| 33.—(1) Except as provided in subsection (3B), (4A), (4B) or (4C) or under section 33A, the Second Schedule has effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this Act are punishable on conviction. [30/2012; 1/2019] [Act 12 of 2023 wef 01/06/2023] (2) In relation to an offence under any provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) —| (a) | the third, fourth and fifth columns show, respectively, the punishments to be imposed on a person convicted of the offence according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug, except as otherwise provided in paragraph (b); | | (b) | the sixth column shows the punishments to be imposed on a person convicted of the offence where the offence was committed —| (i) | in the case of unauthorised manufacture, in relation to such specified controlled drug as is mentioned in the second column; and | | (ii) | in the case of unauthorised traffic, import or export or possession, in relation to a specified quantity of such controlled drug or to a controlled drug (except opium) containing such quantity of morphine or diamorphine as is mentioned in the second column; and [Act 12 of 2023 wef 01/06/2023] |
| | (c) | the seventh column shows the punishments to be imposed on a person convicted of the offence whether or not the offence was committed in relation to a controlled drug and, if it was so committed, irrespective of the nature of the drug. |
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| (3) In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished. [15/2010] |
| (3A) Any person convicted of an offence under section 8(b), 31(2) or 31A(2) that is committed on or after 1 April 2019 shall on conviction be punished with imprisonment for a term of not less than one year but not more than 10 years and shall also be liable to a fine not exceeding $20,000, unless the person is punished under subsection (4), (4AA) or (4AB) or section 33A (as the case may be) for that same offence. [1/2019] |
(3B) If a person —| (a) | has a previous conviction under section 8(a) or 11I(1)(a); and [Act 12 of 2023 wef 01/06/2024] | | (b) | is convicted of an offence under section 8(a) that the sixth column of the Second Schedule specifies is subject to this subsection, |
| that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000. |
[Act 12 of 2023 wef 01/06/2023] |
| (3C) Any person convicted of an offence under section 11I(1)(b) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both, unless the person is punished under subsection (3D) for that same offence. [Act 12 of 2023 wef 01/06/2024] |
(3D) If a person —| (a) | has —| (i) | a previous conviction under section 8(b), 11I(1)(b), 31(2) or 31A(2); | | (ii) | a previous admission under section 34(2) to an approved institution; or | | (iii) | a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and |
| | (b) | is convicted of an offence under section 11I(1)(b), |
| that person shall on conviction be punished with imprisonment for a term of not less than 3 years and not more than 10 years. |
[Act 12 of 2023 wef 01/06/2024] |
| (4) If any person who has a previous conviction under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. [1/2019] |
(4AA) If a person —| (a) | has —| (i) | a previous conviction under section 11I(1)(b) or 31A(2); [Act 12 of 2023 wef 01/06/2024] | | (ii) | a previous admission under section 34(2) to an approved institution; or | | (iii) | a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] |
| | (b) | is convicted of an offence under section 8(b) or 31(2), being an offence which is committed on or after 1 April 2019, |
| he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. |
[1/2019] |
(4AB) If a person —| (a) | has —| (i) | a previous conviction under section 8(b), 11I(1)(b), 31(2) or 31A(2); [Act 12 of 2023 wef 01/06/2024] | | (ii) | a previous admission under section 34(2) to an approved institution; or | | (iii) | a previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972; and [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] |
| | (b) | is convicted of an offence under section 31A(2), being an offence which is committed on or after 1 April 2019, |
| he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence. |
[1/2019] |
| (4AC) A certificate purporting to be signed by an officer authorised by the Commissioner of Prisons and purporting to relate to a person’s previous admission to an approved institution under this Act is admissible in evidence in any proceedings under this section, on its production by the prosecution without proof of signature. [1/2019] |
(4AD) A certificate —| (a) | purporting to be signed by the registrar for the subordinate military courts, or the registrar for the Military Court of Appeal, appointed under section 82(5)(c) of the Singapore Armed Forces Act 1972; and | | (b) | purporting to relate to a person’s previous conviction for an offence of consumption of a controlled drug or psychoactive substance under section 34 of the Singapore Armed Forces Act 1972, [Act 12 of 2023 wef 01/06/2023] [Act 12 of 2023 wef 01/06/2024] |
| is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature. |
[1/2019] |
| (4AE) The certificate mentioned in subsection (4AC) or (4AD) is, until the contrary is proved, evidence of the matters contained in it. [1/2019] |
(4A) Where —| (a) | any person is convicted of an offence under section 5(1), 7, 11F(1) or 11H(1); and [Act 12 of 2023 wef 01/06/2024] | | (b) | that person is again convicted of an offence under section 5(1) or 7, |
| that person so convicted shall be punished with — |
| (c) | in relation to a Class A drug —| (i) | imprisonment for a term of not less than 10 years and not more than 30 years; and | | (ii) | not less than 10 strokes and not more than 15 strokes of the cane; |
| | (d) | in relation to a Class B drug —| (i) | imprisonment for a term of not less than 6 years and not more than 30 years; and | | (ii) | not less than 6 strokes and not more than 15 strokes of the cane; and |
| | (e) | in relation to a Class C drug —| (i) | imprisonment for a term of not less than 4 years and not more than 20 years; and | | (ii) | not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] |
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(4B) If a person 21 years of age or older is convicted of an offence under section 5(1) or 7 and the intended recipient of the controlled drug which is, or is to be, trafficked is a young person or a vulnerable person, that person so convicted shall be punished with —| (a) | in relation to a Class A drug —| (i) | imprisonment for a term of not less than 10 years and not more than 30 years; and | | (ii) | not less than 10 strokes and not more than 15 strokes of the cane; |
| | (b) | in relation to a Class B drug —| (i) | imprisonment for a term of not less than 6 years and not more than 30 years; and | | (ii) | not less than 6 strokes and not more than 15 strokes of the cane; and |
| | (c) | in relation to a Class C drug —| (i) | imprisonment for a term of not less than 4 years and not more than 20 years; and | | (ii) | not less than 4 strokes and not more than 15 strokes of the cane. [30/2012] |
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(4C) If a person 21 years of age or older is convicted of an offence under section 11A and the gathering consists of any young person or vulnerable person, that person so convicted shall be punished with —| (a) | imprisonment for a term of not less than 5 years and not more than 20 years; and | | (b) | not less than 3 strokes and not more than 10 strokes of the cane. [30/2012] |
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| (4D) The punishment provided under subsection (4A) or (4B) in relation to an offence applies only if the punishment as shown in the sixth column of the Second Schedule is not applicable in relation to that offence. [30/2012] |
(5) For the purposes of this section —| (aa) | a previous conviction under section 8(a) means a conviction under section 8(a) at any time before, on or after the date of commencement of section 25(1)(c) of the Misuse of Drugs (Amendment) Act 2023; [Act 12 of 2023 wef 01/06/2023] | | (a) | a conviction under section 8(b) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 8(b); | | (b) | a conviction under section 31(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 October 1992 is deemed to be a previous conviction under section 31(2); | | (c) | a conviction under section 31A(2) by a court including a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972 at any time on or after 1 May 2013 is deemed to be a previous conviction under section 31A(2); | | (d) | a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 is deemed to be a previous conviction under section 34 of the Singapore Armed Forces Act 1972; | | (e) | “admission” means an admission under section 34(2) to an approved institution at any time on or after 1 October 1992; and | | (f) | “convicted of an offence”, in relation to an offence under section 8(b), 31(2) or 31A(2), includes a conviction by a subordinate military court or the Military Court of Appeal constituted under the Singapore Armed Forces Act 1972. [1/2019] |
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