Offence for Drug Consumption
Anyone found to have smoked, consumed or administered to himself a controlled or specified drug is found to have committed an offence under Section 8(b) of the MDA.
(Note: Specified drugs refer to certain controlled drugs that are listed separately in the Fourth Schedule of the MDA)
The penalty for this offence is imprisonment of not less than 1 year but not more than 10 years, and a fine not exceeding $20,000.
Presumption relating to urine test: Under Section 22 of the MDA, if any controlled drug is found in a person’s urine, he shall be presumed, until the contrary is proved, to have smoked, consumed or administered to himself that controlled drug.
What if I am a repeat drug offender?
If you are a repeat offender, (i.e. previously been admitted into an institution or convicted for a drug related offence), the penalty for consuming a controlled drug is imprisonment of at least 3 years. Depending on the nature of your previous conviction and the number of such previous convictions, you may be subject to mandatory minimum imprisonment of at least 5 or 7 years and given a minimum of 3 or 6 strokes of the cane.
What if I consumed the drugs outside Singapore?
Any Singaporean or Singapore Permanent Resident found to have smoked, administered to himself or otherwise consumed drugs outside Singapore would be dealt with as if that offence had been committed within Singapore.
Possession of Drugs Utensils
Anyone possessing any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug has committed an offence under Section 9 of the MDA. It does not matter whether they had consumed any controlled drugs or had any on them in the first place.
The penalty for this offence is imprisonment for a maximum of 3 years or a fine of $10,000 or both.
Presumption of premises: Under Section 19 of the MDA, where a utensil of such nature is found in any premises, it is presumed, until the contrary is proved, that the premises were used for the purpose of smoking, administering, or consuming a controlled drug.
Presumption of persons in such premises: Also, under Section 19 of the MDA, anyone found inside or escaping from any place used (or presumed to be used) for the purpose of smoking or administering a controlled drug will be presumed to have been smoking or administering a controlled drug in that place or premises, unless proven otherwise.
Offences for Inhaling intoxicating substances
Anyone who uses or inhales any intoxicating substance for the purpose of inducing or causing in himself a state of intoxication, has committed an offence under Section 3 of the Intoxicating Substances Act.
The penalty for this offence is admission to an approved centre for treatment and rehabilitation for up to 6 months, or up to 6 months of imprisonment or S$2,000 fine or both.
Presumption of misuse of intoxicating substances: Under Section 14 of the Intoxicating Substances Act, where the blood test results reveal any chemical compound with an amount that is over the specified limit, it will be presumed, until the contrary is proved, that you have used or inhaled any intoxicating substance for the purpose of inducing or causing a state of intoxication.
Offence for Supplying or offering to supply intoxicating substances
A person is found to have committed an offence under Section 4 of the Intoxicating Substances Act if he is found selling, supplying, or offerings to sell or offerings to supply an intoxicating substance to any person. The offender also has to know or believe that the intoxicating substance is, or its fumes are, likely to be used or inhaled by the other party to for the purpose of inducing or causing a state of intoxication in himself.
The penalty for this offence is a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.