PART 2 | OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES |
| Trafficking in controlled drugs |
5.—(1) Except as authorised by this Act, it shall be an offence for a person, on his or her own behalf or on behalf of any other person, whether or not that other person is in Singapore —| (a) | to traffic in a controlled drug; | | (b) | to offer to traffic in a controlled drug; or | | (c) | to do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug. |
| (2) For the purposes of this Act, a person commits the offence of trafficking in a controlled drug if he or she has in his or her possession that drug for the purpose of trafficking. |
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| Manufacture of controlled drugs |
| 6. Except as authorised by this Act, it shall be an offence for a person to manufacture a controlled drug. |
| Import and export of controlled drugs |
| 7. Except as authorised by this Act, it shall be an offence for a person to import into or export from Singapore a controlled drug. |
| Possession and consumption of controlled drugs |
8. Except as authorised by this Act, it shall be an offence for a person to —| (a) | have in his or her possession a controlled drug; or | | (b) | smoke, administer to himself or herself or otherwise consume —| (i) | a controlled drug, other than a specified drug; or | | (ii) | a specified drug. |
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| Consumption of drug outside Singapore by citizen or permanent resident |
8A.—(1) Section 8(b) has effect in relation to a person who is a citizen of Singapore or a permanent resident of Singapore outside as well as within Singapore where he or she is found as a result of urine tests conducted under section 31(4)(b) to have smoked, administered to himself or herself or otherwise consumed a controlled drug or a specified drug.| (2) Where an offence under section 8(b) is committed by a person mentioned in subsection (1) in any place outside Singapore, he or she may be dealt with as if that offence had been committed within Singapore. |
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| Possession of pipes, utensils, etc. |
| 9. Except as authorised by this Act, it shall be an offence for a person to have in his or her possession any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug. |
| Cultivation of cannabis, opium and coca plants |
| 10. It shall be an offence for a person to cultivate any plant of the genus Cannabis, or any plant of the species papaver somniferum or any plant of the genus erythroxylon from which cocaine can be extracted. |
| Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs |
10A.—(1) Any person who —| (a) | manufactures any controlled equipment, controlled material or controlled substance; | | (b) | supplies any controlled equipment, controlled material or controlled substance to another person; | | (c) | has in his or her possession any controlled equipment, controlled material or controlled substance; or | | (d) | imports or exports any controlled equipment, controlled material or controlled substance, |
| knowing or having reason to believe that the controlled equipment, controlled material or controlled substance is to be used in or for the manufacture of a controlled drug in contravention of section 6 shall be guilty of an offence. |
| (2) It is not a defence to a person who contravenes subsection (1)(d) in respect of any controlled equipment, controlled material or controlled substance to show that the equipment, material or substance is the subject of a licence, permit or any other form of authorisation issued or granted under any regulations made under section 10B. |
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| Regulations on controlled equipment, material or substances |
10B.—(1) The Minister may by regulations make provisions for —| (a) | the licensing, by such person or authority as may be prescribed, of persons who intend to import or export any controlled equipment, controlled material or controlled substance; | | (b) | the regulation and control of the import or export of any controlled equipment, controlled material or controlled substance; | | (c) | imposing requirements for the registration of premises used in connection with the import, export, manufacture, processing, storage, distribution or supply of any controlled equipment, controlled material or controlled substance; | | (d) | imposing requirements as to the documentation of transactions involving any controlled equipment, controlled material or controlled substance; | | (e) | requiring the keeping of records and the furnishing of information with respect to any controlled equipment, controlled material or controlled substance; | | (f) | the inspection and production of records kept pursuant to the regulations; and | | (g) | the labelling of consignments of any controlled equipment, controlled material or controlled substance. |
(2) Regulations made under subsection (1) may, in particular, require —| (a) | the notification of the proposed exportation of any controlled equipment, controlled material or controlled substance to such countries as may be specified in the regulations; and | | (b) | the production, in such circumstances as may be specified, of evidence that the required notification has been given, |
| and any such equipment, material or substance is deemed to be exported contrary to a restriction for the time being in force with respect to the equipment, material or substance under such regulations if it is exported without the requisite notice being given. |
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| (3) Regulations made under this section may make different provisions in relation to different controlled equipment, controlled material or controlled substance and in relation to different cases or circumstances. |
| (4) Regulations made under this section may provide that any person who contravenes any provision thereof shall be guilty of an offence and shall be liable on conviction to be punished with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 3 years or with both as may be specified in the regulations. |
| (5) No information obtained pursuant to any regulations made under this section is to be disclosed except for the purposes of criminal proceedings or of proceedings under or in relation to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992. |
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| Responsibilities of owners, tenants, etc. |
11. It shall be an offence for a person being the owner, tenant, occupier or person in charge of any place or premises, to permit or suffer such place or premises or any part thereof to be opened, kept or used for —| (a) | the purpose of smoking, administration or consumption of any controlled drug in contravention of section 8(b); or [Act 12 of 2023 wef 01/06/2023] | | (b) | the unlawful trafficking in or the unlawful manufacturing of any controlled drug. |
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| Arranging or planning gatherings where controlled drugs are to be consumed or trafficked |
11A.—(1) Where there is a gathering of 2 or more persons in any place, any person who arranges or plans the gathering with the knowledge that any controlled drug is, or is to be, consumed or trafficked at that gathering shall be guilty of an offence and shall on conviction —| (a) | be punished with imprisonment for a term of not less than 3 years and not more than 20 years; and | | (b) | be liable to caning of not more than 10 strokes. [30/2012] |
| (2) A person may be guilty of an offence under subsection (1) even though he or she does not supply any controlled drug to be consumed or trafficked at that gathering. [30/2012] |
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| Exposing child to drugs, etc., and permitting young person to consume drugs |
11B.—(1) Any person of or above 21 years of age who, being in possession of any controlled drug or drug paraphernalia —| (a) | knowingly or recklessly leaves the controlled drug or drug paraphernalia —| (i) | exposed in any place; or | | (ii) | in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and |
| | (b) | knows that any child has, or is likely to have, access to —| (i) | the place where the controlled drug or drug paraphernalia is left exposed; or | | (ii) | the refrigerator, cupboard, cabinet, box, chest or other article in which the controlled drug or drug paraphernalia is located, |
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[1/2019] (2) Any person of or above 21 years of age who, being in possession of any controlled drug —| (a) | permits a young person to smoke, administer (whether or not to himself or herself) or consume the controlled drug; or | | (b) | does not take all reasonable steps to prevent a young person from smoking, administering (whether or not to himself or herself) or consuming the controlled drug, |
| shall be guilty of an offence. |
[1/2019] |
(3) Any person guilty of an offence under subsection (1) or (2) shall —| (a) | on conviction, be punished with imprisonment for a term not exceeding 10 years; and | | (b) | on a second or subsequent conviction, be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [1/2019] |
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| (4) Subsection (1) does not apply in relation to a person who is in possession of any controlled drug or drug paraphernalia if the possession of the controlled drug or drug paraphernalia is authorised under this Act. [1/2019] |
(5) In this section —| “child” means any person below 16 years of age; |
| “drug paraphernalia” means any pipe, syringe, utensil, apparatus or other article for the purpose of smoking, administering or consuming a controlled drug. [1/2019] |
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| Introducing drug trafficker to another person |
11C.—(1) A person (A) who, knowing or having reason to believe —| (a) | that —| (i) | another person (B) intends to procure, whether or not for himself or herself, any controlled drug; and | | (ii) | the possession of the controlled drug by B (or a person that B is procuring the controlled drug for) would not be authorised under this Act; or |
| | (b) | that another person (B) intends, without any authorisation under this Act, to smoke, administer (whether or not to himself or herself) or consume any controlled drug, |
| introduces B (whether or not through the use of any electronic media) to a person whom A knows or has reason to believe is trafficking in any controlled drug and is likely to supply B with any controlled drug shall be guilty of an offence. |
[Act 12 of 2023 wef 01/06/2023] (2) Any person guilty of an offence under subsection (1) shall —| (a) | on conviction, be punished with imprisonment for a term not exceeding 10 years; and | | (b) | on a second or subsequent conviction, be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [1/2019] |
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(3) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that —| (a) | B procures, smokes, administers or consumes any controlled drug after the introduction is made; or | | (b) | both A and B are within Singapore at the time the introduction is made, as long as either A or B is within Singapore at that time. [1/2019] |
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| (4) In this section, “introduce” includes giving any address, telephone number, email address or any other details of one person to another person. [1/2019] |
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| Instructing person to cultivate cannabis, etc., or to manufacture or consume controlled drugs, etc. |
11D.—(1) Any person (A) who, whether or not through the use of any electronic media, teaches or instructs another person (B) to carry out, or who provides information to B on the carrying out of, any of the following activities:| (a) | the cultivating of any plant of the genus Cannabis, or any plant of the species papaver somniferum or any plant of the genus erythroxylon from which cocaine can be extracted; | | (b) | the manufacture of any controlled drug; | | (c) | the smoking, administering or consuming of any controlled drug; | | (d) | the trafficking or doing of any act preparatory to or for the purpose of trafficking in any controlled drug; | | (e) | the importing into or exporting from Singapore of any controlled drug, |
| knowing or having reason to believe that B intends to carry out the activity, shall be guilty of an offence. |
[1/2019] | (2) Any person who disseminates or publishes, or causes the dissemination or publication of, information (whether or not through the use of any electronic media) on the carrying out of any activity mentioned in subsection (1) shall be guilty of an offence. [1/2019] |
(3) Any person guilty of an offence under subsection (1) shall —| (a) | on conviction, be punished with imprisonment for a term not exceeding 10 years; and | | (b) | on a second or subsequent conviction, be punished with imprisonment for a term of not less than 2 years and not more than 10 years. [1/2019] |
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(4) Any person guilty of an offence under subsection (2) shall —| (a) | on conviction, be liable to be punished with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 5 years or with both; and | | (b) | on a second or subsequent conviction, be punished with imprisonment for a term of not less than one year and not more than 5 years. [1/2019] |
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(5) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove, in relation to any activity mentioned in that subsection for which B is taught, instructed or provided with information, that —| (a) | B carries out the activity after B is so taught, instructed or provided with information; or | | (b) | both A and B are within Singapore at the time when B is so taught, instructed or provided with information, as long as either A or B is within Singapore at that time. [1/2019] |
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| (6) Subsection (1) does not apply in relation to A teaching or instructing B to carry out, or providing information to B on the carrying out of, any activity mentioned in that subsection if the teaching, instructing or provision of information is authorised under this Act. [1/2019] |
| (7) It is a defence to a charge under subsection (1) if A who teaches or instructs B to carry out, or provides information to B on the carrying out of, any activity mentioned in that subsection proves, on a balance of probabilities, that the teaching, instructing or provision of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art. [1/2019] |
| (8) Subsection (2) does not apply in relation to any dissemination or publication of information on the carrying out of any activity mentioned in subsection (1) if the dissemination or publication of information is authorised under this Act. [1/2019] |
| (9) It is a defence to a charge under subsection (2) if the person who disseminates or publishes information on the carrying out of any activity mentioned in subsection (1) proves, on a balance of probabilities, that the dissemination or publication of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art. [1/2019] |
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| Causing or procuring young person or vulnerable person to commit certain offences |
| 11E. Any person of or above 21 years of age who causes or procures any young person or vulnerable person to commit any offence under section 5(1) or 7 shall be guilty of an offence. [1/2019] |
| Abetments and attempts punishable as offences |
| 12. Any person who abets the commission of or who attempts to commit or does any act preparatory to, or in furtherance of, the commission of any offence under this Act shall be guilty of that offence and shall be liable on conviction to the punishment provided for that offence. |
| 12A. [Repealed by Act 1 of 2019] |
| Abetting or procuring commission of offences within or outside Singapore |
13. Any person who —| (a) | aids, abets, counsels or procures the commission in any place outside Singapore of an offence punishable under a corresponding law in force in that place; | | (b) | aids, abets, counsels or procures the commission of any offence under this Act within Singapore, even though all or any of the acts constituting the aiding, abetment, counselling or procurement were done outside Singapore; or | | (c) | does an act preparatory to, or in furtherance of, an act outside Singapore which if committed in Singapore would constitute an offence under this Act, |
| shall be guilty of an offence and shall be liable on conviction — |
| (d) | in relation to an offence mentioned in paragraph (a) or (c), to imprisonment for a term of not less than 2 years but not more than 10 years, or to a fine of not less than $4,000 and not more than $40,000, or to both; and | | (e) | in relation to an offence mentioned in paragraph (b), to the same punishment provided for the offence that the person aided, abetted, counselled or procured. [1/2019] |
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| Offences by body corporate |
| 14. Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he or she as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly. |
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