Misuse of Drugs Act 1973

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act for the control of dangerous or otherwise harmful drugs and substances and for purposes connected therewith.

[7 July 1973]

PART 1

PRELIMINARY

Short title

1. This Act is the Misuse of Drugs Act 1973.

Interpretation

2. In this Act, unless the context otherwise requires —

“aircraft” has the meaning given by section 2(1) of the Air Navigation Act 1966;

“approved institution” means any institution or place declared by the Minister to be an approved institution under section 35;

“article liable to seizure” means any money, thing, controlled equipment or controlled material by means of or in respect of which an offence under this Act has been committed or which contains or constitutes evidence of an offence under this Act;

[Act 12 of 2023 wef 01/06/2023]

“autonomous system”, in relation to a motor vehicle or vessel, means a system that enables the operation of the motor vehicle or vessel without the active physical control of, or monitoring by, a human operator;

“autonomous vehicle” means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle;

“cannabis” means any part of a plant of the genus Cannabis, or any part of such plant, by whatever name it is called;

“cannabis mixture” means any mixture of vegetable matter containing tetrahydrocannabinol and cannabinol in any quantity;

“cannabis resin” means any substance containing resinous material and in which is found tetrahydrocannabinol and cannabinol in any quantity;

“Class A drug”, “Class B drug” and “Class C drug” mean any of the substances and products for the time being specified in Parts 1, 2 and 3 of the First Schedule, respectively;

“Commissioner of Prisons” means the Commissioner of Prisons appointed under section 20 of the Prisons Act 1933;

“committee of inquiry” means a committee of inquiry convened under section 41;

“community rehabilitation centre” means any place declared by the Minister as such under section 35;

“controlled drug” means any substance or product which is for the time being specified in Part 1, 2 or 3 of the First Schedule or anything that contains any such substance or product;

“controlled equipment, controlled material or controlled substance” means any equipment, material or substance, respectively, specified in the Third Schedule;

“corresponding law” means a law stated in a certificate purporting to be issued by or on behalf of the government of a country outside Singapore to be a law providing for the control and regulation in that country of —

(a)	the production, supply, use, export and import of drugs and other substances in accordance with the provisions of the Single Convention on Narcotic Drugs signed at New York on 30 March 1961; or
(b)	the production, supply, use, export and import of dangerous or otherwise harmful drugs pursuant to any treaty, convention or other agreement or arrangement to which the government of that country and the Government of Singapore are for the time being parties;

“Director” means the Director of the Central Narcotics Bureau appointed under section 3(1);

“drug addict” means a person who, through the use of any controlled drug or psychoactive substance, has developed —

(a)	a desire or need to continue to take that controlled drug or psychoactive substance; or [Act 12 of 2023 wef 01/06/2024]
(b)	a psychological or physical dependence upon the effect of that controlled drug or psychoactive substance; [Act 12 of 2023 wef 01/06/2024]

“excluded substance” means a substance specified in the Fifth Schedule;

[Act 12 of 2023 wef 01/06/2024]

“Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act 2001;

“Home Team Science and Technology Agency” means the Home Team Science and Technology Agency established by section 3 of the Home Team Science and Technology Agency Act 2019;

[Act 12 of 2023 wef 01/06/2024]

“immigration officer” has the meaning given by the Immigration Act 1959;

“inmate” means a person who is detained in an approved institution or a community rehabilitation centre;

“manufacture”, in relation to —

(a)	a controlled drug, includes any process of producing the drug and the refining or transformation of one drug into another; [Act 12 of 2023 wef 01/06/2024]
(b)	a controlled substance, includes any process of producing the substance and the refining or transformation of one substance into another; or [Act 12 of 2023 wef 01/06/2024]
(c)	a psychoactive substance, includes any process of producing the substance and the refining or transformation of one substance into another; [Act 12 of 2023 wef 01/06/2024]

“officer of customs” has the meaning given by the Customs Act 1960;

“officer of the Bureau” means the Director or any person appointed under section 3 as a Deputy Director, a Divisional Director or an officer of the Central Narcotics Bureau;

“opium” means any substance containing in any quantity morphine and one or more of the following, namely, codeine, narcotine, papaverine and thebaine but does not include poppy-straw which is not mixed in any such substance;

“permanent resident of Singapore” includes the holder of a Singapore blue identity card and a person who holds an entry permit or a re-entry permit issued by the Controller of Immigration;

“place” includes —

(a)	any building or structure, whether permanent or temporary;
(b)	any land, whether or not built on;
(c)	any place, whether or not enclosed, and whether or not situated underground or underwater;
(d)	any vessel, aircraft, train, or vehicle (whether mechanically propelled or otherwise) or any other means of transport; and
(e)	any part of any place mentioned in paragraphs (a) to (d);

“police officer” has the meaning given by the Police Force Act 2004;

“prison officer” has the meaning given by the Prisons Act 1933;

“psychoactive effect” means the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the individual’s mental functioning or emotional state;

[Act 12 of 2023 wef 01/06/2024]

“psychoactive substance” —

(a)	means a substance or product that has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product; but
(b)	does not include an excluded substance; [Act 12 of 2023 wef 01/06/2024]

“regulations” means any regulations made under this Act;

“Review Committee”, in relation to an approved institution, means the Review Committee appointed for the institution under section 37;

“senior officer of customs” has the meaning given by the Customs Act 1960;

“special police officer” means a member of the Special Constabulary constituted under Part 8 of the Police Force Act 2004;

“specified drug”, except for the purposes of the Second Schedule, means a drug specified in the Fourth Schedule;

“traffic” means —

(a)	to sell, give, administer, transport, send, deliver or distribute; or
(b)	to offer to do anything mentioned in paragraph (a),

otherwise than under the authority of this Act, and “trafficking” has a corresponding meaning;

“unmanned aircraft” and “unmanned aircraft system” have the meanings given by section 2(1) of the Air Navigation Act 1966;

“unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel;

“vehicle” means any means of transport used on land, whether self-propelled or not, such as a train, motor car, bicycle or personal mobility device;

“vessel” includes a floating facility;

“vulnerable person” means any person who suffers from an impairment of, or a disturbance in the functioning of, the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgment in relation to the commission of any offence under this Act;

“young person” means any person who is below 21 years of age.

[30/2012; 1/2014; 1/2019]

Appointment of Director and other officers of Central Narcotics Bureau

3.—(1) The Minister may appoint a Director of the Central Narcotics Bureau and such numbers of Deputy Directors, Divisional Directors and other officers as the Minister may think fit.

[30/2012]

(2) All officers of the Bureau appointed by the Minister before 12 December 1975 are deemed to have been appointed under subsection (1).

(3) Subject to the provisions of this Act, the powers and functions conferred upon the Director under this Act, and the duties required to be discharged by him or her may, subject to such limitations as the Director may impose, be exercised and discharged by any Deputy Director or Divisional Director of the Central Narcotics Bureau duly authorised by the Director to act on his or her behalf.

[30/2012]

(4) The Director may issue such orders not inconsistent with the provisions of this Act and the regulations made under this Act, to be called General Orders, as he or she may think necessary and expedient for the control, direction and information of the officers of the Bureau.

[30/2012]

(5) It is not necessary to publish any General Orders in the Gazette.

[30/2012]

Advisory committees

4.—(1) For the purpose of assisting in the administration of this Act, the Minister may appoint such advisory committees as he or she thinks fit.

(2) Every such committee has such functions as the Minister may determine.

(3) Subject to the regulations, every such committee may regulate its own procedure.

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.

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.

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.

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.

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.

(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.

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.

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]

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,

shall be guilty of an offence.

[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) Subject to subsection (3A), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term not exceeding 10 years.

[Act 12 of 2023 wef 01/06/2024]

(3A) If a person —

(a)	has a previous conviction under subsection (1) or (2) or section 11N(1) or (2); and
(b)	is convicted of an offence under subsection (1) or (2),

that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years.

[Act 12 of 2023 wef 01/06/2024]

(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]

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) Subject to subsection (2A), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years.

[Act 12 of 2023 wef 01/06/2024]

(2A) If a person —

(a)	has a previous conviction under subsection (1) or section 11O(1); and
(b)	is convicted of an offence under subsection (1),

that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years.

[Act 12 of 2023 wef 01/06/2024]

(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]

(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]

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) Subject to subsection (4), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years.

[Act 12 of 2023 wef 01/06/2024]

(4) If a person —

(a)	has a previous conviction under subsection (1) or section 11P(1); and
(b)	is convicted of an offence under subsection (1),

that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years.

[Act 12 of 2023 wef 01/06/2024]

(4A) Subject to subsection (4B), a person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both.

[Act 12 of 2023 wef 01/06/2024]

(4B) If a person —

(a)	has a previous conviction under subsection (2) or section 11P(2); and
(b)	is convicted of an offence under subsection (2),

that person shall on conviction be punished with imprisonment for a term of not less than one year and not more than 5 years.

[Act 12 of 2023 wef 01/06/2024]

(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]

(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]

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]

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