Malaysia Approves Nicotine Legalization, Amends Poisons Act 1952

On April 4th, according to Malaysian newspaper "The New Straits Times", the Malaysian government has decided to approve amendments to the Poison Act 1952, which will allow for the legalization of products containing nicotine. Prime Minister Anwar Ibrahim has pledged that the Tobacco Products and Smoking Control Act 2022 (GEG Act) will be submitted to the Lower House of Parliament in May to ensure comprehensive regulation of nicotine-containing products.

Banning e-cigarettes is a controversial move.

Anwar Ibrahim | Image source: Official Twitter

Prime Minister Anwar Ibrahim said that although raising awareness about smoking is necessary, banning e-cigarettes and traditional cigarettes is seen as a radical action.

During the "Prime Minister's Question Time," he informed the media that while he agrees with the opinions of experts, it is challenging for the government to prohibit nicotine-containing products.

He said, "Personally, I do not support smoking or using e-cigarettes, but a consumption tax has been implemented on nicotine-containing products (liquid or gel) because (the use of e-cigarettes) is too rampant.

Anwar also expressed his understanding of the Islamic scholars in Malaysia who prohibit smoking, but tobacco use is still widespread, which is the reason for the government introducing a consumption tax.

He believes that implementing a consumption tax may seem mild, but it can help reduce smoking habits among both young and elderly individuals.

Legislation governing the regulation of electronic cigarettes will be submitted to parliament next month.

The Malaysian Ministry of Health has recently approved amendments to the 1952 Poisons Act, which now allows for the use of nicotine in "liquid or gel form for electronic cigarettes and vaporization devices." This paves the way for the legalisation of nicotine-containing products that can be taxed.

Zaliha Mustafa, the Minister of Health, has stated that the exemption of nicotine in the bill is consistent with the 2023 government budget, which imposes a consumption tax on e-cigarette products containing nicotine (in liquid or gel form).

Minister of Health Zaliha Mustafa | Photo source: Facebook

According to Zalihar, the tax levied on nicotine-containing products falls under the category of consumption tax and is regulated by the Consumption Tax Law of 1976 (Law No. 176).

Prime Minister Anwar has pledged that the "2022 Tobacco and Smoking Control Act" (GEG Act) will be submitted to the lower house of parliament in May to ensure comprehensive regulation of products containing nicotine.

Anwar said that the implementation of the bill has been delayed due to negative feedback from several Members of Parliament (MPs) in the past.

However, we will not be cancelling the bill and will proceed with its submission in May, after taking into consideration all viewpoints and opinions.

At the same time, Anwar stated that the government will consider returning 50% of the newly implemented consumption tax to the Ministry of Health to assist in the restoration of funds for the healthcare sector amidst the COVID-19 pandemic.

Further reading:

Malaysia plans to remove nicotine from its "poison act" or pave the way for taxing e-cigarettes.

The Malaysian National Poison Centre has rejected the proposal to remove nicotine from e-cigarettes, leading to a temporary suspension of the agenda to legalize them.

The Malaysian Electronic Cigarette Retail Association has expressed its approval for the removal of nicotine regulation and stated that further research is needed on the Generation End Game (GEG) proposal.

The Malaysian Health Minister has mandated an amendment to the "Poisons Act" to pave the way for the legalization of electronic cigarettes.

Malaysia imposes a consumption tax of RM 0.4 per milliliter on e-cigarette liquid, manufacturers are required to register by April 30th.

References:

The amendment to the Poisons Act 1952 aims to control the widespread sale of electronic cigarettes or vapes.