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The Ministry of Home Affairs (MHA) introduced the Misuse of Drugs Act (Amendment) Bill and the Constitution of the Republic of Singapore (Amendment) Bill during the First Reading in Parliament on Feb. 24, 2023.

According to a press release by the MHA, these proposed amendments will:

• Increase punishments for the possession of selected controlled drugs above certain weight thresholds.
• Introduce a new legislative framework to control substances based on their capacity to produce a psychoactive effect, rather than on the chemical structure.
• Enhance punishments for repeat offenders involving either psychoactive substances and/or controlled drugs.
• Amend Article 9 of the Constitution to expressly extend its ambit to the new laws which authorise the arrest and detention of abusers of psychoactive substances for treatment and rehabilitation.

The Second Reading for these amendments is scheduled for on or after Mar. 20, 2023.

Harsher punishments for the possession of selected controlled drugs

For a more deterrent effect, the proposed amendment to the Misuse of Drugs Act (MDA) Bill will include caning for the possession of large quantities of controlled drugs deemed more dangerous and harmful that are above certain weight thresholds.

The drugs that fall under the increased punishment are:

• Morphine
• Diamorphine
• Opium
• Cocaine
• Cannabis
• Cannabis resin
• Cannabis mixture
• Methamphetamine

"The current sentencing framework for drug possession does not sufficiently account for the potential harm that could be caused by persons with large amount of drugs in their possession," MHA stated.

New legislative framework for psychoactive substances

The amendments to the MDA Bill will also introduce a new legislative framework to control New Psychoactive Substances (NPS) based on their ability to produce a psychoactive effect and not on their chemical structures.

According to the Central Narcotics Bureau (CNB), NPS are substances that mimic the effects of controlled drugs such as cannabis, cocaine, “ecstasy”, methamphetamine or heroin.

They are produced by altering the chemical structures of existing NPS and controlled drugs to create new forms yet to be controlled.

Most NPS seized in Singapore are synthetic cannabis, said a CNB spokesperson.

This new legislative framework will define all NPS as "psychoactive substances", and the amendment proposes to criminalise the trafficking, manufacturing, importing, exporting, possession and consumption of psychoactive substances.

"This will allow CNB to take enforcement action against illicit activities involving psychoactive substances that are not yet scheduled as controlled drugs," said MHA.

MHA explained that the new framework would not apply to other psychoactive substances with legitimate uses or controlled under other regulatory frameworks.

Examples of such substances excluded from this new framework are alcohol, tobacco and food additives.

Punishment for offences under this framework will reference the punishment framework for Class C controlled drugs.

In addition, the MDA Bill proposed enhanced punishments for repeat offenders involving either psychoactive substances or controlled drugs.

This means that if an offender had previously trafficked in controlled drugs and is convicted of trafficking a psychoactive substance, the offender will be considered a repeat trafficker and subjected to enhanced punishments.

Amending Article 9 of the Constitution

Currently, Article 9 of the Constitution of the Republic of Singapore authorises the arrest and detention of abusers of controlled drugs for treatment and rehabilitation.

Under the proposed amendment to Article 9 of the Constitution, it will extend its scope to include new laws which will authorise the arrest and detention of abusers of psychoactive substances for treatment and rehabilitation.

Top photo via Unsplash