1. The Misuse of Drugs (Amendment) Bill and Constitution of the Republic of Singapore (Amendment) Bill were passed in Parliament on 21 March 2023. The first tranche of amendments came into effect on 1 June 2023.
Provisions That Will Take Effect on 1 June 2024
2. The following provisions of the Misuse of Drugs (Amendment) Act 2023 (“Act”) and Constitution of the Republic of Singapore (Amendment) Bill 2023, relating to psychoactive substances, will take effect on 1 June 2024:
Offence Provisions Relating to the New Legislative Framework to Control Substances Based on Their Capacity to Produce a Psychoactive Effect, Rather Than on Their Chemical Structure
3. Substances capable of producing a psychoactive effect will be defined as “psychoactive substances”. The provisions will criminalise the trafficking, manufacture, importing, exporting, possession, and consumption of psychoactive substances. This will allow the Central Narcotics Bureau (CNB) to take enforcement action against illicit activities involving psychoactive substances that are not yet scheduled as controlled drugs.
4. The new legislative framework will not apply to psychoactive substances that have legitimate uses or are controlled under other regulatory frameworks. Such substances will be specifically listed in an exclusion schedule. Examples of such excluded substances include alcohol, tobacco and food additives. In addition, the legislation also provides that an accused person can invoke a defence if the psychoactive substance is intended to be used for a legitimate purpose.
5. The punishment framework for offences under this new legislative framework for psychoactive substances will take reference from the punishment framework for Class C controlled drugs.
Enhanced Punishments for Repeat Offenders Involving Either Psychoactive Substances or Controlled Drugs
6. If an offender has an antecedent for trafficking in a controlled drug, and is subsequently convicted of trafficking in a psychoactive substance, he will be considered a repeat trafficker and will be subject to enhanced punishment for the offence of trafficking.
Mandatory Treatment and Rehabilitation for Abuser of Psychoactive Substances
7. Similar to abusers of controlled drugs, the new provisions will empower the Director of the CNB to (i) commit a suspected abuser of psychoactive substances for medical examination or observation; (ii) subject an abuser of psychoactive substances to supervision; and (iii) commit an abuser of psychoactive substances to treatment and rehabilitation.
8. Presently, Article 9(6)(b) of the Constitution of the Republic of Singapore ensures the constitutional validity of the provisions in the MDA which authorise the arrest and detention of drug abusers for treatment and rehabilitation. Amendments to Article 9, which will come into force on 1 June 2024, will expressly also ensure the constitutional validity of the new laws to authorise the arrest and detention of abusers of psychoactive substances for treatment and rehabilitation.
Amendments to Subsidiary Legislations to Bring Into Effect the Abovementioned Provisions of the Act
9. Technical amendments to the following subsidiary legislations will be made to bring into full effect the provisions of the Act relating to psychoactive substances. These will also come into force on 1 June 2024:
(a) First Schedule, Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) [CDSA];
(b) First Schedule, Mutual Assistance in Criminal Matters Act [MACMA];
(c) First Schedule, Registration of Criminals Act;
(d) First and Second Schedule, Prisons Act;
(e) Second Schedule, Public Entertainment Act;
(f) Third Schedule, Criminal Law (Temporary Provisions) Act;
(g) The Schedule, Societies Act;
(h) The Schedule, Organised Crime Act;
(i) Misuse of Drugs (Authorised Dissemination or Publication of Information) Regulations 2019;
(j) Misuse of Drugs Regulations (Approved Institutions); Misuse of Drugs (Approved Institutions, Medical Observation and Treatment and Rehabilitation) Regulations; Misuse of Drugs (Approved Institutions) (Discipline) Regulations;
(k) Misuse of Drugs (Community Rehabilitation Centres) Regulations 2014.
10. With the commencement of these provisions, all the provisions under the Misuse of Drugs (Amendment) Act 2023 would have come into force. Please refer to the Annex for more information on the Misuse of Drugs Act.
Annexes
