Suggest a correction

Instructing person to cultivate cannabis, etc., or to manufacture or consume controlled drugs, etc.

Misuse of Drugs Act 1973

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) 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:(a)the cultivating of any plant of the genus Cannabis, or any plant of the species papaver somniferum or any plant of the genus erythroxylon from which cocaine can be extracted;(b)the manufacture of any controlled drug;(c)the smoking, administering or consuming of any controlled drug;(d)the trafficking or doing of any act preparatory to or for the purpose of trafficking in any controlled drug;(e)the importing into or exporting from Singapore of any controlled drug,knowing or having reason to believe that B intends to carry out the activity, shall be guilty of an offence.(2) 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.(3) Any person guilty of an offence under subsection (1) shall —(a)on conviction, be punished with imprisonment for a term not exceeding 10 years; and(b)on a second or subsequent conviction, be punished with imprisonment for a term of not less than 2 years and not more than 10 years.(4) Any person guilty of an offence under subsection (2) shall —(a)on conviction, be liable to be punished with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 5 years or with both; and(b)on a second or subsequent conviction, be punished with imprisonment for a term of not less than one year and not more than 5 years.(5) 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 —(a)B carries out the activity after B is so taught, instructed or provided with information; or(b)both A and B are within Singapore at the time when B is so taught, instructed or provided with information, as long as either A or B is within Singapore at that time.(6) 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.(7) 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.(8) 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.(9) 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.

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