Myanmar's replacement drug law keeps prison for cannabis possession

Myanmar’s replacement drug law of January 1993 kept cannabis possession and growing punishable with five to ten years in prison and a possible fine. It also treated possession of at least 75 grams of cannabis or cannabis essence as possession for sale, bringing a heavier prison range.

The military government replaced the earlier drug law

The State Law and Order Restoration Council enacted the law on 27 January 1993. It repealed the 1974 drug law, while allowing earlier rules and orders to continue where they were consistent with the replacement.

One stated objective was implementing the UN convention against drug trafficking, which Myanmar had joined in 1991. The law combined criminal offences with treatment, rehabilitation, financial investigations and control over property linked to drugs.

Keeping cannabis could become possession for sale

The definition of a narcotic drug expressly included the cannabis plant and substances derived or extracted from it. The ordinary offence covered growing, possession, transport and transfer, with five to ten years in prison and a possible fine.

At 75 grams, the law deemed cannabis, cannabis essence or their combined weight to be held for sale. The same presumption applied to transporting or transferring that quantity. Possession for sale carried at least ten years, with no upper limit stated in the penalty clause.

Production, distribution, sale, import and export carried at least fifteen years, again without a stated upper limit, or death. The quantity rule therefore mattered to which offence the holder faced. It gave no legal allowance for keeping a smaller amount.

Treatment registration had a prison penalty

A drug user had to register at a prescribed place or recognised medical centre for treatment. Failing to register, or failing to follow the health ministry’s treatment directions, carried three to five years in prison.

The law also directed ministries to provide rehabilitation, livelihood training and aftercare. Its treatment route operated alongside the offences for possessing and supplying the substance.

There were exceptions for authorised research, production and medical work, and for permitted use, possession or transport under a registered practitioner’s direction. These depended on ministry consent and the conditions set for the activity.

The registration offence changed twenty-five years later

The 2018 amendment removed the registration prison offence and introduced a process involving assessment, treatment orders and community service. It also raised the cannabis quantity presumed to be for sale to 100 grams. The separate possession offence remained, keeping prison central to Myanmar’s cannabis controls.^[1][2]