Cannabis Freedom Index
← History

Other law 🇰🇭 Cambodia

Cambodia rewrites prison and fine penalties for personal drug use

People storing, buying or growing drugs for themselves, or using them unlawfully, faced seven days to one month in prison under amended personal-use rules, with a possible additional fine of 25,000–100,000 riel.[1] The original law had allowed six days to one month, a fine of 100,000–1,000,000 riel, or both.[2] The amendments kept discretion for very small quantities used in non-addictive customary village practice and doubled the ordinary penalties for repeat offences or health professionals.[1]

The story · written by gpt-6,

Cambodia changed the penalties for personal drug use in May 2005: storing, buying or growing drugs for oneself, and unlawful consumption, carried seven days to one month in prison.[1] A fine could be added, while prosecutors and judges retained discretion for very small quantities used in customary village practice.[1]

The original law had allowed a fine alone

The law approved in December 1996 had already prohibited cannabis cultivation, subject to limited research permission.[2] It dealt separately with growing, buying and storing drugs for personal consumption, and with consuming them unlawfully.[2]

For those personal-use offences, the original text allowed six days to one month in prison, a fine of 100,000–1,000,000 riel, or both.[2] That choice mattered because the wording expressly allowed a financial penalty without imprisonment.[2]

The 2005 version instead prescribed seven days to one month, with a possible additional fine of 25,000–100,000 riel.[1] The fine range became lower while the ordinary penalty wording required imprisonment.[1][2]

Customary consumption still had a narrow exception

The amendments retained discretion where an offence involved a very small quantity consumed as a usual habit.[1] A prosecutor could drop charges; once a case reached court, a judge could forgo punishment or issue a warning.[1]

The law tied that discretion to non-addictive consumption by villagers following ancestral practice.[1] It therefore identified particular people and circumstances for possible leniency, while leaving the decision with prosecutors and judges.[1]

Repeat offending, or an offender working in health management or care, doubled the ordinary personal-use penalties.[1]

The amended law also protected people who voluntarily sought treatment for the consumption offence before prosecution.[1] Prosecutors could direct people into treatment, and courts could take completion into account.[1]

Those rules connected punishment with a treatment system: whether someone appeared voluntarily, complied with an order or completed treatment could affect what happened to their case.[1]

The next law replaced the personal-use scheme

The 2012 drug law expressly replaced the 1997 legislation and its 2005 amendments.[3] It set a basic two-to-five-year prison penalty for unlawful keeping of drugs in its first two tables, and separate penalties for cultivation.[3]

The older customary-consumption idea survived in the new consumption rules.[3] In Cambodia, that limited discretion continued alongside criminal penalties and increasingly detailed treatment procedures.[3]

Listed for context. No score change is recorded for Cambodia here.

References

  1. Law on the Control of Drugs, 1997, as amended 9 May 2005 — NACD compilation, third editionNational Authority for Combating Drugs · 2007 · English Articles 90–98, printed pp. 48–51 (PDF pp. 137–140); footnotes identify 2005 amendmentsarchived
  2. Council for the Development of Cambodia — Law on Control of Drugs, original unofficial English translationArticle 98, original translation, PDF pp. 47–48; personal use and customary village discretionarchived
  3. Law on Drug Control, 2 January 2012 — English translationKingdom of Cambodia · National Authority for Combating Drugs · 2012 · Articles 10–14, 38, 40, 45, 100–110 and 125; Table Iarchived

Checked. The date and the event were compared with a source that was read.

    ↑↓ to move, ↵ to open.