Illegal Drug Consumption

Recent interviews

Recently, our Managing Director, Mr Clarence Lun (https://www.facebook.com/FerventChambersLLC/videos/3385929415062204), and Director, Mr Wilson Foo (https://www.channelnewsasia.com/singapore/cannabis-drug-laws-outside-singapore-hair-test-cna-explains-2916026), were interviewed by Channel NewsAsia in relation to the overseas consumption of drugs by Olympic gold medallist Joseph Schooling
Quite apart from the media publicity in that case, while Singaporeans know it is illegal to consume drugs, do they know what that really entails?

Enhanced Direct Supervision Order

Singapore has moved away from incarceration as the first port of call for drug consumption since 2019
An Enhanced Direct Supervision Order can be made under s. 34 (2) (a) of the Misuse of Drugs Act for 1st time offenders
This includes compulsory counselling and lasts for up to 5 years
Parents and guardians of those under 21 may also be required to attend counselling under s. 34A of the Misuse of Drugs Act

Drug Rehabilitation Centre

Repeat abusers may be sent to the Drug Rehabilitation Centre under s. 34 (2) (a) of the Misuse of Drugs Act
Maximum detention period is 4 years under s. 34 (5) of the Misuse of Drugs Act
They must admit their drug use (https://www.mha.gov.sg/mediaroom/parliamentary/second-reading-speech-for-misuse-of-drugs-act-amendment-bill-speech-by-mr-k-shanmugam-minister-for-home-affairs-and-minister-for-law)
Offenders previously subject to the Long-Term Imprisonment regime may now be allowed to be admitted to the Drug Rehabilitation Centre if they do not have any other criminal offence and the Attorney-General’s Chambers and Central Narcotics Bureau agree that they do not need to be charged

Conviction and Long-Term Imprisonment

Those who deny their consumption or have other criminal charges will be charged in court
Upon conviction, there is now a mandatory minimum imprisonment term of 1 year under s. 33 (3A) of the Misuse of Drugs Act
The 2nd offence attracts at least 3 years’ imprisonment under s. 33 (4)
After that, the offender may be subject to Long-Term Imprisonment:
S. 33A (1): Minimum of 5 years and 3 strokes of the cane
S. 33A (2): Minimum of 7 years and 6 strokes of the cane
Caning applies to males only

Urine and Hair Tests

Why is a urine test result so significant?
Under s. 22 of the Misuse of Drugs Act, a positive urine test triggers a presumption that the person has consumed a controlled drug in contravention of s. 8 (b) of the Misuse of Drugs Act
Hair tests may also be conducted under s. 31A of the Misuse of Drugs Act
However, there is no equivalent presumption for a hair test
The effect of the presumption is that it shifts the burden of proof from the Prosecution having to prove beyond reasonable doubt, to the Accused having to rebut the presumption on a balance of probabilities

Overseas Drug Consumption

S. 8A of the Misuse of Drugs Act allows for Singapore citizens or permanent residents to be prosecuted for drug consumption overseas where they are found as a result of urine tests to have consumed the drug
Hair tests do not work here!
This was introduced in 1998 to stop local addicts from intentionally making trips out of Singapore to neighbouring countries to get their fixes, making a mockery of our drug laws

Drug Utensils

Why was Amanda Lim caught?
She possessed a “weed grinder”
This is known as a drug utensil
It is illegal to possess “any pipe, syringe, utensil, apparatus or other article intended for the smoking, administration or consumption of a controlled drug” under s. 9 of the Misuse of Drugs Act

Singapore Armed Forces

Possession and consumption of drugs by a serviceman or servicewoman may be punished under s. 34 of the Singapore Armed Forces Act instead
However, this is not worded extra-territorially
As a matter of MINDEF policy, even if there is no prosecution, the person may be subject to a supervised urine test regime (https://www.mindef.gov.sg/web/portal/mindef/news-and-events/latest-releases/article-detail/2022/August/30aug22_mq)

Conclusion

DIRECTOR

HEAD OF CRIMINAL AND FAMILY PRACTICE