Misuse of Drugs Act 1973

“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 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;

“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 —

“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, has developed —

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

“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 —

“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 —

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

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

“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 —

“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.

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.

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

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.

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.

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

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

Every such committee has such functions as the Minister may determine.

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

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 —

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.

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.

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.

Any person who —

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.

The Minister may by regulations make provisions for —

Regulations made under subsection (1) may, in particular, require —

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.

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.

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.

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 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.

Any person of or above 21 years of age who, being in possession of any controlled drug or drug paraphernalia —

Any person of or above 21 years of age who, being in possession of any controlled drug —

Any person guilty of an offence under subsection (1) or (2) shall —

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.

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.

Any person (A) who, knowing or having reason to believe that another person (B) intends —

Any person guilty of an offence under subsection (1) shall —

In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove that —

In this section, “introduce” includes giving any address, telephone number, email address or any other details of one person to another person.

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:

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.

Any person guilty of an offence under subsection (1) shall —

Any person guilty of an offence under subsection (2) shall —

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 —

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.

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.

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.

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.

A document purporting to be issued by or on behalf of the government of a country outside Singapore and purporting to state the terms of a corresponding law in force in that country is to be admitted in evidence, in any proceedings for an offence under this Act, on its production by the prosecution without further proof.

Such document is conclusive evidence that —

Any person who is proved to have had in his or her possession or custody or under his or her control —

Any person who is proved or presumed to have had a controlled drug in his or her possession is presumed, until the contrary is proved, to have known the nature of that drug.

The presumptions provided for in this section are not to be rebutted by proof that the accused never had physical possession of the controlled drug.

Where one of 2 or more persons with the knowledge and consent of the rest has any controlled drug in his or her possession, it is deemed to be in the possession of each and all of them.

Where a pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug is found in any place or premises, it is presumed, until the contrary is proved, that the place or premises is used for the purpose of smoking, administering or consuming a controlled drug.

Any person found in or escaping from any place or premises which is proved or presumed to be used for the purpose of smoking or administering a controlled drug is presumed, until the contrary is proved, to have been smoking or administering a controlled drug in that place or premises.

Except as provided in subsection (3) —

If any book, document or paper which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to his or her discovery, the court must cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

If —

Any officer of the Bureau, police officer or senior officer of customs may at any time —

For the purpose of exercising his or her power under this section, an officer may, with such assistance as he or she considers necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, box, container or any other thing.

Despite subsection (1), if the use of any drug specified in the Fifth Schedule or any substance containing such drug at any place or premises searched under that subsection is authorised by the Director, that drug or substance is not liable to seizure under that subsection.

Any officer of the Bureau, police officer, special police officer or officer of customs may arrest and search without a warrant any person who has committed or whom he or she reasonably suspects to have committed an offence under this Act or a seizable offence under the regulations.

Any person arrested under subsection (1), together with any controlled drug, controlled substance or article liable to seizure, must be taken to the Central Narcotics Bureau, a police station or a customs station and may be searched.

A woman must not be searched under this Act except by another woman.

An officer making an arrest under this section may seize and detain any controlled drug, controlled substance or article liable to seizure.

Any officer of the Bureau, police officer, special police officer or officer of customs may —

An officer may seize and detain —

An officer may —

Despite subsection (2), if the use of any drug specified in the Fifth Schedule or any substance containing such drug onboard any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, vehicle or train or by any person searched under that subsection is authorised by the Director, that drug or substance is not liable to seizure under that subsection.

Subject to subsections (2) to (11), if a relevant officer determines that any seized item is not required for the purposes of any investigation or proceedings for any offence under this Act, the relevant officer may return the seized item to the owner of the seized item, or any person authorised by the owner.

If the owner of any seized item is known, a relevant officer must notify the owner to claim the seized item, and such notification may be given —

If the owner or the person authorised by the owner does not claim the seized item within one month after the notification is given under subsection (2), any relevant officer may cause to be sold, or otherwise dispose of, the seized item but only after giving one month’s notice in the Gazette of the relevant officer’s intention to do so.

Despite subsection (3), if the value of the seized item is, in the opinion of the Director, less than $500, any relevant officer may cause the seized item to be sold or disposed of at any time.

If the owner or the person authorised by the owner claims the seized item after it is sold under subsection (3) or (4), the owner is only entitled to the net proceeds.

If the owner of a seized item is unknown or cannot be found, a relevant officer must issue a public notice, specifying the seized item and requiring any person who has a claim to it to appear before the relevant officer and establish the person’s claim within 6 months after the date of the public notice.

Every public notice under subsection (6) must be published in the Gazette or any daily newspaper but only if, in the opinion of the Director, the value of the seized item is at least $1,000.

If no person establishes a claim to the seized item within one month after the publication of a public notice issued under subsection (6), and if the person in whose possession the seized item was found cannot show he or she had legally acquired it, then the seized item may be sold on the order of a relevant officer.

Despite subsection (8), if the value of the seized item is, in the opinion of the Director, less than $1,000, or if keeping the seized item involves unreasonable expense or inconvenience, a relevant officer may cause the seized item to be sold or disposed of at any time.

If no person has established a claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), the ownership of the seized item or (if sold) its net proceeds is to pass and be vested in the Government absolutely.

If a person establishes the person’s claim to the seized item within 6 months after the publication of the public notice mentioned in subsection (6), and the seized item has already been sold by a relevant officer, that person is only entitled to the net proceeds.

This section applies in relation to any ship, hovercraft, aircraft, vehicle or train even though it was seized before 1 August 2019.

In this section —

“relevant officer” means any Deputy Director of the Central Narcotics Bureau appointed under section 3(1) or any person authorised by the Deputy Director;

“seized item” means any ship, hovercraft, aircraft, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, vehicle or train that is seized under section 24 or 26.

Where anything is seized under this Act, the officer who carried out the seizure must immediately give notice in writing of the seizure to the owner of that thing, if known, either by delivering the notice to the owner personally or by post at his or her place of residence, if known.

The notice under subsection (1) is not required to be given where the seizure is made in the presence of the offender or the owner or his or her agent, or in the case of a ship or an aircraft, in the presence of the master or captain thereof.

An order for the forfeiture of any controlled drug, controlled substance or article is to be made if it is proved to the satisfaction of a court that an offence under this Act has been committed and that such drug, substance or article was the subject matter of or was used in the commission of the offence even though no person may have been convicted of that offence.

If there is no prosecution with regard to any controlled drug, controlled substance or article seized under this Act, that drug, substance or article is deemed to be forfeited to the Government on the expiry of one month from the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.

Any drug specified in the Fifth Schedule or any substance containing such drug is deemed to be forfeited to the Government on the expiry of one month after the date of the seizure thereof unless a claim thereto has been made before that date in such manner as may be prescribed.

Where a person has been convicted of an offence under this Act, the court may order to be forfeited to the Government any ship, hovercraft, aircraft, unmanned aircraft, unmanned vessel, component of the autonomous system of an unmanned vessel, or component of an unmanned aircraft system which has been proved to have been used in any manner in connection with the offence.

Where a person has been convicted of an offence under this Act, the court is to, upon the application of the Public Prosecutor, order to be forfeited to the Government any vehicle, autonomous vehicle, or component of the autonomous system of the autonomous vehicle which has been proved to have been used in any manner in connection with the offence.

This section does not apply to any ship, hovercraft or unmanned vessel of more than 200 tons net or to any aircraft or unmanned aircraft belonging to any person carrying on a regular passenger service to and from Singapore by means of that aircraft.

Any ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft, unmanned vessel, component of the autonomous system of an autonomous vehicle or unmanned vessel, or component of an unmanned aircraft system, must not be forfeited under this section if its owner establishes that the ship, hovercraft, aircraft, vehicle, autonomous vehicle, unmanned aircraft or unmanned vessel was unlawfully in the possession of another person without the owner’s consent.

All things which are forfeited to the Government under this Act are to be disposed of in such manner as the Minister thinks fit.

The Minister may, in his or her discretion and after any proceedings under this Act are concluded, entertain and give effect to any claim to or in respect of anything which has been forfeited to the Government.

It shall be an offence for a person to —

In subsection (1), “public officer” includes any special police officer exercising any power under section 25 or 26.

Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8(b), require that person to provide a specimen of the person’s urine for urine tests to be conducted under this section.

The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person —

Any serviceman in the Singapore Armed Forces who is appointed by the Minister as an enforcement officer may, if the enforcement officer reasonably suspects a person subject to military law under section 3 of the Singapore Armed Forces Act 1972 to have committed an offence under section 8(b), require that person to provide a specimen of that person’s urine for urine tests to be conducted under this section.

A person who, without reasonable excuse, fails to provide a specimen of his or her urine within such time as may be required by any of the officers referred to in subsection (1), (1A) or (1B) shall be guilty of an offence.

A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence.

Any person (other than a citizen of Singapore or a permanent resident of Singapore) arriving in Singapore by land, sea or air who —

A specimen of urine provided under this section must be divided into 3 parts and dealt with, in such manner and in accordance with such procedure as may be prescribed, as follows:

Despite subsection (4), where upon conducting any preliminary urine test under subsection (4)(a), a part of a urine specimen has tested negative for controlled drugs, any of the officers referred to in subsection (1), (1A) or (1B) may either discard the remaining 2 parts of the same urine specimen or proceed in accordance with subsection (4)(b).

A certificate stating the result of a urine test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose.

The certificate stating the result of a urine test may be signed by an analyst or person appointed under subsection (6) even though he or she did not personally conduct the test to analyse the urine specimen as long as the test was conducted by another person acting under his or her direction.

In this section, a specimen of urine may be collected from a person on different occasions within the time referred to in subsection (2).

In this section and section 31A —

“relevant person” means —

“relevant time” means —

Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if he or she reasonably suspects any person to have committed an offence under section 8(b), require that person to provide specimens of the person’s hair for a hair test to be conducted under this section.

The Director may, for the purpose of ensuring that a relevant person is no longer a drug addict, after the relevant time, order the relevant person —

A person who, without reasonable excuse, fails to provide specimens of his or her hair of such type and quantity as may be required by any of the officers referred to in subsection (1) or (1A) shall be guilty of an offence.

A person who, without reasonable excuse, fails to comply with an order under subsection (1A) shall be guilty of an offence.

All specimens of hair provided under this section must be marked and sealed for hair testing in accordance with the prescribed procedure.

A certificate stating the result of a hair test must be signed by an analyst employed by the Health Sciences Authority or any other person that the Minister, by notification in the Gazette, appoints for such purpose.

The certificate stating the result of a hair test may be signed by an analyst or person appointed under subsection (4) even though he or she did not personally conduct the test to analyse the specimens of hair as long as the test was conducted by another person acting under his or her direction.

Any officer of the Bureau, immigration officer or police officer not below the rank of sergeant may, if the officer reasonably suspects any person to have committed an offence under section 8(b), require that person to provide one or more specimens of the person’s oral fluid for the purpose of conducting any oral fluid test.

A person who, without reasonable excuse, fails to provide any specimen of the person’s oral fluid as required under subsection (1) shall be guilty of an offence.

In this section —

“oral fluid test” means a test carried out by an oral fluid testing device for the purpose of ascertaining whether any controlled drug is present in the person’s oral fluid;

“oral fluid testing device” means any device that is designed to indicate the presence of any controlled drug in the person’s oral fluid.

In any case relating to the commission of an offence under this Act, an officer of the Bureau has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into a seizable offence.

Where any search is conducted by an officer of the Bureau under section 24 or 26 in relation to a drug specified in the Fifth Schedule or any substance containing such drug, the officer may examine orally any person found within the place searched and section 22 of the Criminal Procedure Code 2010 applies, with the necessary modifications, to any statement made by any person so examined.

In any case relating to the commission of an offence under the regulations —

For the purposes of subsections (1) and (2)(a), when an officer of the Bureau is exercising the powers of a police officer under the Criminal Procedure Code 2010, the officer of the Bureau is deemed to be an officer not below the rank of inspector of police.

Except as provided in subsection (4A), (4B) or (4C) or under section 33A, the Second Schedule has effect, in accordance with subsections (2) and (3), with respect to the way in which offences under this Act are punishable on conviction.

In relation to an offence under any provision of this Act specified in the first column of the Second Schedule (the general nature of the offence being described in the second column thereof) —

In the third, fourth, fifth, sixth and seventh columns of the Second Schedule, a reference to a period gives the maximum or minimum term of imprisonment as is specified, a reference to a sum of money gives the maximum or minimum fine as is specified, and a reference to a number of strokes gives the number of strokes of caning with which the offender shall, subject to sections 325(1) and 330(1) of the Criminal Procedure Code 2010, be punished.

Any person convicted of an offence under section 8(b), 31(2) or 31A(2) that is committed on or after 1 April 2019 shall on conviction be punished with imprisonment for a term of not less than one year but not more than 10 years and shall also be liable to a fine not exceeding $20,000, unless the person is punished under subsection (4), (4AA) or (4AB) or section 33A (as the case may be) for that same offence.

If any person who has a previous conviction under section 8(b) or 31(2) is again convicted of an offence under section 8(b) or 31(2), he or she shall on conviction be punished with imprisonment for a term of not less than 3 years unless he or she is punished under section 33A for that same offence.