Amendment to Poisons Act 1952: Legalising Nicotine-Laced Products to Curb Rampant Vape Sale

The rampant sale of vape products in Malaysia has been a concern for a long time. The government’s recent approval of an amendment to the Poisons Act 1952 to allow for the legalisation of nicotine-laced products is a significant step towards curbing this issue. This move will not only help reduce the sale of vape products but also ensure that the government can regulate and tax these products.

The Government’s Decision

Prime Minister Datuk Seri Anwar Ibrahim has been vocal about his stance on smoking and vaping. While he believes that increasing awareness about the harmful effects of smoking is necessary, he also thinks that the banning of vapes and cigarettes is not the right solution. According to him, it is difficult for the government to prohibit nicotine-laced products at present.

The excise duty on liquid or gel products containing nicotine used for electronic cigarettes and vaping was implemented as it was too rampant. This mild approach can reduce the smoking habit among the young and old, said the Prime Minister during the prime minister’s question time in Dewan Rakyat.

The Amendment to Poisons Act 1952

The Health Ministry recently approved an amendment to the Poisons Act 1952 to remove nicotine from the list of poisons. This paved the way for the legalisation of nicotine-laced products, allowing them to be taxed. The exemption of nicotine in the Act is in line with the 2023 Budget, where the government would impose an excise duty on liquid or gel products containing nicotine used for electronic cigarettes and vaping.

Moreover, liquid or gel containing nicotine to smoke through electronic cigarettes or electronic vaporisation devices is now an excise duty item and controlled under the Excise Act 1976 (Act 176). This step will ensure that the government can regulate and control the sale of these products.

Control of Tobacco Products and Smoking Bill 2022

Anwar promised that the Control of Tobacco Products and Smoking Bill 2022 will be tabled in Dewan Rakyat next month to ensure comprehensive control over nicotine-laced products. However, the implementation of the bill was delayed as it received negative feedback from many members of parliament (MP).

“There were a lot of disagreements pertaining to the matter along with questions raised on the excise duty. However, we will not cancel the bill and will continue to present it (in May) after taking into account all views and opinions,” said the Prime Minister.

Return of Excise Duty to the Health Ministry

The government has decided to return 50% of the excise duty on nicotine-laced products to the Health Ministry to help with the recovery of the health industry. This step shows the government’s commitment to improving the healthcare system in the country.

Conclusion

The government’s decision to legalise nicotine-laced products and impose an excise duty on them is a significant step towards curbing the sale of vape products in Malaysia. This move will not only help regulate and control the sale of these products but also ensure that the government can tax them. The implementation of the Control of Tobacco Products and Smoking Bill 2022 will further ensure comprehensive control over nicotine-laced products.

FAQs

  • What is the Poisons Act 1952?
    The Poisons Act 1952 is an Act of Parliament in Malaysia that regulates the possession, manufacture, and sale of poisons.

  • Why was nicotine removed from the list of poisons in the Poisons Act 1952?
    Nicotine was removed from the list of poisons in the Poisons Act 1952 to pave the way for the legalisation of nicotine-laced products to allow it to be taxed.

  • What is the Control of Tobacco Products and Smoking Bill
    The Control of Tobacco Products and Smoking Bill 2022 is a bill that aims to ensure comprehensive control over nicotine-laced products.

  • What is the excise duty on nicotine-laced products?
    The excise duty is a tax imposed on liquid or gel products containing nicotine used for electronic cigarettes and vaping.

  • How will the amendment to the Poisons Act 1952 help curb the sale of vape products in Malaysia?
    The amendment to the Poisons Act 1952 will help regulate and control the sale of nicotine-laced products, including vape products. It will also allow the government to impose an excise duty on these products, which can discourage their use.