this lack of information and the basic potential that medical marijuana may have on this country and its people, this research becomes a necessity in understanding what place marijuana holds and what the right method of handling this substance may be (current laws state the death sentence if convicted for possession of more than 200g, Dangerous Drugs Act, 1952). This study aims to shed light upon the perception towards marijuana by the Malaysian people, and if its benefits may be incorporated into the medical world as an alternative treatment from conventional pharmaceutically produced medication.
  • 16. Medical Marijuana: The Malaysian Perspective 6 1.3 Objective of Study Research Objectives The research objectives include: 1. To examine the general perception of Malaysians residing in Selangor towards marijuana and its medicinal uses. 2. To study the opinion of Malaysians residing in Selangor on legalizing medical marijuana for potential patients. Research Questions The research questions include: 1. What is the general perception of Malaysians residing in Selangor towards marijuana and its medicinal uses? 2. What is the opinion of Malaysians residing in Selangor concerning the legalization of medical marijuana for potential patients?
  • 17. Medical Marijuana: The Malaysian Perspective 7 1.4 Significance of Study This research paper aims to display and present the perceptions held by Malaysians in regards to marijuana in general, its medical uses and aspects, as well as its potential to be made legally available. Malaysian statistics have shown that marijuana is a common substance of consumption in relation to recorded substance abuse within the country; however the reasons or influential aspects for its usage have not been recorded neither has there been a local publication made on the perceptions and believes held by Malaysians in regard to marijuana in general or for its medical attributes. Globally it has become a form of trend to reconsider the medical aspects of marijuana and even marijuana in general. This is clearly shown with the legalization and recognition of medical marijuana in the USA and the legalization of marijuana in general in Uruguay in recent years. Numerous other countries around the globe have now begun discussions and reconsiderations of the drug for medical purposes based on the overwhelming information made available via new research and findings. This is resulting in a global trend of change towards the topic officially, the healthcare system, judiciary system and government policy, as well as shifting public opinion. The implementation of marijuana for its medical purposes has numerous times displayed strong positive results concerning both patients and country policies. Malaysia currently disregards the medical properties of marijuana and holds to its extensively harsh laws concerned with this plant. There are also no recent studies available on the aspects of medical marijuana within Malaysia and neither is there any appropriate material made available on the public‟s perception of medical marijuana and
  • 18. Medical Marijuana: The Malaysian Perspective 8 its potential to be made legally available for applicable patients locally. This study aims to fill in this latter gap and provide substantial information in regards to public opinion on the topic by taking the responses of Malaysians residing in Selangor, and to establish if Malaysia is a future contender for making medical marijuana available for potential patients within the country. This research paper aims to fulfill the purpose of creating a platform of new information to which future researchers can refer to and use in establishing further studies and findings significant to the topic.
  • 19. Medical Marijuana: The Malaysian Perspective 9 1.5 Limitations of Study There are several limitations that must be considered associated with this research study. While it goes to show the perception of Malaysians regard towards marijuana and its medical uses in Selangor, it collectively analyzes only a fraction of the population that resides therein, let alone the whole of Malaysia. However, in regards to its serving its purpose, it stands to provide new information that can be used by future researchers and studies related to the topic. It also compiles existent materials to which others can refer towards whilst searching for information in regards to this topic subject. Another limitation that exists in aspects to this research paper is the verification of certain information provided by survey respondents. This is in regards to the findings concerned with the claim that marijuana has had medical benefits for the individual. Question 7 asks the following „In your opinion, does/did marijuana use have any medical benefits for you? Condition should be medically diagnosable/ identifiable by a doctor.‟ This is based upon the perception and belief of respondents and does not request further information as to what specifically marijuana‟s medical benefits were proven useful for to this individual, neither does it seek to verify if this condition is truly identifiable or diagnosable by a doctor. However, it non-the-less serves its purpose of clearly establishing experience and regard by the user group within the survey participants in regard to marijuana‟s medical aspects and perception towards it. Another limitation was the method in which the survey was distributed which employed the non-probability sampling and snowball effect methods. This simply means that the findings collected are not by random sampling which would give all Malaysians
  • 20. Medical Marijuana: The Malaysian Perspective 10 residing in Selangor an equal opportunity at being a survey respondent. Using the non- probability sampling method, the direction in which the survey was further spread may have been influenced by its appropriateness towards these members within society. This however, similarly to that of Question 7, it allows room and opportunity for future researchers to engage in further studies to determine further more detailed results. In relation to this, a main challenge was the attainment of accurate and honest responses from survey participants. Even though the survey was assured to be anonymous and confidential, there was an observable hesitance among those that were approached to partake in this survey. Among those there was confession to altering personal details of age and gender that had then been rectified, displaying a fear in disclosing personal information in regards to the research topic. Even though Malaysia is by official political categorization, „a parliamentary democracy with a federal constitution with a federal constitutional monarch‟ it seems that reactions by citizens suggest a flaw in confidence in the manner that the country is governed (Thecommonwealth.org, n.d.) A noticeable factor that is capable of influencing this approach to partaking in this survey is the legal factor and the fear of the law enforcement being able to track individuals or their opinions and relate or charge them to one of the imposed legal judgments on the topic; suspicion being based on their anonymous personal information and opinion disclosure. In regards to the qualitative and quantitative information collected from voluntary survey participants, the qualitative responses to the quantitative questions posed several challenges in categorization. Due to the opportunity to answer according to their opinion, beliefs and thoughts, answers often proved to be abstract or difficult to place within a
  • 21. Medical Marijuana: The Malaysian Perspective 11 common category. In the attempt to appropriately place the valuable responses into their categories, it was observed that due to the possibility of one respondent providing more than one specific answer that may fit into a common category, the qualitative answers are presented not as a direct reflection of respondents but rather of the number of responses or as displayed the estimated number of respondents (e.r.). Finally, even with positive survey results and findings supporting the legalization of medical marijuana for potential patients within Malaysia, there are several obstacles that may pose considerable resistance to this prospect. One is the legal status of marijuana being labeled a Schedule 1 drug and the unwillingness for the relevant parties to alter or add additional laws in regard to this aspect. The other main challenge may be posed by the religious community within Malaysia that is predominantly of the Islamic belief. Due to the dispute in the usage of marijuana for medical purposes or other in accordance to Islamic teachings and belief, there is a likeliness that certain parties will label Marijuana as Haram, as indeed one of the survey responses did. This research paper aims to address these limitations and to where it is applicable, provide existent supporting evidence in support of any claims made.
  • 22. Medical Marijuana: The Malaysian Perspective 12 2.0 Literature Review 2.1 General history of medical marijuana from ancient times till the 19th century It was the Chinese Emperor Fu Hsi who seems to be one of the first to make a medical reference to marijuana, known to them as Ma. This was in the early years of ca. 2900 BC, and at that point long before any known laws restricted its usage, marijuana was considered to be a very popular medicine indeed (Deitch, 2003), and renowned for its medical abilities for centuries to come. Circa 200 years later, the Emperor Shen Nung, also considered as the Father of Chinese medicine, identified three main herbal medications, cannabis being one and the other two being ginseng and ephedra (Joy & Mack, 2001). All of which are still renowned in traditional and modern medicine for various uses. It wasn‟t till 1500 BC though that a written record of medical marijuana was jotted down, as it made its mention in the Chinese Pharmacopeia for the first time during this time period (Marijuana Research Findings, n.d.). It is clear that the Chinese were one of the first civilizations to utilize the medical purposes of marijuana and continued its usage for these purposes for centuries to come, pioneering the first known steps of exploring marijuana for its medical purposes. In around 1450 BC kaneh-bosem, reputably Hebrew for marijuana was recorded into spiritual and religious beliefs of one of the world‟s current leading religions, Christianity. No reference of marijuana‟s usual consumption methods is made in it but instead it is reported as a main ingredient in the making of holy anointing oil (Bennet, 2003). The importance of this if indeed true, lies in the role it plays in religion as
  • 23. Medical Marijuana: The Malaysian Perspective 13 according to this revelation, the large Christian population should not be opposing to the usages of marijuana for its beneficial purposes. In the close by region of Egypt and two centuries later, Ramesses II held rule till the year 1213 BC after which he was mummified. Upon recovery of the mummy, cannabis pollen was among the discoveries that were found during the examination. During this time and era, glaucoma, inflammation, cooling of the uterus and the administration of enemas was all a call for the prescription of the marijuana plant (Manniche, 1989). By the year 1000 BC, the medicinal usages of marijuana were spreading in India and being used to treat a variety of “human maladies”. The medicinal drink, usually based of milk, cannabis and a variety of other ingredients, served as an anesthetic and anti-phlegmatic known as Bhang (US National Commission on Marihuana and Drug Abuse, 1972). As the years passed, Bhang was mentioned in the Venidad, one of the volumes that made up the ancient Persian religious texts Zend-Avesta, in about the year 700 BC. Here is also placed the ranking of marijuana at the top of the list of importance, ahead of the other 10,000 medicinal plants (Booth, 2005). A hundred years later, Sushruta Samhita, included the use of cannabis into the traditional Indian medicinal system of Ayurveda, citing its uses even against leprosy (Green, 2002). Ancient Greece found the uses of marijuana applicable against earache, edema and inflammation (US National Commission on Marihuana and Drug Abuse, 1972). The next millennia, 1 AD, started out with the ancient Chinese listing down more than a 100 different ailments, ranging from gout till absent mindedness for which cannabis was recommended (Joy & Mack, 2001). The Romans in around 70 AD found new uses for the plant for one of which, apart from the usual earaches, was to suppress
  • 24. Medical Marijuana: The Malaysian Perspective 14 sexual longing. In later times between the years 800-900 AD, the Arab world was using the benefits of marijuana for a number of different ailments including migraines and syphilis (Booth, 2005). Its use was continued among the Arabic population and became common practice with the doctors of the Islamic faith (Touw, 1989). By 1621, the western world was exposed to some of the potentials of medical uses of marijuana, as Robert Burton, the English Clergyman and Oxford scholar, suggested it to be a treatment for depression (Grinspoon, 2005). Between the years 1745-1775, cannabis was also promoted by one of the most famous leaders in the worlds history; George Washington. He had a keen interest in the plant itself and also towards the medicinal properties which may be present in them and how they could be used (Deitch, 2003). Being the first American president, he would have had a considerable influence on people‟s thoughts and attitudes towards marijuana. At the beginning of the 19th century, marijuana was being researched in Europe for its pain relieving and anesthetic attributes. This was due to the fact that Napoleon had returned to France in 1799 from war, bringing together with him the cannabis plant, now used to treat his injured soldiers. As a result, medical marijuana gained a much wider user audience and acceptance in Western Medicine (US National Commission on Marihuana and Drug Abuse, 1972). Further explorers, travelers and pioneers such as William O‟Shaughnessy who are accredited for bringing back medical marijuana to the United Kingdom in 1840, ensured that its uses would not go to waste, as even Queen Victoria was reported to have used it to help control her menstrual pains. It was also used to treat matters such as muscle spasms, menstrual cramps, rheumatism, convulsions of tetanus, rabies and epilepsy; gaining usage even among pregnant women as suggested by its
  • 25. Medical Marijuana: The Malaysian Perspective 15 usage to promote uterine contractions in childbirth (House of Lords Select Committee on Science and Technology, 1998). In that same decade, marijuana became a mainstream medication to the West, gaining popularity for its numerous uses, including more simple disorders such as low appetite or problems sleeping. The last positive outreach of a larger scale concerning medical marijuana occurred just before the 1850s when cannabis was entered into the United States Pharmacopeia, a document containing all medications sold over-the- counter or prescribed. It was listed as a treatment for, among other things, neuralgia, tetanus, typhus, cholera, rabies, dysentery, alcoholism, opiate addiction, anthrax, leprosy, incontinence, gout, convulsive disorders, tonsillitis, insanity, excessive menstrual bleeding, and uterine bleeding (Boire & Feeney, 2007). It can be concluded that it was up until this point that the usage and recognition of medical marijuana had been growing or gaining in popularity worldwide over time and cultures. This was due to all the ailments for which it was recommended for in the eyes of the ancient and „older world‟, and which when placed into a list extends to include (as provided per above cited material); glaucoma, inflammation, earache, edema, leprosy, gout, rheumatism, malaria, migraines, syphilis, vomiting, parasitic infections, hemorrhage, muscle spasms, menstrual cramps, rabies, epilepsy, dysentery, neuralgia, tetanus, typhus, cholera, rabies, alcoholism, opiate addiction, anthrax, incontinence, convulsive disorders, tonsillitis, insanity, excessive menstrual bleeding, and uterine bleeding. It was also used in cooling the uterus, promoting uterine contractions during childbearing, and as an anesthetic, analgesic, and anti-phlegmatic, even claimed to work against absentmindedness and sexual longings.
  • 26. Medical Marijuana: The Malaysian Perspective 16 Medical marijuana had not been globally challenged up until this point. However, when the early 20th century came about, there was a mass increase in the illegalization of cannabis, hemp and with it, medical marijuana. Towards the later part of the century there was once again a turn in the perception and knowledge of the topic leading to the current trend of reversing or revising standing laws concerning medical marijuana and marijuana in general.
  • 27. Medical Marijuana: The Malaysian Perspective 17 2.2 Marijuana in the 20th century The beginning of the 20th century took a turn for the worse in the aspects of marijuana and with it also its medical usages and benefits. The 1910s saw the start of the plant being illegalized, the first state being Massachusetts in 1911 and by 1917 another nine states had followed suit. In certain areas it was banned in order to restrict future usage although at that time there were no widespread concerns caused by marijuana; this included the state of California (Gieringer, 1999). In 1925 the League of Nations, an alliance of nations that had been formed after the end of WW1, signed a multilateral treaty that restricting the use of cannabis, aka marijuana, to the sole purpose of scientific and medical considerations (United Nations Office of Drugs and Crime [UNODC], 1962). By 1936 medical marijuana came under direct attack as new modern medicines such as aspirin, morphine and other opium-derived drugs were set to supplant its usages against pain (Eddy, 2010). Beliefs towards marijuana were indeed so far reverted that in 1942 it was removed from the list of US Pharmacopeia, this had the devastating effect of it losing all grounds of medical purposes and benefits (American Medical Association [AMA], 1997). Nine years later the Boggs Act is passed in the US which imposes a minimal prison sentence for mere possession of the now illegal drug. This act was mainly based on the false belief that drug addiction was contagious and possibly incurable (Families against Mandatory Minimums, 2008). Not long after the UN, the post WW2 reformed League of Nations, establishes Article 48 in the 1961 UN Single Convention on Narcotic Drugs, which stated that any
  • 28. Medical Marijuana: The Malaysian Perspective 18 usage of marijuana other than for medical and scientific purposes should be discontinued in the next twenty-five years (UN Single Convention on Narcotic Drugs, 1961). Things went even worse in the US when in 1970 the Controlled Substance Act decided to label marijuana as any other illegal drug, a drug with “no accepted medical use” (US Drug Enforcement Administration [DEA], n.a.). However, this seemed to be rather quickly countered four years later with the setting up of the National Institute on Drug Abuse which was placed in charge of growing marijuana for research purposes (NIDA, 1998). 1976 saw a ray of hope for medical marijuana in the USA with the arising of the case US v. Randall, hereby Robert Randall used the Common Law of Necessity to win on grounds of medical need for marijuana to aid him with his glaucoma, against charges brought against him for cultivating the plant (Schaffer Online Library of Drug Policy, n.a.). The same year saw an international event of high significance for the 20th century in the regard of marijuana, which came in the form of the decriminalization of the plant within the Netherlands (Reinarman, 2004). This had the effect of making the country a marijuana patient‟s heaven, with Amsterdam becoming the world‟s marijuana capital. After the decriminalization of marijuana in the Netherlands, America was the next country to make mentionable changes with their laws through long and hard struggles. These changes were often times reversed or contradictory to each other, especially later on when the State Laws were amended but the Federal Law remained the same. This went on for the better part of almost 30 years, until finally it was started to be decriminalized and medical marijuana made legal.
  • 29. Medical Marijuana: The Malaysian Perspective 19 After NIDA had been established, in 1978 they supplied to a few patients marijuana on medical grounds under the Federal Government IND (Investigational New Drug) Compassionate Program (Archives.drugabuse.gov, 1998). These few patients were never revoked their rights to the medical marijuana that they had attained, however the law itself was suspended in 1991 and shortly later it was altogether disbanded (Isikoff, 1991). In the same year as these few approved patients were legally supplied their first medical marijuana, the state of New Mexico passed the first law that recognized the value of marijuana medically in the form of the Controlled Substances Therapeutic Act (Scott, 1994). The start of the new decade saw the rise of a synthetic version of THC (the psycho-active compound found in marijuana) that was called Marinol. It was also the same year when cancer patients first were tested with the effects of smoked marijuana (Akhavan, 2001). In 1985 Marinol was approved by the FDA and by 1993 it was approved as a treatment for anorexia in AIDS patients (Eddy, 2010). People too were changing. With marijuana still a Schedule I drug, and due to stricter laws that were implemented in 1986, the DEA Judge Francis Young recommended it to be reconsidered and placed as a Schedule II drug. His case was grounded on the records that documented the use and its positive effects upon a variety of very sick patients, with the DEA standing in between these patients and their medication (Young, 1988). The new laws included a life sentence for repeat drug offenders and the death penalty for drug kingpins (Busted: America's War on Marijuana, 1998). Francis Young‟s recommendation however was shot down by the DEA administration just a year after it was made and marijuana for whatever usage remained as a Schedule I drug (DEA, n.a.).
  • 30. Medical Marijuana: The Malaysian Perspective 20 As the medical benefits of marijuana were under dispute, a survey conducted in 1991 revealed that 53% of American oncologists believed that it should be made legally prescribe able to cancer chemotherapy patients, measuring their attitudes and experiences towards this belief (Doblin & Kleiman, 1991). Two years after this, the American Medical Student Association came forward unanimously requesting the Attorney General, Janet Reno, to take heed of Francis Young‟s recommendation and reschedule the drug, while at the same time requesting of President Clinton to re-open the Compassionate IND program (Rosenfeld, 2010). Again in 1994 marijuana is kept in Schedule I and again a petition was brought up calling for the re-scheduling of it, until it was finally recognized in 1996 by California when they legalized the usage of medical marijuana, even though the substance had followed the preceding case from the 1970s and remaining as a Schedule I (Pacula, Chriqui, Reichmann & Terry-McElrath, 2002). In the Proposition 215 it is stated that the cultivation and possession of marijuana was legal for the patients and their primary caregivers under the recommendation of a physician. This included the treatment for AIDS, cancer, muscular spasticity and migraines. Two years later, political leaders called for the public to reject medical marijuana on the basis that it undermined the legal processes conducted by the FDA in regulating and approving new drugs and medicines. These politicians included the former Presidents Ford, Carter and Bush. However this did not stop medical marijuana initiatives to spread across the states (Joy & Mack, 2001). It was not long now until other states such as Alaska, Oregon and Washington legalized medical marijuana (norml.org, n.a.). Which in the UK the UK House of Lords Committee suggests the legalization of medical marijuana as enough evidence exists on its beneficial properties. As Lord Perry
  • 31. Medical Marijuana: The Malaysian Perspective 21 of Walton (1998) explained, “We have seen enough evidence to convince us that a doctor might legitimately want to prescribe cannabis to relieve pain, or the symptoms of multiple sclerosis (MS), and that the criminal law ought not to stand in the way” (parilament.uk, 1998). Alaska was the first state to mandate the registry of medical marijuana patients into a system that protects them from any charges and discrimination made against them by the law. It provides them with a valid identification card stating their need and rights for their marijuana usage. This ensured that only relevant parties were able to access this new medicine. Whereas the others who were not holding this card, would be unable to argue their medical need of the drug, leaving them unprotected by the law (norml.org, n.a.). In the same year, 1999, Canada shows its support for medical marijuana when Canada Health reveals that they will be funding medical research on the topic (Joy & Mack, 2001). In the case of Conant v. Walters (2002), the US Government was denied an appeal by the US Supreme Court to restrict physicians from discussing marijuana with their patients. The government had threatened to revoke the license of those doctors that recommended the usage of medical marijuana in their practices. With a grey line running between the legality of marijuana as a medicine between states, matters were made confusing with the Federal Government not recognizing it as a legal medical substance. In 2003, the US House of Representatives decided to reject an amendment calling for the stop of federal raids upon patients and providers of medical marijuana in the states in which it had been accepted. It would have restricted the DEA from destroying plants,
  • 32. Medical Marijuana: The Malaysian Perspective 22 close down clubs and place under arrest the state recognized marijuana patients and their providers (Sullem, 2003). Meanwhile in Canada the first government grown marijuana is passed to a HIV patient, starting the process of passing marijuana to the relevant and approved patients for whom it had been recommended for (msnbc.com, 2003). Half-way across the world in the Netherlands, medical marijuana is now to be supplied via pharmacies. Over 2000 pharmacies became legally obliged to hold and supply customers with advice and marijuana that was for the making of tea (Conway, 2003). The new year in California began with patients being restricted to a certain amount of possession, which stated that each of the respective individual was legally entitled to „no more than eight ounces of dried marijuana‟ and „no more than six mature or 12 immature marijuana plants‟ (Senate Bill 420, 2004). This however was later suspended upon the grounds that Californian law required the consent of voters to implement such laws. In 2005 there was a blow to potential marijuana patients when California suspended the issuing of the Medical Marijuana ID Card Program under the threat of the Federal Government when it was ruled that possessing and cultivating marijuana was a federal offence. This was ruled by the US Supreme Court in the case Angel v. Raich. This was short lasting as a review by the state attorney general revealed that employees could not be prosecuted for just issuing the ID cards, and 10 days later the program was resumed (Associated Press [AP], 2005). While legal battles and obstacles were being fought and slowly overcome, a poll conducted by the AARP concluded that 72% of American citizens of middle age and above were in favor of legalizing marijuana for its medical uses (AP, 2004). Even with these studies providing proof of apparent general support towards medically used
  • 33. Medical Marijuana: The Malaysian Perspective 23 marijuana, the results of California sticking to its believe and regulations on the topic, were seen at the end of 2005 when the most number of raids were carried out on marijuana dispensaries within the state; all of which were authorized by the federal government. There were no arrests made and the reason given was said that it was to determine how much was being sold and who the suppliers were (Los Angeles Times, 2005). It wasn‟t till 2009 that the US Attorney General, Eric Holder, stated that raids of these kinds will not continue (Johnson, 2009). In the years in between, medical marijuana began to receive support from different angles when the Presbyterian Church approved a resolution in favor of supporting medical marijuana. They urged the Federal Government to amend laws so as to allow the prescription of marijuana for potential patients to access the benefits of this plant for the treatment or relief of their ailments (Presbyterian Church, 2006). In February 2008 the American College of Physicians (ACP) announced, via paper, its support on researching marijuana for its medical purpose, its exemption from the law in relation to criminal prosecution, on the rescheduling of it as a drug with narcotic benefits and also for the non-smoked form of THC (ACP, 2008). The following year the American Medical Association (AMA) decided to review its stance on the scheduling of marijuana, suggesting under review to place it under the Schedule II controlled substance list. Previously this had been rejected by them based upon the grounds of pending results of further studies conducted to determine the medical benefits of this particular plant (Noonan, 2010). As before mentioned, the AMSA (American Medical Student Association) had already unanimously announced its stand for the rescheduling of the substance back in 1993 (Rosenfeld, 2010). In 2010 the Iowa
  • 34. Medical Marijuana: The Malaysian Perspective 24 Board of Pharmacy joins for making the recommendation of rescheduling marijuana, placing it as a “high potential for abuse” drug but with accepted medical functions (IDPH, 2010). Surprisingly, even with the recommendation by professional and national medical and pharmaceutical associations, the US Attorneys in 2011 decided to send warning letters to officials that implemented medical marijuana cultivation and distribution programs. These states to which the letters were sent to included Arizona, Colorado, Rhode Island, Vermont, New Hampshire, Maine, Washington and even Hawaii (Gardner, 2011). During the same time, the Israeli Health Ministry approved the supply and supervision of marijuana through imports and local cultivation for its usage in medicine and also for research purposes. This comes with the realization of its necessity within the medical world in relation to applicable cases (Israeli Government, 2011). In 2013 the US Court of Appeal once again rejected a challenge for the rescheduling of the marijuana plant and its usages, basing the decision upon the same claimed basis as the Federal Government had; that sufficiently reliable and 'adequate and well-controlled studies' based on the medical efficiency of this drug did not exist (ASA, 2013). It wasn‟t until August of 2013 that the US justice department stated its withdrawal from challenging state marijuana laws. This is as long as it can be determined that an appropriate and strict regulatory system is enforced within the concerning states. Up till 2014 there was a financial and banking exclusion to the newly legal marijuana business. The reason for this was due to the differences between the State and
  • 35. Medical Marijuana: The Malaysian Perspective 25 Federal laws concerning the legality and acceptance of marijuana. This made it impossible for the financial systems to legally participate or incorporate themselves into this new industry. However this was changed early in the year as the industry is very lucrative and in order to establish and enforce appropriate taxes, it became logical to embark on the incorporation of the financial systems into the industry (fincen.com, 2014). Interestingly, it was the South American country of Uruguay at the end of 2013 that has claimed the pioneering status for becoming the first country to fully legally engage and indulge in marijuana on a large scale. Making it available to the citizens with President Jose Mujica, supporting the changes and making clear the purpose for them. A major factor that is eliminated through this reform is the illegal drug trade and its drug traffickers that run the black market business. These traffickers are ruthless and count only profits, leaving the average individual or user in a risky position. Other aspects ensure that marijuana is properly regulated, generates revenue for the country and lastly it helps to gain statistical information among others as the general notion includes the plan of identifying individuals. A main key aspect to the legalization of marijuana remains a solution to illegal drug trafficking and syndicates, as the legal marijuana will be sold cheaper in comparison to the black market prices (Romo, 2014) The legalization of the plant in Uruguay also opens up the possibility for the export industry to grow and flourish as medical marijuana is in short supply. There is a steady
  • 36. Medical Marijuana: The Malaysian Perspective 26 need for it in a world that is slowly recognizing once again its usefulness and capability of improving the quality of life for patients (Reuters, 2013) In the newest poll taken within America in April 2015, the results show that more than half the population is now for the legalization of marijuana at a total of 53%. The Figure 2.2 shows the increase in support according to percentage over the years which has from 1979 till today almost doubled (Ferner, 2015) Figure 2.2 Figure 2.2, reprinted from CBS News Poll via The Huffington Post, 2015
  • 37. Medical Marijuana: The Malaysian Perspective 27 2.3 Medical marijuana: it’s possible effects, legalization benefits and suggested intake methods Resulting non-medical statistical benefits from the legalization of medical marijuana In 2011 a study was published highlighting an interesting statistical observation has been made since the legalization of medical marijuana within relevant states. The study showed that there was a significant drop in fatal car accidents since the legalization took effect. A major attribute to this is linked to a reduction in drunk driving, suggesting that a majority of people prefer the usage of marijuana to alcohol and are switching. The researchers also found that there was no increase of teenage marijuana smoking with the legalization act, and in fact it also decreased the amount of alcohol usage among college aged youths (Szalavitz, 2011) Possible effects of medical marijuana consumption and suggested intake methods According to the WebMD website, reviewed by Arefa Cassoobhoy, MD, MPH, there are several side effects that can result from the usage of medical marijuana. Most of these are short term and will not last long, and include:  Dizziness  Drowsiness  Short-term memory loss  Euphoria While more serious or longer side-effects can result in  Anxiety
  • 38. Medical Marijuana: The Malaysian Perspective 28  Psychosis These effects make it less suitable for particular individuals, who are advised to not engage in this form of medicine and stands to include:  People with heart disease  People with a history of psychosis  Pregnant women Due to these aspects it is best to seek professional medical advice on the applications of medical marijuana and to obtain a medical marijuana card (Harding, 2013). For the best method of intake to avoid any negative effects is here taken from the Medical Marijuana.ca website (Canada) which states the following: “Due to the carcinogenic nature of smoking marijuana we don‟t encourage users to smoke it however we do suggest alternative methods such as vaporizers, tinctures, or cooking and baking.” (Medicalmarijuana.ca, n.d.) According to a new study conducted by the University of Oxford and University of Leeds in 2015, the usage of cannabis does not relate to or cause any increase in risk for the development of psychosis (Shakoor et. al., 2015). These findings disprove this commonly held believe and allows marijuana to further its progress positively with less negativity hindering its developments as being implemented as a safe medication. Another commonly related negative aspect to marijuana usage has been Schizophrenia. This too has been disproven to be a risk factor of marijuana usage.
  • 39. Medical Marijuana: The Malaysian Perspective 29 According to the Havard Medical School and the VA Boston Healthcare system who conducted the study concluded that marijuana usage proved little to no connection to the development of Schizophrenia within individuals (Grohol, 2013).
  • 40. Medical Marijuana: The Malaysian Perspective 30 2.4 Current recognized prescription purposes approved for medical marijuana usage Medical Marijuana currently recognized as a prescription medication for the following (USA, Canada):  Anorexia  Intractable skeletal muscular spasticity  Arnold-Chiari malformation & syringomyelia  Lou Gehrig's disease (Amyotrophic lateral sclerosis, or ALS)  Arthritis  Lupus  Ataxia  Migraines  Cachexia (wasting syndrome)  Multiple sclerosis  Cancer  Muscular dystrophy  Cardiopulmonary respiratory syndrome  Muscle spasms  Causalgia  Myasthenia gravis  Chronic inflammatory demyelinating polyneuropathy  Myoclonus  Crohn's disease  Nail-patella syndrome  DDD – Degenerative Disc Disease  Nausea (including nausea due to medication)  Decompensated cirrhosis  Neurofibromatosis  Dystonia  Neuropathy  Fibromyalgia  Pain  Gerd – Gastroesophageal Reflux Disease  Reflux Disease  Glaucoma  Reflex sympathetic dystrophy
  • 41. Medical Marijuana: The Malaysian Perspective 31  Hepatitis C  Seizure Disorders/Epilepsy  HIV/AIDS  Spasticity  Hospice patients  Spinal cord disease and injury  Hydrocephalus  Sjogren's syndrome  IBS – Irritable Bowel Syndrome  Terminal illness if the physician has determined a prognosis of less than 12 months of life  Interstitial cystitis  Tourettes (denverrelief.com, n.d. & leafly.com, n.d.)
  • 42. Medical Marijuana: The Malaysian Perspective 32 2.5 Alcohol Vs. Tobacco Vs. Marijuana Figure 2.5 Figure 2.5 reprint from wonkblog via Washingtonpost.com, 2015 The graph represents the findings of a comparative study done in 2015: The study clearly highlights the dangers of alcohol at one end of the scale, but on the other hand seems to be a substance that does not carry much relation to the others. This is in respect to the findings and information shown on the lethality of the various substances. This substance is marijuana, and according to the findings of the research published in 2015, it is 144 times less dangerous than alcohol.
  • 43. Medical Marijuana: The Malaysian Perspective 33 Whereas both alcohol and tobacco are within the range of „high risk‟ substances, marijuana falls at the far end of „low risk‟ substances, clearly puting into perspective the differences in risk concerning usage. The calculations used compared the lethal doses of the substance to the amount that a typical person may use (Lachenmeier, Rehm, 2015) “The oral dose required to kill a mouse has been found to be about 40,000 times the dose required to produce typical symptoms of intoxication in man” (Loewe, 1946).
  • 44. Medical Marijuana: The Malaysian Perspective 34 2.6 The application of marijuana in the Islamic world (8th – 19th century) In the Muslim world, cannabis known as hashish (grass) was not known for its medical usage and the methods for the preparation of it was only introduced after the period of the prophet Mohammed (A.D. 570-632). It wasn‟t till Arab scholars translated the written Greek texts of Dioscorides and Galen during the 9th century that they became aware of and familiar with the medicinal properties of marijuana. However, marijuana faced numerous challenges in the Arab regions due to its psychoactive properties. It is well established that alcohol known as Khamr (wine) is exclusively prohibited in the holy Koran as was taught by the prophet. However there is no record of reference to cannabis and its uses was mentioned by Rosenthal (1971). In the 11th century, the Turkish Seljuk, captured Bagdad and the spread of marijuana usage increased in popularity as it was seen as a form of strength for these new rulers who made additional conquests and converts to the Muslim faith, while also countering an invasion of crusaders. By the 12th century the plant had gained a religious affiliation as the Sufis, a branch of Islam, used and suggested the plant for its divine properties (which included appeasing thirst and hunger while inducing joy). Shaikh Haidar, a religious Sufi leader, told his disciples that the “Almighty God has bestowed upon you by a special favor the virtues of this plant, which will dissipate the shadows that cloud your souls and brighten your spirits” as was published by Rosenthal in 1971. Most Sufis were reportedly from the poorer class and had no access to the wine that was commonly used by the upper-class despite the ban of alcohol directly existent in the holy Quran.
  • 45. Medical Marijuana: The Malaysian Perspective 35 Religiously, some Sufis stood by the claim that the herb brought insight, peace and response, expanded consciousness and even resulted in closeness to God. Today it is reportedly not a common or endorsed practice among them, due to several reasons as reported by Khalifa (1975). By the 13th century the usage had spread beyond medical and religious purposes and the use of hashish among the general population of the Islamic world became popular, stretching from Egypt all the way to Spain. During this period of time up till the end of the Ottoman Empire in 1804, the usage of hashish was common within society and the ruling class as well as the oppressed minorities. Whereas one group used it to enhance their pleasure, the latter group used it as a form of escapism from the dreariness of daily life and their state of living. After having faced several challenges religious, social and politically motivated, hashish usage was not openly challenged after the 14th century up until the 19th century. This is even after three of the major schools of Islam had labeled marijuana as another „intoxicant‟ similar to alcohol and naming it illegal for usage within the Muslim faith and any true Sunni Moslem. The forth school however, the Hanafi, claimed that marijuana was not to be labeled the same as „khamr‟ and that using hashish in small amounts or for medical purposes is acceptable, but not for intoxication. As Dixon (1972) placed it, many people of that time had similar ideas concerning hashish and its differences to wine and alcohol in general.
  • 46. Medical Marijuana: The Malaysian Perspective 36 Due to this common understanding and point of view held by the general public, hashish usage among the common Muslim population remained strong for an extensive period of time.
  • 47. Medical Marijuana: The Malaysian Perspective 37 2.7 Medical uses of hashish (marijuana) in the Islamic world Throughout all these centuries, from the first medical discoveries and advantages of the plant till the 19th century when it again became a topic of major dispute, hashish was used extensively as a form of medication within the Arab regions and Islamic world. Its uses had been expanded by Moslem physicians who found more uses for the plant than they had at first discovered in the initial texts. These included the application of marijuana as a medication for the ear, dandruff, dissolving flatulence, epilepsy (al-Razi, 865-925), asthma, gonorrhea, constipation and even as an antidote for poisoning (Rumphius, 1100). It was also used for inducing appetite stimulation (al-Badri, 1251). Information on „History of marijuana in Islam‟ and „Medical uses of hashish in the Islamic world‟ extracted from „Hashish in Islam 9th to 18th century‟ (Nahas, 1982).
  • 48. Medical Marijuana: The Malaysian Perspective 38 2.8 Malaysian law and statistics concerning marijuana Marijuana, as classified under the Laws of Malaysia can be found in Act 234 under the Dangerous Drugs Act 1952. In this act the sentencing for export of raw cannabis is given at no more than 5 years but no less than 3, whereas for possession of raw cannabis is given at no more than 5 years and/or a fine of up to RM 20,000. Planting or cultivation of a cannabis plant can serve a sentence of life imprisonment upon conviction and a minimum of six whippings. Import of cannabis may result in a hefty fine of up to RM 100,000 and/or a prison term of no more than five years. A slightly lesser sentence is reserved for self-administered cannabis users that would see them for up to two years in prison or to a fine of no more than RM 5,000. On the other side of the sentencing scale, however, lies the death penalty. Any individual, whether Malaysian or not, if convicted as a drug trafficker will be condemned to death by the law. In Malaysia, 200g of marijuana is enough to attain the title of a drug trafficker and the penalty of death under Provision 39b of the Dangerous Drugs Act of 1983. It is not an uncommon practice for large scale trafficker to get the death sentence, as The Star reported the case of a 36 year old Thai national that was convicted for „carrying more than 18kg of cannabis‟ (The Star, 2013). The mother of a 10 year old daughter was sentenced to the gallows. However, it does not have to be such an enormous amount. There is one very significant and crucial case from 1991 in relation to this and that must be taken into consideration for it holds high importance to this research paper, as it is on the legal perception of medical marijuana in Malaysia. Kerry Wiley was apprehended on the 4th of November 1989, on marijuana charges. He was an American, a
  • 49. Medical Marijuana: The Malaysian Perspective 39 computer science lecturer, and a young man of 35 years in age, but with a severely painful medical condition. After having fallen of a mountain slope in his youth, he maintained severe pain in his shoulder, a pain that as he found out marijuana helped relieve. Due to a tip off he was accused of mailing himself a packet of marijuana from Thailand, a charge that did not stick but that had the effects of a house search warrant being issued. In his apartment was found 265.7g of marijuana, enough for condemnation to the afterlife. During the trial, Dr. Lester Grinspoon a medical physician came forward in defense of Kerry in relation to his medical need for marijuana. At length he fought his grounds and the results were the first of its sort; the death penalty and drug trafficking charges were reduced to 5 years imprisonment on personal possession charges of the drug, with 10 strokes of the cane; which luckily were never carried out at the possible request made by Dr. Grinspoon to the Prime Minister of that period, Tun Dr. Mahathir (Grinspoon, n.d.). The interesting fact of this case for which the ruling took place on the 17th January 1991 was that personal consumption could only be proven by using medical marijuana as the basis of foundation. If medical marijuana can be accepted in court as a form of medication that relieves pain and other symptoms, with the judgment passed based on this, there is a legal ground upon which a new law may be passed in the future concerning the uses of marijuana for medical purposes in this country. Even as such strict laws and regulations are in force, the number of marijuana users is relatively high as is shown in two separate studies for 2006 and for 2011. In
  • 50. Medical Marijuana: The Malaysian Perspective 40 2006, according to a fact sheet released by UNICEF, Malaysia had 22,811 detected drug users. Ganja aka marijuana was second highest on the list with 23.12% users of the total number, after heroin and morphine which took up a total 60.73%. The latest drug report, as released by the National Anti-Drug Agency (NADA), was for the year 2013 which saw a reduced percentage of overall drug users including a drop in significant numbers for ganja. The report saw a drop to 15.96% in this category, numbering 1,255 individuals out of the total recorded 7864 for that year. In comparison, 2009 saw the detection of 5,207 ganja related individuals, a significantly larger number. Reasons as for this large variance in numbers may be attributed to several factors, not necessarily reflecting the true numbers of users as these are reported individuals actually caught and registered by the authorities. There are no current laws on medical marijuana or on using marijuana for medical purposes in Malaysia.
  • 51. Medical Marijuana: The Malaysian Perspective 41 2.9 The history of marijuana in Malaysia and its current developments 2.9.1 Historical references of marijuana in Malaysia One of the oldest records of marijuana or „ganja‟ to have been made in Malaysia was within the historical manuscript „Hikayat Inderaputera‟. The manuscript that is based on the adventures of the Prince Inderaputera is believed to have been written at the end of the 17th century (Gallop, 2015). According to the findings, ganja was listed as one of the plant species labeled under the section of „herbal plants and food plants‟ mentioned as being found in Malay gardens (Zakaria, Salleh & Rashid, 2013). In 1839 a new paper on the usages of marijuana in medical treatments was presented by O‟Shaughnessy, assistant-surgeon and professor of Chemistry from the Medical College of Calcutta. In this paper he made reference to the observation of “the narcotic effects of Hemp” (in this case referring to Cannabis Indica) being “extensively employed for a multitude of affections” within the “adjacent territories of the Malays” who used it in their popular medicines. In Malaysia, history shows that cannabis was used as traditional medicine in various health aspects. The two most commonly mentioned applications were for the treatment of leprosy and for the relief of asthma. For the treatment of leprosy cannabis was macerated in alcohol together with the plant Hydnocarpus anthelmintica and used as an application to the skin (Hutton, 2014). The treatment was known as „tai foong chee‟. In the 1920‟s the usage of tai foong chee was publicized by The Straits Times, 1927, as a promising medicine for leprosy. It Stated of the its implementation and
  • 52. Medical Marijuana: The Malaysian Perspective 42 successful results observed in the Leper Asylum, Kuala Lumpur, after the trial injections of „Moogrol‟ were rejected by patients due to the resulting pain. It was also recorded that “within Malaysia itself cannabis was used for the relief of asthma by the indigenous natives” and was recorded prior to Malaysia's independence or the British occupation (Gill, Rashid, Koh & Jawan, n.d.). 2.9.2 Tradition and marijuana in Malaysia As relayed by Christian Rätsch in his book „Marijuana Medicine: A World Tour of the Healing and Visionary Powers of Cannabis‟ the usage of cannabis indica was not uncommon to Malaysian traditional healers known as Bomor, pawang or Poyang. Referencing the works of Eliande (1975), he stated the incorporation of the plant into various traditional medicines (Rätsch, 2001). 2.9.3 Drug decriminalization and rescheduling propositions According to Prof Dr Adeeba Kamarulzaman, chairman of the Malaysian AIDS Foundation, it may be necessary to decriminalize drug usage in Malaysia if it wants to achieve the further prevention of the HIV spread. She made clear her stance on this, saying that despite the cultural and religious challenges, the relevant ministries needed to openly deal with the issues. She also stated that there were challenges that need be faced in order to discuss openly “what needs to be done for these groups” (Loh, 2013).
  • 53. Medical Marijuana: The Malaysian Perspective 43 Similarly, in relation to possible decriminalization, the Minister Nancy Shukri of the Prime Minister‟s Department claimed that the governmental enforced policy on drugs was shifting towards seeking treatment for drug users rather than the prosecution of them. She stated that changes in the approach of the authorities towards this matter could result in a general reduction of drug dependants. After the High-Level Panel Meeting on Drug Policy and Public health that was organized by the Global Commission on Drugs in Kuala Lumpur, 2013, she was quoted telling reporters that "instead of looking at drug dependants as criminals, we should look at them as patients. Instead of bringing them to jail, we bring them to the clinic.” (Themalaysianinsider.com, 2013). In 2010 during a Parliamentary session, the then MP Zahrain Mohamed Hashim posed a request for the Malaysian government to conduct studies and look into the rescheduling of cannabis. The request was aimed at the Minister of Home Affairs and was based on the less harmful nature of the plant. However, this request seems to have never been adhered to or granted (Seshata, 2014). 2.9.4 Current efforts for marijuana in Malaysia Recently in 2013 within Malaysia, a combined effort between local cannabis enthusiast groups was made, headed by GENGGAM in collaboratiion with TARGAS,Oh! and Ganja & Malaysia 420 Legalizers. Gathering at the historical city square Dataran Merdeka, they held up a banner and handed out flyers to pedestrians. After being requested to disperse by a polite traffic authority for not having a permit, the
  • 54. Medical Marijuana: The Malaysian Perspective 44 group further collected in numbers rising above 20 and gathered again at the popular shopping mall, The Curve. The movement aimed at educating the public on the benefits of marijuana and its uses, as well as peacefully protesting against the current laws concerned with the plant (The Hemperor's New Clothes, 2013).
  • 55. Medical Marijuana: The Malaysian Perspective 45 2.10 Marijuana related research and surveys Official research into the medical uses of marijuana has been known to be conducted over decades now in countries all over the world. Below are made mention some of these that proved to be significant in relation to this study and in forming appropriate survey questions that it posed to its participants. According to the CBS Poll of 2015 on illegal drugs and marijuana specifically, results from the USA showed that a total of 53% of survey participants were for the general legalization of marijuana. This result is taken from a population whereby a total of 49% of participants had actually tried marijuana and showcases a positive regard in general to the legalization of marijuana. This study was not limited to medical uses and its acceptance but takes it a step beyond that as the medical benefits of marijuana and its implementation has already been recognized within most states of the USA (CBS News Poll, 2015). Instead it stands to show the positive regards attributed to marijuana and the public‟s perception to legalizing it in general. The second study that was found to be appropriate in relation to the research topic was conducted by Wendy Swift at the National Drug and Alcohol Research Centre, University of NSW and was in the regards of establishing experiences and attitudes held by the research sample on the topic of marijuana and its medical uses (Swift, n.d.). In this survey questions were asked as to why users had decided on using marijuana as well as attempting to identify the specific medical conditions to which the participants claimed marijuana had proved affective for. The purpose of the research paper was to indentify and establishing new information concerning Australians and their approach and
  • 56. Medical Marijuana: The Malaysian Perspective 46 perception to medical marijuana and its uses with the intention of using this information to draw appropriate conclusions on the topic and its applicability within Australia. The third research paper related to this topic of study was conducted in 2006 by Douglas in Grenada. This research paper was on the „Use and Abuse among Young People in Grenada‟ specifically on alcohol and marijuana. In this paper were identified general reasons given by the participants on the usage of marijuana. The paper did not specify on the medical aspects of marijuana but aimed to establish the causal aspect for marijuana usage among the survey participants in general. A similar aspect is aimed to be identified among locals within Malaysia and their reasons for having tried marijuana, rendering the survey questions presented to the population in Grenada applicable to the questions posed within this study of the Malaysian perception and contributing factors of marijuana usage locally. The forth research mentionable due to its appropriateness and similarity to this research paper was the Goucher Poll of 2013. In this study it was found that 90% of residents within Maryland, USA, were in support for medical marijuana legalization and usage. This served the purpose of establishing a percentage determining the locals regard to medical marijuana legalization and acceptance within their state; the same intentions as this research paper holds in determining and clearly presenting the perception of the Malaysian public residing in Selangor on the topic of legalization of medical marijuana for potential patients within Malaysia.
  • 57. Medical Marijuana: The Malaysian Perspective 47 2.11 Theoretical Framework There are numerous factors involved in conducting this form of research including legal status, public perception and opinion, politics and religion. In order to effectively do so and to understand the results and questions that need answering, a series of theories and frameworks can be used in order to analyze and organize a research paper of this sort. As the topic revolves not just around the sensitivities of marijuana in general but specifically on medical marijuana, the situations that arise can be much more complicated and sophisticated. This is especially due to the fact that the general form of marijuana is unacceptable in the eyes of the Malaysian law and is classified as a Schedule 1 drug, having gained no recognition for its medical uses and purpose within the stipulation of the law. It is due to this reason that the importance in conducting this research can be seen. Marijuana is a substance that has entered negatively into the legal system on a basis that can be questionable on several aspects including, its benefits having been proven in global studies, an insufficient amount of conducted research on the topic within Malaysia, and its relation to human rights and the right to free will. These can be linked together with the responsibilities taken on by certain recognized and respected professions and professionals within this country who have sworn to protect and serve as best they can in comfort, legal matters, medical advice or prescriptions, as well as on the behalf of an individual. In regards to this, it‟s the doctors, lawyers and judges, and the head of the country, the Prime Minister, who hold the most
  • 58. Medical Marijuana: The Malaysian Perspective 48 influence and the official ability to provide and build a pathway for the progression of medical marijuana in Malaysia or at the least the recognition thereof. This can be established when taking into account their sworn oath of duties to fulfill as best they can their responsibilities and to not eliminate existing information, cases or arguments when deciding on the best course of action to consider. For instance the Hippocratic Oath that as applied by Malaysian doctors, reads as follows (Khoo, 2014): “I swear to fulfil, to the best of my ability and judgment, this covenant: I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow. I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of over- treatment and therapeutic nihilism.” (Lasagna, 1964) This clearly places the responsibilities of a doctor into a category whereby he has obliged himself to do and embrace the methods of proven medicine and medication, not being able to disregard existing evidences when it comes to the matter of a patient‟s health or wellbeing. Even less so if the matter is of greater complications or if disregard
  • 59. Medical Marijuana: The Malaysian Perspective 49 causes potentially more harm or even possible death due to negligence of relevant information existent in regards to medical practices and prescriptions. Over the years, there have been several breakthrough research papers and studies conducted on marijuana that have shown and proven the medical attributes and their potential in regards to helping or healing patients where appropriately applied. Together with these the usage of medical marijuana legally has begun to spread and take root in several countries across the globe with several more following suite or starting their own local based research. Taking into account that the medical benefits have been extensively proven in relation to several medical aspects, it seems like there has been a new, or old, medication to which doctors and patients alike can look towards. According to the oath to which doctors bind themselves, it is their responsibility to look into and test the aspects of any potentially useful medication that is possibly available. Disregarding medical marijuana in the aspects of the Hippocratic Oath results in physicians not adhering or respecting the hard-won scientific gains of others in whose steps they are meant to be following. It also disables them from administering the best or most effective medication to patients in need, robbing these particular patients of their rights to the most effective medication in accordance to their situation or ailment. Similarly the oath undertaken by Muslim physicians states that: “To extend my hand of service to one and all, to the rich and to the poor, to friend and foe alike, regardless of race, religion or colour;
  • 60. Medical Marijuana: The Malaysian Perspective 50 To hold human life as precious and sacred, and to protect and honour it at all times and under all circumstances in accordance with Thy Law; To do my utmost to alleviate pain and misery, and to comfort and counsel human beings in sickness and in anxiety” (Iium.edu.my, n.d.) The second considerable oath that can be linked to the usage and prescription of medical marijuana and marijuana in general is in regards to honesty, legality and the understanding and perception of not just the law but of right and wrong, basing judgments upon facts and evidences. The group that is unable to deny this and who is by profession bound to pass judgment and sentence based upon existent information and evidence given, is found within the judicial system and consists mainly of lawyers and judges. In accordance to the considerations a judge must take into account the fourth rule as provided by the malaysianbar.org website, stating that a judge must decide upon cases with total objectivity in order to reach a just and legally correct solution as far as humanly possible (Booth, 2005). This was seen in practice with the case of the medical marijuana patient Kerry Wiley when the judge decided sentence upon his medical aspects of using marijuana. This case has been mentioned under section 2.8 of the Literature Review, and will also be discussed in further details within section 5.2 of Discussion. In addition for this research, the general theory of free will will be applied and explored in general. As stated by Timothy O´Conner (2013) on this theory, most
  • 61. Medical Marijuana: The Malaysian Perspective 51 philosophers attribute the right to free will based on its effects upon the situation, outcome and the people that are involved, and usually according to established moral responsibilities. This theory would be applicable towards the legalization of medical marijuana in general as there seems to be no moral responsibilities that are broken if the plant proves to be beneficial for certain patients and doctors prescribe it. Therefore the free will and choice should be allowed to rest in the hands of the users. Overall, this has been a very common argument in relation to drug usage by individuals, when there is no harm caused to an outside party, it result in that case establishing further debate on whether the substance causes self-harm, in the case of this research topic, medical benefits. The difference that lies in the legalization of marijuana in general and the case of legalizing medical marijuana is in this; illegalizing marijuana in general and not allowing the people to make their own free choice concerning its usage, basically only takes away something that is not a necessity and purely an argument on free choice and its restriction. The case with medical marijuana is that the people are taken away a source by the authorities that could possibly be the only thing that helps them, essentially escalating the case to not simple restriction, but to a depravation of a medically needed prescription that could change the lives of people for which no other or only less effective alternatives exist. In this regard, it is not merely a question of free will being restricted but instead the restriction lies upon something that is needed, disregardful of its necessity, relating it to a breech in human rights. This leads to the questionability of such actions and laws as every person under the general understanding of human rights should be allowed to
  • 62. Medical Marijuana: The Malaysian Perspective 52 participate freely in actions that benefit them, especially if medically proven and if no harm is caused to any second or third party. Due to this, the theories that will be focused on in this paper are based on the understanding of democracy, Malaysia considering itself to be a democratic country; engaging in general human rights efforts and equality (Nationsonline.org, n.d). One factor of a democratic country is classified by its availability of choice, and whether or not that choice is made available for the people. In an authoritarian country the choice is made by someone in charge and the people are left to follow suit whether agreed upon or not. Another factor is that the population should generally have the vote upon matters as the elected leaders are only representatives of the people (Przeworski, 2003). As provided by the governmental website jpm.gov.my (2014), the responsibilities of the Prime Ministers Department of Malaysia stand to include the following:  “Ensuring that human resources, finances, equipments and infrastructure are sufficient and appropriate at for the respective Departments to carry out their roles and duties effectively.”  “Assisting the public who are having problems with the public administrative machinery for the treatment of recovering and exploit unfounded complaints as being input to government agencies to enhance accountability, quality and productivity of public services.”  “Enhancement of knowledge, expertise, quality and performance of officers in the civil service, statutory bodies
  • 63. Medical Marijuana: The Malaysian Perspective 53 and local authorities that has involved in the fields of judicial, legal and law enforcement to create a fair, efficient and effective service through systematic and planned training.”  “Ensuring the provision, interpretation and dissemination of latest statistics that are of quality, more efficient and effective for the establishment of development planning policy implementation.” These stipulations require the Prime Minister and his department to verify and research any potential measures that could be taken into consideration for the country, public services and the public‟s wellbeing. It also stands to include the making of policies and the responsibility to appropriately train and educate relevant authorities on the update of new found information and research results for which they have been placed in charge of. When taken into the context of medical marijuana, it is the head of the government‟s duty and his department‟s responsibility to adequately address the current stigma and laws that surround it. In line with this, the fact that this topic can‟t and should not be ignored is clearly displayed by the existence of relevant information regarding the usages, regards and recommendations that have been given by the public, professionals and other prominent figures, as well as the legal implementations and public opinion as collected by this survey. In Malaysia, there has been no room made for an alternative in the prospects of using marijuana as a medication which may prove to be a great negativity to an important part of the population.
  • 64. Medical Marijuana: The Malaysian Perspective 54 Another generally supporting theory that will be focused on in a bit more detail in relation to this topic is the Devine Command Theory. This theory states that the perception of good or bad is decided and foretold by God or by the word or books of God (Austin, 2006). This is a very important aspect to take into consideration when undertaking this research topic in Malaysia. The reason for this being that the majority of the Islamic sector consists of Sunni Muslims. This is important to know and understand as Malaysia and its political and legal systems are heavily influenced by the religious segments (Malik, 2012). In the interpretations of the Quran, the Sunni Muslims had classified „khamr‟, literally meaning wine, to be adapted to any other substance that may cause a change in physical or mental state when administered to the body (Nahas, 1982). In this aspect, it becomes a religious obstacle concerned with interpretations on the words given by God in the Quran, and ultimately the power of the government designates the extent of this affecting any potential advancement that medical marijuana may have to offer to this country. If sufficient prove and knowledge exists in order to be able to create a clear and truthful picture of this topic, then it should thus be analyzed and appropriately decided upon without being biased towards or against it. This can be achieved by taking into account the above mentioned theories, oaths and the understanding of the responsibilities held by relevant authorities. It is also important to disregard factors that do not have direct connection or effect upon the situation, such as those that may stand to place the importance of the healthcare and medical system and services made available for patients as a secondary consideration. In this instance these include religion, politics and a lack of education/understanding, which in Malaysia has been proven to be very prominent
  • 65. Medical Marijuana: The Malaysian Perspective 55 influences in the past decision making processes and among most arising situations and cases.
  • 66. Medical Marijuana: The Malaysian Perspective 56 3.0 Survey Methodology The purpose of this research is to examine the perceptions that Malaysians hold on the topic of Medical Marijuana. Marijuana is the most commonly tried illegal drug in the world, and is familiar to most people by at least name (Nolan, 2014). According to the National Anti-Drug Agency (NADA), marijuana is still among the top three most used illegal substances in Malaysia after heroin and morphine, 2013. Using the gathered information on the public‟s perception on this drug and their knowledge concerning its potential usage, a clearer understanding for the future of this plant is hoped to be achieved and to be presented accordingly. The method of establishing this information will be achieved through the release of a public survey. Consisting of 150 voluntary participants it was distributed and collected via online (110 softcopy) and offline (40 hardcopy) means. Using the non-probability convenience sampling method and snow ball effect, the collected data and information was appropriately categorized and organized using the constant comparative technique for qualitative answers (7+1) whereas the quantitative responses (15) were quantified and represented accordingly.
  • 67. Medical Marijuana: The Malaysian Perspective 57 3.1 Research Instrument This paper aims to be the stepping stone of breakthrough information concerning Malaysians and marijuana; the main context focusing on its medical uses and its potential in Malaysia. This will be achieved through the accumulation of useful information, collected via a public survey, gathered from the public and citizens residing in the state of Selangor. This chosen population will serve as the focus group for the purpose of this research paper. The information and opinions by participants were collected via survey of 150 voluntary respondents, primarily softcopy based online with 110/150 participants, while 40/150 of them participated via hardcopy distributed in the SEGi University campus, KD, Selangor. The method chosen for conducting this study and attaining the needed information is through the usage and implementation of a single survey. It incorporates a series of close-ended quantitative and open-ended qualitative questions that will aim at gaining specific knowledge and information, perception and opinions, as well as levels of acceptance and support on the topic of medical marijuana and its legalization in Malaysia. These qualitative questions are straightforward `yes or no` based or multiple choice questions offering the possibility of more than just one answer. A number of these require the participant to elaborate or state the reasons for choosing that particular answer; this being done to attain a clearer perception and understanding of the respondent‟s angle on the topic and on the various parts that the survey touches on. In total the survey contains 15 quantitative questions of which 7 have qualitative attributes that focus on determining the level of understanding the question as well as to
  • 68. Medical Marijuana: The Malaysian Perspective 58 gain insight as to why that particular answer was opted for. An additional question of qualitative nature is incorporated at the beginning of the survey serving the purpose of determining the basic level of comprehension between respondents on what they understand/know about medical marijuana or the topic thereof. This question is not counted as part of the overall 15 questions as it does not seek to test any particular statistical aspect, but instead offers the participants the opportunity to explain their understanding and regard to the topic. This provides a clearer idea of the difference in the mindset and level of understanding of the respondents. The survey can therefore be segregated into 3 parts according to respondent relevance, with the first being the Introductory Question whereby all respondents are required to provide a brief assessment of what they understand, perceive or know about medical marijuana in general. The second part according to participant relevance is refined to the user group only, here defined as respondents that have previously tried marijuana or are currently still engaging its usage, and includes the questions 2 to 7. The third part of the survey according to relevance includes all participants and includes the questions 1, 2 and 8 to 15. Similarly there are 3 sub-categories that can be identified, the first being on maijuana in general and includes the questions 1 to 9. The second section is concerned with medical marijuana in general and includes the questions 10 to 13. The last identifiable sub-section is concerned specifically with marijuana in regards to Malaysia.
  • 69. Medical Marijuana: The Malaysian Perspective 59 3.2 Objective of survey questions The survey questions can be split into 3 categories in regards to their objectivity. These are as follows; Category 1 - Questions that touch on general information used for assessing and determining the perception towards medical marijuana and marijuana in general according to usage and legality. Questions include:  Introductory Question  Questions 2 to 5, 11, 13 & 14 Category 2 – Questions regarding marijuana specifically, its medical benefits, usage purposes and the perception held towards it in regards to addressing Research Question 1 Questions include:  Questions 1, 6 to 10 & 12 Category 3 – Questions regarding the possible legalization of medical marijuana within Malaysia according to survey respondents in regards to addressing Research Question 2 Questions include:  Question 15
  • 70. Medical Marijuana: The Malaysian Perspective 60 3.3 Research Sample Malaysia as a country is made up of fourteen individual states, with the capitol city of Kuala Lumpur located within the region of the Klang Valley. The Klang valley comprises of the two states of Selangor and the Federal Territory. The Federal Territory is surrounded by the state of Selangor which holds several important attributes making it of great importance economically, socially and politically, including the (Geographia.com, n.d.);  Largest economy in terms of GDP  Most developed with good infrastructure  Lowest poverty rate  Largest population in Malaysia (Heritage.org, n.d.) These factors are important in considering the research sample in various aspects. The main reason being that the topic of research is for the further development and possible implementation of alternative medication, a discussion appropriate and relevant for the scene of a progressive and fast developing state that is capable of focusing its energy into the newest, fastest and safest developmental aspects of socially important industries, including the medical and healthcare system meant for the people. It also focuses on the society‟s perception and attitude towards marijuana, a Schedule 1 drug. The effects of this status results in the topic being controversial and difficult to discuss and research, leaving few opportunities for its status to be reviewed and reconsidered, targeting the generally most developed and progressive population of a nation ensures that the results of studies and research are not ignored or dismissed as being of less significance. A developed state with a good economy allows progression for new
  • 71. Medical Marijuana: The Malaysian Perspective 61 research and ideas to be put forward which allows the country to further develop itself in the aspects social, political and internationally. The research sample for this study will therefore consist of residents living in Selangor, specifically Malaysian and over the age of 18. The focus is kept on Malaysians as it is in their power to decide upon considerable change, acceptance or denial when concerned with matters of Malaysian law and practice. Therefore it is of great importance for the credibility and compatibility of the study to be of direct relation to the citizens of the country. The age group will include the ages 18 and above, ranging from young adults onwards as they will be the most likely to have experienced or encountered, personally or through other means, the topic of marijuana and its medical benefits. The age 18 was also chosen due to the following factors; The Age of Majority Act 1971, Malaysia, clearly states: „the minority of all males and females shall cease and determine within Malaysia at the age of eighteen years and every such male and female attaining that age shall be of the age of majority‟ 18 is also the legal age for; - Cigarette purchase and smoking - Alcohol purchase - „the religion and religious rites and usages of any class of persons within Malaysia‟ (Age of Majority Act 1971)
  • 72. Medical Marijuana: The Malaysian Perspective 62 - Marriage, unless concerning a Muslim girl (age 16) and approved by the Syariah Court (Azizan 2013) - Legal consent for decision making regarding personal medical treatments (Zainudin, Rahim & Roslan, 2013) Demographic table for survey participant categorization Table 3.3: Sampling criteria Age Sex Nationality State of residence Occupation Student of 18≤ Male Malaysian Selangor Student Current University Female Working Non-working
  • 73. Medical Marijuana: The Malaysian Perspective 63 3.4 Method of survey distribution and collection As afore mentioned, the survey distribution commenced via the usage of two separate media types using two separate platforms. The first and more extensively used media was digital, utilizing and focusing on the social network „Facebook‟ as the main platform to spread the survey online. This was done using the non-probability convenience sampling method, whilst promoting the snowball effect of encouraging second and third parties to further spread the survey reach in order to attain a higher participation number. This proved to be successful and effective as most initial respondents reacted positively to sharing the survey link to their peers and others. The application used to create the online survey version was Google Forms, allowing the link to the survey to be copied and pasted, significantly simplifying the method of widely distributing the survey online. In total 110 (one hundred and ten) responses were achieved and collected over a two month period via the online platform between the dates 14th October 2014 – 14th December 2014. The second method of handing out hardcopies also employed the non-probability convenience sampling approach whilst also promoting the use of the snowball effect, whereby respondents were allowed and encouraged to further pass on survey forms to individuals after having participated themselves. In total, 40 (forty) respondents were collected via this method bringing the collective total of online and offline responses that fall within the stipulated research sample to a 150 (one hundred and fifty). As both media for distribution and collection are based on non-probability sampling methods, it allows and encourages any voluntary person to participate in the
  • 74. Medical Marijuana: The Malaysian Perspective 64 survey with no hindrance. The collectively collected data was then combined and sorted using Microsoft Excel. The results were categorized and analyzed according to the respondents answers; quantitative data being quantified, categorized and presented in the form of tables, pie charts and bar charts whereas the qualitative answers were categorized using the constant comparative technique, are presented in the forms of tables whereby categories are set based upon common answers or the understanding that respondents had of the question. For qualitative answers, pie charts and bar charts are also incorporated into the presenting of the collected data where appropriate and relevant. All collected information is anonymous, private and confidential with participation being voluntary with being unbiased towards gender, race, religion, occupation and social status.