Section 39A
Section 39A
Every person found guilty of an offence against this Act where the subject matter of the offence is—
(a)
2 grammes or more but less than 5 grammes in weight of heroin;
(b)
2 grammes or more but less than 5 grammes in weight of morphine;
(c)
2 grammes or more but less than 5 grammes in weight of monoacetylmorphines;
(d)
a total of 2 grammes or more but less than 5 grammes in weight of heroin, morphine and monoacetylmorphines or a total of 2 grammes or more but less than 5 grammes in weight of any two of the said dangerous drugs;
(e)
5 grammes or more but less than 15 grammes in weight of cocaine;
(f)
20 grammes or more but less than 50 grammes in weight of cannabis;
*NOTE—Previously “two thousand ringgit” and “one year imprisonment”–see Dangerous Drugs
(Amendment) Act 1973 [Act A194].
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(g)
20 grammes or more but less than 50 grammes in weight of cannabis resin;
(h)
a total of 20 grammes or more but less than 50 grammes in weight of cannabis and cannabis resin;
(i)
100 grammes or more but less than 250 grammes in weight of raw opium;
(j)
100 grammes or more but less than 250 grammes in weight of prepared opium;
(k)
a total of 100 grammes or more but less than 250 grammes in weight of raw opium and prepared opium;
(l)
250 grammes or more but less than 750 grammes in weight of coca leaves;
(m)
5 grammes or more but less than 30 grammes in weight of 2-Amino-1-(2, 5-dimethoxy-4methyl) phenylpropane;
(n)
5 grammes or more but less than 30 grammes in weight of
Amphetamine;
(o)
5 grammes or more but less than 30 grammes in weight of 2, 5-Dimethoxyamphetamine (DMA);
(p)
5 grammes or more but less than 30 grammes in weight of
Dimethoxybromoamphetamine (DOB);
(q)
5 grammes or more but less than 30 grammes in weight of 2, 5-Dimethoxy-4-ethylamphetamine (DOET);
(r)
5 grammes or more but less than 30 grammes in weight of
Methamphetamine;
(s)
5 grammes or more but less than 30 grammes in weight of 5-Methoxy-3, 4-Methylenedioxyamphetamine (MMDA);
Dangerous Drugs 53
(t)
5 grammes or more but less than 30 grammes in weight of
Methylenedioxyamphetamine (MDA);
(u)
5 grammes or more but less than 30 grammes in weight of
N-ethyl MDA;
(v)
5 grammes or more but less than 30 grammes in weight of
N-hydroxy MDA;
(w)
5 grammes or more but less than 30 grammes in weight of
N-methyl-1-(3, 4-methylenedioxyphenyl)-2-butanamine
(x)
5 grammes or more but less than 30 grammes in weight of 3, 4-Methylenedioxymethamphetamine (MDMA);
(y)
5 grammes or more but less than 30 grammes in weight of
Paramethoxyamphetamine (PMA);
(z)
5 grammes or more but less than 30 grammes in weight of 3, 4, 5-Trimethoxyamphetamine (3, 4, 5-TMA); or
(za) a total of 5 grammes or more but less than 30 grammes in weight of any combination of the dangerous drugs listed in paragraphs (m) to (z), shall, instead of being liable to the punishment provided for that offence under the section under which the person has been so found guilty, be punished with imprisonment for a term which shall not be less than two years but shall not exceed five years, and he shall also be punished with whipping of not less than three strokes but not more than nine strokes.
(2)
Every person found guilty of an offence against this Act where the offence is not punishable with death and where the subject matter of the offence is—
(a)
5 grammes or more in weight of heroin;
(b)
5 grammes or more in weight of morphine;
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(c)
5 grammes or more in weight of monoacetylmorphines;
(d)
a total of 5 grammes or more in weight of heroin, morphine and monoacetylmorphines or a total of 5 grammes or more in weight of any two of the said dangerous drugs;
(e)
15 grammes or more in weight of cocaine;
(f)
50 grammes or more in weight of cannabis;
(g)
50 grammes or more in weight of cannabis resin;
(h)
a total of 50 grammes or more in weight of cannabis and cannabis resin;
(i)
250 grammes or more in weight of raw opium;
(j)
250 grammes or more in weight of prepared opium;
(k)
a total of 250 grammes or more in weight of raw opium and prepared opium;
(l)
750 grammes or more in weight of coca leaves;
(m)
30 grammes or more in weight of 2-Amino-1-(2, 5-
dimethoxy-4-methyl) phenylpropane;
(n)
30 grammes or more in weight of Amphetamine;
(o)
30
grammes or more in weight of 2,
Dimethoxyamphetamine (DMA);
(p)
30
grammes or more in weight of
Dimethoxybromoamphetamine (DOB);
(q)
30 grammes or more in weight of 2, 5-Dimethoxy-4-
ethylamphetamine (DOET);
(r)
30 grammes or more in weight of Methamphetamine;
Dangerous Drugs 55
(s)
30 grammes or more in weight of 5-Methoxy-3, 4-
Methylenedioxyamphetamine (MMDA);
(t)
30
grammes or more in weight of
Methylenedioxyamphetamine (MDA);
(u)
30 grammes or more in weight of N-ethyl MDA;
(v)
30 grammes or more in weight of N-hydroxy MDA;
(w)
30 grammes or more in weight of N-methyl-1-(3, 4-
Methylenedioxyphenyl)-2-butanamine;
(x)
30
grammes or more in weight of 3,
Methylenedioxymethamphetamine (MDMA);
(y)
30
grammes or more in weight of
Paramethoxyamphetamine (PMA);
(z)
30
grammes or more in weight of 3,
4,
Trimethoxyamphetamine (3, 4, 5-TMA); or
(za) a total of 30 grammes or more in weight of any combination of the dangerous drugs listed in paragraphs (m) to (z), shall, instead of being liable to the punishment provided for that offence under the section under which the person has been so found guilty, be punished with imprisonment for *life or for a term which shall not be less than five years, and he shall also be punished with whipping of not less than **ten strokes.