KUALA LUMPUR (Dec 16): An electronic cigarette or vape seller in Kelantan was charged in the Kota Baru Magistrate's Court yesterday with unlawful possession of nicotine, believed to be the first case against vaping in the country.

Utusan Malaysia reported that Muhd Azahar Shafi'i, 27, pleaded not guilty to charges of possessing 518ml of liquid nicotine without approval or authorisation at the Wakaf Che Yeh wholesale market in Kota Baru at 11.15pm on November 5.

He was charged under Section 9(1) of the Poisons Act 1952 and punishable under Section 32(2) of the same Act which provides for a maximum prison sentence of one year or a maximum fine of RM3,000 or both.

Nicotine is classified as a Group C Poison that, under the law, can only be sold as “dispensed medicine”.

The charge was read out by deputy public prosecutor Siti Hajar Alias while the accused was represented by a counsel.

Siti Hajar suggested that bail be set at RM3,000 with one surety.

Magistrate Mohamad Nasruddin Mohamed decided on bail of RM2,000 with one surety and fixed the case for mention on January 14 next year.

Azahar was released after paying the bail.

The Health Ministry last month warned that sales of vape liquid containing nicotine should only be done by a licensed pharmacist and a registered medical practitioner.

Its director-general Datuk Dr Noor Hisham Abdullah said that according to the Poisons Act, 1952, sales of nicotine by any one other than a licensed pharmacist or medical practitioner, is considered against the law.

Johor, however, has decided to prohibit the sale of vaporisers and fluids in the state. The state government reportedly said the ban will be enforced from next month.