Misuse of Drugs Act (Singapore)

Misuse of Drugs Act
Old Parliament House, photographed in January 2006
An Act for the control of dangerous or otherwise harmful drugs and substances and for purposes connected therewith.
Citation	No. 5 of 1973 (now Cap. 185, 2008 Rev. Ed.)
Enacted by	Parliament of Singapore
Date enacted	16 February 1973
Date assented to	7 July 1973
Date commenced	7 July 1973
Legislation history
Bill	Misuse of Drugs Bill
Bill citation	Bill No. 46/72
Bill published on	25 November 1972
Introduced by	Chua Sian Chin (Minister for Health and Home Affairs)
First reading	22 November 1972
Second reading	16 February 1973
Third reading	16 February 1973
Related legislation
Dangerous Drugs Act 1951; Drugs (Prevention of Misuse) Act 1969

The Misuse of Drugs Act is a national drug control law classifying substances into three categories, Classes A, B, and C. Section 44 provides that "The Minister may, by an order published in the Gazette" add, remove, or transfer drugs among the classes. The statute's penal provisions are draconian by most nations' standards, providing for long terms of imprisonment, caning, and capital punishment. The law creates a presumption of trafficking for certain threshold amounts, e.g. 30 grams of cannabis. It also creates a presumption that a person possesses drugs if he possesses the keys to a premises containing the drugs, and that "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 shall, until the contrary is proved, be presumed to have been smoking or administering a controlled drug in that place or premises." Thus, one runs the risk of arrest for drug use by simply being in the company of drug users. The law also allows officers to search premises and individuals, without a search warrant, if he "reasonably suspects that there is to be found a controlled drug or article liable to seizure". Moreover, Section 31 allows officers to demand urinalysis of suspected drug offenders.

Amount of controlled drugs that would qualify as drug trafficking

Section 17 of the Misuse of Drugs Act lists the amount of controlled drugs beyond which, the person who carries them shall be presumed to possess them for the purpose of drug trafficking unless proven otherwise:

• Opium: 100 grammes
• Morphine: 3 grammes
• Diamorphine (Heroin): 2 grammes
• Cannabis: 15 grammes
• Cannabis mixture: 30 grammes
• Cannabis resin: 10 grammes
• Cocaine: 3 grammes
• Methamphetamine: 25 grammes
• 10 grammes of any or any combination of the following:
  • N, α-dimethyl-3,4-(methylenedioxy)phenethylamine (MDMA)
  • α-methyl-3,4-(methylenedioxy)phenethylamine (MDA)
  • N-ethyl-α-methyl-3,4-(methylenedioxy)phenethylamine (MDEA)

Unless authorized by the government, the possession, consumption, manufacturing, import, export, or trafficking of these and other controlled drugs in any amount are illegal.

Schedule I - Controlled Drugs

Class A - Part I

The Singapore embarkation card contains a warning to visitors about the death penalty for drug trafficking. Warning signs can be found at the Johor-Singapore Causeway and other border entries. Singapore Airlines also announces similar warnings to air passengers during flights to the country.

Some examples include:

• Amphetamine
• Buprenorphine
• Cannabinol (and derivatives)
• Cannabis
• Cocaine (in all forms, including coca leaf)
• Dextroamphetamine
• Desomorphine
• Ecgonine (any derivative of ecgonine which is convertible to ecgonine or to cocaine)
• Fentanyl (and all its analogues, i.e. alphamethylfentanyl (AMF; China White), alfentanil, sufentanil, carfentanil, etc.)
• MDMA (Ecstasy)
• Mescaline
• Methamphetamine
• Methaqualone
• Morphine and Heroin
• Opium
• Pentobarbital
• Phencyclidine (PCP)
• Psilocin and Psilocybine
• Secobarbital
• Temazepam

Schedule II - Controlled Drugs

Class B - Part II

Some examples include:

• Acetyldihydrocodeine
• Amobarbital
• Aprobarbital
• Butabarbital
• Codeine
• Crotylbarbital
• Dextropropoxyphene
• Dihydrocodeine
• Ethylmorphine
• Ketamine
• Hexobarbital
• Methylphenidate (Ritalin)
• Nicocodeine
• Pholcodine

Class C - Part III

Some examples include:

• Benzphetamine
• Chlorphentermine
• Flunitrazepam (Rohypnol)
• Flutoprazepam (Restas)
• Nimetazepam
• Mephentermine
• Pipradrol
• Triazolam (Halcion)

Part IV

For the purposes of this Paragraph:

• cannabinol derivatives means the following substances, namely tetrahydro derivatives of cannabinol and their carboxylic acid derivatives, and 3-alkyl homologues of cannabinol or its tetrahydro derivatives;

• coca leaf means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation;

• concentrate of opium poppy-straw means the material produced when poppy-straw has entered into a process for the concentration of its alkaloids;

• opium poppy means any plant from which morphine may be produced;

• preparation means a mixture, solid or liquid, containing a controlled drug;

• poppy-straw means all parts, except the seeds, of the opium poppy, after mowing.

Schedule III

Controlled equipment, materials or substances useful for manufacturing controlled drugs

• Part I
  • 1-Phenyl-2-propanone also known as Phenylacetone
  • 3,4-methylenedioxyphenyl-2-propanone
  • Camazepam (may be used to manufacture temazepam also known as (9-chloro-2-methyl-3-oxo-6-phenyl-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-4-yl) N,N-dimethylcarbamate
  • Clonazepam also known as 6-(2-chlorophenyl)-9-nitro-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Diazepam (may be used to manufacture temazepam) also known as 7-chloro-1-methyl-5-phenyl-1,3-dihydro-2H-1,4-benzodiazepin-2-one
  • Ephedrine also known as (1R,2S)-2-(methylamino)-1-phenylpropan-1-ol
  • Ergometrine also known as Ergonovine or Ergobasine
  • Ergotamine also known as Ergotaman-3',6',18-trione, 12'-hydroxy-2'-methyl-5'-(phenylmethyl)-, (5'-alpha)- (9CI)
  • Estazolam (may be used to manufacture triazolam) also known as 8-Chloro-6-phenyl-4H-1,2,4-triazolo(4,3-a)-1,4-benzodiazepine
  • Isosafrole also known as 1,2-(Methylenedioxy)-4-propenylbenzene
  • Lorazepam (may be used to manufacture temazepam) also known as 9-chloro-6-(2-chlorophenyl)-4-hydroxy-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Lormetazepam (may be used to manufacture temazepam) also known as 9-chloro-6-(2-chlorophenyl)-4-hydroxy-2-methyl-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Lysergic acid also known as 9,10-didehydro-6-methylergoline-8-carboxylic acid
  • N-acetylanthranilic acid also known as N-Acetyl-o-aminobenzoic acid
  • Nitrazepam (may be used to manufacture flunitrazepam and nimetazepam) also known as 9-nitro-6-phenyl-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Oxazepam (may be used to manufacture temazepam) also known as 9-chloro-4-hydroxy-6-phenyl-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Piperonal also known as 3,4-(Methylenedioxy)benzaldehyde or Piperonylaldehyde
  • Prazepam (may be used to manufacture flutoprazepam) also known as 9-chloro-2-(cyclopropylmethyl)-6-phenyl-2,5-diazabicyclo[5.4.0]undeca-5,8,10,12-tetraen-3-one
  • Pseudoephedrine also known as β-Hydroxy-N-methylamphetamine
  • Safrole also known as 4-Allyl-1,2-methylenedioxybenzene

• Part II
  • Acetic anhydride also known as Acetic oxide
  • Acetone also known as 2-Propanone or Dimethyl ketone
  • Anthranilic acid also known as o-Aminobenzoic acid
  • Ethyl ether also known as Ether or Diethyl ether or Ethyl oxide or Diethyl oxide or Ethoxyethane or 1, 1'-Oxybisethane
  • Hydrochloric acid
  • Methyl ethyl ketone also known as 2-Butanone
  • Phenylacetic acid also known as Benzeneacetic acid or a-Toluic acid
  • Piperidine also known as Hexahydropyridine
  • Potassium permanganate
  • Sulphuric acid
  • Toluene also known as Methylbenzene or Phenylmethane

See also

• Capital punishment for drug trafficking
• Criminal law of Singapore
• Law of Singapore
• Nguyen Tuong Van

References

• Misuse of Drugs Act (Cap. 185)