MISUSE OF DRUGS ACT (Cap. 185, 2008 Rev Ed) (MDA)
The law on possession and consumption
Under section 8(a) of the MDA, it is an offence for a person to have in his possession a controlled drug. 8(b) of the same act states that it is an offence for a person to smoke, administer to himself, or otherwise consume a controlled or specified drug. The list of controlled drugs can be found in the First Schedule of the MDA, while the list of specified drugs can be found in the Fourth Schedule of the same act.
Under the Second Schedule of the MDA, the punishment for possession of a controlled drug is an imprisonment term of up to 10 years or $20,000 fine or both. For a first-time offender, there is no minimum or mandatory sentence. There is a minimum sentence of 2 years’ imprisonment for second and subsequent offences.
Under section 33(3A) of the MDA, any person convicted of an offence under section 8(b) for consumption of a controlled or specified drug shall be punished with the following:
| Conviction count | Punishment |
| 1st conviction | 1 to 10 years’ imprisonment and fine not exceeding $20,000 |
| 2nd conviction | 3 to 10 years’ imprisonment and fine not exceeding $20,000 |
| 3rd conviction | 5 to 7 years’ imprisonment and 3 to 6 strokes of the cane |
| 4th conviction | 7 to 13 years’ imprisonment and 6 to 12 strokes of the cane |
Factors affecting sentence
Offences involving a Class A drug will be viewed as more serious. Mitigating factors include an early plea of guilt and tender age. In the case of youthful offenders, rehabilitation has consistently been the court’s dominant sentencing consideration.
Drug rehabilitation center (DRC) and Enhanced Direct Supervision Order
If the court is satisfied that an offender has high capacity for reform and rehabilitation, it can make an order for the offender to undergo a stint in the DRC for up to 4 years.
The DRC offers psychological-based intervention programmes that target ex-offenders’ mindsets and attitudes towards drug use. Abusers deemed to be at a higher risk of reoffending will undergo scenario-based simulations that focus on situations that may lead to drug use, equipping them with strategies to turn away from drugs. DRC also provides family programmes, as well as vocational and employability skills training to facilitate the re-entry of ex-offenders into society.
An article on the Ministry of Home Affairs website, titled “Three things you should know about the enhanced drug rehabilitation regime”, stated that Singapore’s rehabilitation regime for drug abusers has been strengthened. While offenders arrested for the first and second time underwent rehabilitation at the DRC, those arrested for the third time (or more) used to be subject to long-term imprisonment. But under the Misuse of Drugs (Amendment) Bill 2018, the DRC regime has been extended to third-time (and above) abusers, if they have not committed other concurrent offences.
This is part of Parliament’s slight shift away from the philosophy of applying long-term detentions in the case of drug consumption and possession offences. Law and Home Affairs Minister K Shanmugam stated in a news article released by TodayOnline, updated on 16 January 2019, that:
“Adult abusers who do not face other concurrent criminal charges will be channelled to a rehabilitation pathway. Around half of the abusers liable for long-term imprisonment can now be channelled to the rehabilitation regime. Long periods of detention affect their ability to reintegrate back into society.
First-time abusers assessed by the Central Narcotics Bureau to be at low risk of further abuse will be put on a non-custodial supervision order called the Enhanced Direct Supervision Order. They will be assigned a case manager to support them and their families.” [Emphasis added]
The Enhanced Direct Supervision Order includes compulsory counselling, and can last for a period of up to 5 years.
For more information, please contact our criminal lawyer, Ray Louis, at 9090 8288.