The Misuse of Drugs Act 1973 (“MDA“) and the Constitution of the Republic of Singapore (“Constitution”) were amended by the Misuse of Drugs (Amendment) Act 2023 (“MDA Amendment Act“) and the Constitution of the Republic of Singapore (Amendment) Act 2021 (“Constitution Amendment Act“), respectively (see the Misuse of Drugs (Amendment) Bill and the Constitution of the Republic of Singapore (Amendment) Bill).
The second tranche of amendments to the MDA and the Constitution, relating to psychoactive substances, came into effect on 1 June 2024 (see the press release dated 31 May 2024 by the Ministry of Home Affairs titled “Commencement of the Misuse of Drugs (Amendment) Act 2023 [Second Tranche] and Constitution of the Republic of Singapore (Amendment) Act 2023”) and introduces the following:
(a) 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). The new provisions criminalise the trafficking, manufacture, importing, exporting, possession, and consumption of psychoactive substances (“PS“), i.e. substances capable of producing a psychoactive effect. This allows the Central Narcotics Bureau (“CNB“) to take enforcement action against illicit activities involving PS that are not yet scheduled as controlled drugs. The framework does not apply to PS that have legitimate uses or are controlled under other regulatory frameworks, as specifically listed in an exclusion schedule. An accused person can invoke a defence if the PS is intended to be used for a legitimate purpose. The punishment framework for offences for PS takes reference from the punishment framework for Class C controlled drugs.
(b) Enhanced punishments for repeat offenders involving either PS or controlled drugs. If an offender has an antecedent for trafficking in a controlled drug and is subsequently convicted of trafficking in a PS, he will be considered a repeat trafficker and will be subject to enhanced punishment for the offence of trafficking.
(c) Mandatory treatment and rehabilitation for abusers of PS. Similar to abusers of controlled drugs, the new provisions empower the Director of the CNB to (i) commit a suspected abuser of PS for medical examination or observation; (ii) subject an abuser of PS to supervision; and (iii) commit an abuser of PS to treatment and rehabilitation. Amendments to Article 9 of the Constitution expressly ensure the constitutional validity of the new laws to authorise the arrest and detention of abusers of PS for treatment and rehabilitation.
Technical amendments to various other subsidiary legislations have been made to bring into full effect the provisions of the MDA Amendment Act relating to PS. These amendments also came into effect on 1 June 2024.
