Medico-ethical Considerations for Legalisation of Medicinal Cannabis in Malaysia

There is an abundance of international studies that have lauded the benefits of medicinal cannabis for various illnesses. Likewise, local studies on cannabis in Malaysia that initially revolve around the harmful effects of cannabis misuse are increasingly shifting towards the benefits of medicinal use. Pursuant to scientific discovery of the medicinal benefits of cannabis, a myriad of literature begins to focus on the legality of utilising cannabis for medicinal purposes. Whilst many countries around the world, some of those including South East Asia countries have legalised medicinal cannabis, Malaysia is still lagging behind. As of now, there is no local study focusing on the legalisation of medicinal cannabis, leaving a gap in providing a reference to Malaysia's way forward on this issue. Under the current legislative regime, the use of cannabis is prohibited under the Dangerous Drugs Act (DDA) 1952 [Act 234]. However, the recent case of Muhammad Lukman Mohamad has sparked national interest that triggered calls for decriminalisation and legalisation of cannabis for medical reasons. Following these calls, it is pertinent to examine and critically analyse the medical, ethical, and legal considerations on the legalisation of medicinal cannabis in Malaysia. Such consideration is deemed necessary to protect the health and safety of patients. This research adopts an exploratory research design and employs a qualitative research approach in examining medical, ethical, legal, and theological considerations towards the legalisation of medicinal cannabis. Comparative legal analysis covers substantive and procedural components of jurisdictions in selected countries that have legalised medicinal cannabis such as the United Kingdom (UK), Canada, and Thailand. Examination of medico-ethical considerations is done using Biomedical Ethics Theory and Philosophical Theory. These considerations provide a comprehensive analysis of the legalisation of medicinal cannabis in Malaysia that will contribute to the current body of knowledge. This research proceeds to make several recommendations deemed relevant towards the legalisation of medicinal cannabis in Malaysia