Misuse of Drugs Act

• Jurisdiction: Singapore
• Coming into Force: 31 March 2008
• copyrightNote: © Singapore legislation sourced from Singapore Statutes Online. It is subject to copyright of the Singapore Government and is reproduced with the permission of the Attorney-General’s Chambers of Singapore.
• Enactment Date: 07 July 1973
• Published date: 31 March 2008
• Record Number: Cap. 185
• Act Number: (Original Enactment: Act 5 of 1973)

Misuse of Drugs Act

(CHAPTER 185)

(Original Enactment: Act 5 of 1973)

REVISED EDITION 2008

(31st March 2008)

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

[7th July 1973]

PART I PRELIMINARY Short title 1. This Act may be cited as the Misuse of Drugs Act. Interpretation 2. In this Act, unless the context otherwise requires — “aircraft” has the same meaning as in section 2(1) of the Air Navigation Act (Cap. 6); [Act 1 of 2019 wef 01/04/2019] “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 evidence of an offence under this Act; “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; [Act 1 of 2019 wef 01/04/2019] “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; [Act 1 of 2019 wef 01/04/2019] “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 I, II and III of the First Schedule, respectively; “Commissioner of Prisons” means the Commissioner of Prisons appointed under section 20 of the Prisons Act (Cap. 247); [Act 1 of 2014 wef 01/07/2014] “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; [Act 30 of 2012 wef 28/04/2014] “controlled drug” means any substance or product which is for the time being specified in Part I, II or III 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 30th March 1961; or (b) the production, supply, use, export and import of dangerous or otherwise harmful drugs in pursuance of 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); [Deleted by Act 1 of 2014 wef 01/07/2014] “drug addict” means a person who, through the use of any controlled drug, has developed — (a) a desire or need to continue to take that controlled drug; or (b) a psychological or physical dependence upon the effect of that controlled drug; “Health Sciences Authority” means the Health Sciences Authority established under the Health Sciences Authority Act (Cap. 122C); “immigration officer” has the same meaning as in the Immigration Act (Cap. 133); “inmate” means a person who is detained in an approved institution or a community rehabilitation centre; [Act 30 of 2012 wef 28/04/2014] “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; or (b) a controlled substance, includes any process of producing the substance and the refining or transformation of one substance into another; “officer of customs” has the same meaning as in the Customs Act (Cap. 70); “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; [Act 30 of 2012 wef 01/01/2013] “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 referred to in paragraphs (a) to (d); [Act 30 of 2012 wef 01/01/2013] “police officer” has the same meaning as in the Police Force Act (Cap. 235); “prison officer” has the same meaning as in the Prisons Act (Cap. 247); “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 same meaning as in the Customs Act; “special police officer” means a member of the Special Constabulary constituted under Part VIII of the Police Force Act; “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 same meanings as in section 2(1) of the Air Navigation Act; [Act 1 of 2019 wef 01/04/2019] “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; [Act 1 of 2019 wef 01/04/2019] “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; [Act 1 of 2019 wef 01/04/2019] “vessel” includes a floating facility; [Act 1 of 2019 wef 01/04/2019] [Deleted by Act 1 of 2019 wef 01/04/2019] “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; [Act 30 of 2012 wef 01/01/2013] “young person” means any person who is below 21 years of age. [Act 30 of 2012 wef 01/01/2013] 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. [2/2006] [Act 30 of 2012 wef 01/01/2013] (2) All officers of the Bureau appointed by the Minister before 12th December 1975 shall be deemed to have been appointed under subsection (1). [49/75] (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 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 behalf. [Act 30 of 2012 wef 01/01/2013] (4) The Director may issue such orders not inconsistent with the provisions of this Act and the regulations made thereunder, to be called General Orders, as he may think necessary and expedient for the control, direction and information of the officers of the Bureau. [Act 30 of 2012 wef 01/01/2013] (5) It shall not be necessary to publish any General Orders in the Gazette. [Act 30 of 2012 wef 01/01/2013] Advisory committees 4.—(1) For the purpose of assisting in the administration of this Act, the Minister may from time to time appoint such advisory committees as he thinks fit. [12/77] (2) Every such committee shall have such functions as the Minister may from time to time determine. [12/77] (3) Subject to the regulations, every such committee may regulate its own procedure. [12/77]

PART II 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 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 has in his possession that drug for the purpose of trafficking. [40/93] 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 ...