PART II

OFFENCES INVOLVING CONTROLLED DRUGS AND SUBSTANCES

Trafficking in controlled drugs
5. —(1) Except as authorised by this Act, it shall be an offence for a person, on his own behalf or on behalf of any other person, whether or not that other person is in Singapore —

(a) to traffic in a controlled drug;

(b) to offer to traffic in a controlled drug; or

(c) to do or offer to do any act preparatory to or for the purpose of trafficking in a controlled drug.

(2) For the purposes of this Act, a person commits the offence of trafficking in a controlled drug if he has in his possession that drug for the purpose of trafficking.

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Manufacture of controlled drugs
6. Except as authorised by this Act, it shall be an offence for a person to manufacture a controlled drug.

Import and export of controlled drugs
7. Except as authorised by this Act, it shall be an offence for a person to import into or export from Singapore a controlled drug.

Possession and consumption of controlled drugs
8. Except as authorised by this Act, it shall be an offence for a person to —

(a) have in his possession a controlled drug; or

(b) smoke, administer to himself or otherwise consume —

(i) a controlled drug, other than a specified drug; or

(ii) a specified drug.

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Consumption of drug outside Singapore by citizen or permanent resident
8A. —(1) Section 8 (b) shall have effect in relation to a person who is a citizen or a permanent resident of Singapore outside as well as within Singapore where he is found as a result of urine tests conducted under section 31 (4) (b) to have smoked, administered to himself or otherwise consumed a controlled drug or a specified drug.

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(2) Where an offence under section 8 (b) is committed by a person referred to in subsection (1) in any place outside Singapore, he may be dealt with as if that offence had been committed within Singapore.

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Possession of pipes, utensils, etc.
9. Except as authorised by this Act, it shall be an offence for a person to have in his possession any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug.

Cultivation of cannabis, opium and coca plants
10. It shall be an offence for a person to cultivate 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.

Manufacture, supply, possession, import or export of equipment, materials or substances useful for manufacture of controlled drugs
10A. —(1) Any person who —

(a) manufactures any controlled equipment, controlled material or controlled substance;

(b) supplies any controlled equipment, controlled material or controlled substance to another person;

(c) has in his possession any controlled equipment, controlled material or controlled substance; or

(d) imports or exports any controlled equipment, controlled material or controlled substance,

knowing or having reason to believe that the controlled equipment, controlled material or controlled substance is to be used in or for the manufacture of a controlled drug in contravention of section 6 shall be guilty of an offence.

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(2) It shall not be 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.

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Regulations on controlled substances
10B. —(1) The Minister may by regulations make provisions for —

(a) the licensing, by such person or authority as may be prescribed, of persons who intend to import or export any controlled equipment, controlled material or controlled substance;

(b) the regulation and control of the import or export of any controlled equipment, controlled material or controlled substance;

(c) imposing requirements for the registration of premises used in connection with the import, export, manufacture, processing, storage, distribution or supply of any controlled equipment, controlled material or controlled substance;

(d) imposing requirements as to the documentation of transactions involving any controlled equipment, controlled material or controlled substance;

(e) requiring the keeping of records and the furnishing of information with respect to any controlled equipment, controlled material or controlled substance;

(f) the inspection and production of records kept pursuant to the regulations; and

(g) the labelling of consignments of any controlled equipment, controlled material or controlled substance.

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

(a) the notification of the proposed exportation of any controlled equipment, controlled material or controlled substance to such countries as may be specified in the regulations; and

(b) the production, in such circumstances as may be specified, of evidence that the required notification has been given,

and any such equipment, material or substance shall be deemed to be exported contrary to a restriction for the time being in force with respect to the equipment, material or substance under such regulations if it is exported without the requisite notice being given.

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(3) 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.

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(4) 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.

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(5) No information obtained pursuant to any regulations made under this section shall 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 (Cap. 65A).

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Responsibilities of owners and tenants, etc.
11. It shall be an offence for a person being the owner, tenant, occupier or person in charge of any place or premises, to permit or suffer such place or premises or any part thereof to be opened, kept or used for —

(a) the purpose of smoking, administration or consumption of any controlled drug; or

(b) the unlawful trafficking in or the unlawful manufacturing of any controlled drug.

Abetments and attempts punishable as offences
12. Any person who abets the commission of or who attempts to commit or does any act preparatory to, or in furtherance of, the commission of any offence under this Act shall be guilty of that offence and shall be liable on conviction to the punishment provided for that offence.

Abetting or procuring commission of offences outside Singapore
13. It shall be an offence for a person —

(a) to aid, abet, counsel or procure the commission in any place outside Singapore of an offence punishable under a corresponding law in force in that place; or

(b) to do an act preparatory to, or in furtherance of, an act outside Singapore which if committed in Singapore would constitute an offence under this Act.

Offences by body corporate
14. Where any offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against accordingly.