Punishment for repeat consumption of specified drugs
33A.—(1)  Where a person who has not less than —
(a)2 previous admissions;
(b)2 previous convictions for consumption of a specified drug under section 8(b);
(c)2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);
(d)one previous admission and one previous conviction for consumption of a specified drug under section 8(b);
(e)one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or
(f)one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),
is convicted of an offence under section 8(b) for consumption of a specified drug or an offence of failure to provide a urine specimen under section 31(2), the person shall on conviction be punished with —
(g)imprisonment for a term of not less than 5 years and not more than 7 years; and
(h)not less than 3 strokes and not more than 6 strokes of the cane.
(1A)  Where a person who has not less than —
(a)2 previous admissions;
(b)2 previous convictions for consumption of a specified drug under section 8(b);
(c)2 previous convictions for an offence of failure to provide a urine specimen under section 31(2);
(d)one previous admission and one previous conviction for consumption of a specified drug under section 8(b);
(e)one previous admission and one previous conviction for an offence of failure to provide a urine specimen under section 31(2); or
(f)one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a urine specimen under section 31(2),
is convicted of an offence under section 31A(2) for failure to provide a hair specimen, being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1).
[1/2019]
(1B)  Where a person who has not less than —
(a)2 previous convictions for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972;
[Act 12 of 2023 wef 01/06/2023]
(b)one previous admission and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972;
[Act 12 of 2023 wef 01/06/2023]
(c)one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972 and one previous conviction for an offence of failure to provide a urine specimen under section 31(2);
[Act 12 of 2023 wef 01/06/2023]
(d)2 previous convictions for an offence of failure to provide a hair specimen under section 31A(2);
(e)one previous admission and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2);
(f)one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2);
(g)one previous conviction for consumption of a specified drug under section 8(b) and one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972;
[Act 12 of 2023 wef 01/06/2023]
(h)one previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972, and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2); or
[Act 12 of 2023 wef 01/06/2023]
(i)one previous conviction for an offence of failure to provide a urine specimen under section 31(2) and one previous conviction for an offence of failure to provide a hair specimen under section 31A(2),
is convicted of an offence of consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), being an offence that is committed on or after 1 April 2019, the person shall on conviction be punished with the same punishment mentioned in subsection (1).
[1/2019]
(2)  Where a person who has been convicted under subsection (1), (1A) or (1B) is again convicted of an offence for consumption of a specified drug under section 8(b), an offence of failure to provide a urine specimen under section 31(2), or an offence of failure to provide a hair specimen under section 31A(2), the person shall on conviction be punished with —
(a)imprisonment for a term of not less than 7 years and not more than 13 years; and
(b)not less than 6 strokes and not more than 12 strokes of the cane.
[1/2019]
(3)  A certificate purporting to be signed by an officer authorised in writing 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; and, until the contrary is proved, that certificate is evidence of all matters contained in it.
[1/2014]
(4)  A certificate purporting to be signed by the Registrar for the subordinate military courts or for the Military Court of Appeal appointed under section 82(5) of the Singapore Armed Forces Act 1972 is admissible in evidence, in any proceedings under this section, on its production by the prosecution without proof of signature; and, until the contrary is proved, that certificate is evidence of a person’s previous conviction by a subordinate military court or the Military Court of Appeal.
(5)  For the purposes of this section —
(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 —
(i)any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or
(ii)any time on or after the relevant date for the consumption of a specified drug,
is deemed to be a previous conviction for consumption of a specified drug 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 for an offence of failure to provide a urine specimen under section 31(2);
(ba)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 for an offence of failure to provide a hair specimen under section 31A(2);
(bb)a conviction under section 34 of the Singapore Armed Forces Act 1972 on or after 1 April 2019 for an offence of consumption of a controlled drug that is a specified drug is deemed to be a previous conviction for an offence of consumption of a controlled drug that is a specified drug under section 34 of the Singapore Armed Forces Act 1972;
[Act 12 of 2023 wef 01/06/2023]
(c)“admission” means an admission under section 34(2) to an approved institution at —
(i)any time on or after 1 October 1992 but before the relevant date for the consumption of a controlled drug which, on the date of any subsequent conviction, is specified in the Fourth Schedule; or
(ii)any time on or after the relevant date for the consumption of a specified drug;
(ca)“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; and
(d)“relevant date” —
(i)in relation to a conviction or admission for consumption of diamorphine, morphine or opium, means 20 July 1998; and
(ii)in relation to a conviction or admission for consumption of any drug added to the Fourth Schedule after 20 July 1998, means the date on which the amendment to that Schedule for the inclusion of such drug commences.
[1/2019]