Misuse of Drugs Act 1973 | |
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Parliament of Singapore | |
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Citation | No. 5 of 1973 |
Enacted by | Parliament of Singapore |
Enacted | 16 February 1973 |
Assented to | 7 July 1973 |
Commenced | 7 July 1973 |
Legislative history | |
Bill title | Misuse of Drugs Bill |
Bill citation | Bill No. 46/72 |
Introduced by | Chua Sian Chin (Minister for Health and Home Affairs) |
Introduced | 25 November 1972 |
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 | |
Status: Amended |
The Misuse of Drugs Act 1973 is a statute of the Parliament of Singapore that enables authorities to prosecute offenders for crimes involving illegal drugs. The law is designed specifically to grant the Government of Singapore, through its agencies such as the Central Narcotics Bureau, enforcement powers to combat offences such as the trafficking, importation or exportation, possession, and consumption of controlled drugs. [1]
Despite its close proximity to the major drug producing areas of the Golden Triangle, in the late 1960s Singapore had relatively little hard drug use, with an estimated 8,000 local opium addicts out of a total population of just over 2 million people. These regular users tended to be older Chinese Singaporean men, whose activities the authorities often turned a blind eye due to the younger generation of Singaporeans not picking up the same habits. MX pills were freely available and widely abused a recreational drug, while cannabis smoking became more widespread as the hippie culture became popular. However, in the early 1970s a sudden heroin epidemic swept through the city state, addicting over 3% of the young male population within a couple of years, with virtually all of them chasing the dragon with low quality (less than 40% pure) Heroin Number 3. [2] [3]
As Singapore is a small island nation with no exportable natural resources, its economic model at the time was based on added-value activities (such as factory work or sea-bourne cargo logistics) from an industrious and efficient society, which the possibility of a large percentage of the population becoming unproductive due to drug addiction posed an enormous economic threat. The Government of Singapore responded with a zero tolerance policy regarding the abuse of all types of drugs, aiming to rapidly contain the sudden heroin epidemic via new laws that proscribed harsh punishments for both traffickers (such as the death penalty) and consumers (including caning) alike. [4] [5] [6]
"Once ensnared by drug dependence, they will no longer be productive digits contributing to our economy and social progress. They will not be able to carry on with their regular jobs. Usually for the young men, they will turn to all sorts of crimes and, for the girls, to prostitution to get money to buy their badly needed supply of drugs. Thus, as a developing country, our progress and very survival will be seriously threatened" [7]
Minister for Home Affairs Chua Sian Chin addressing Parliament in 1975 regarding the threat heroin addiction posed to Singapore as a country
The Misuse of Drugs Act 1973 classifies narcotic 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 severe 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 while section 8A prohibits any citizen or permanent resident of Singapore to use any prohibited drug outside of the country, and if found guilty to be punished as if they committed that act within the country.
Section 17 of the Misuse of Drugs Act [8] 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:
Controlled Drug | Presumed trafficking | Death penalty or life imprisonment with min 15 strokes of the cane (eligible) [9] |
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opium [10] | 100 grams (3.5 oz) | 1,200 grams (42 oz) |
morphine [11] | 3 grams (0.11 oz) | 30 grams (1.1 oz) |
diamorphine (heroin) | 2 grams (0.071 oz) | 15 grams (0.53 oz) [12] |
cannabis [13] | 15 grams (0.53 oz) | 500 grams (18 oz) |
cannabis mixture | 30 grams (1.1 oz) | 1,000 grams (35 oz) |
cannabis resin | 10 grams (0.35 oz) | 200 grams (7.1 oz) |
cocaine | 3 grams (0.11 oz) | 30 grams (1.1 oz) [14] |
methamphetamine | 25 grams (0.88 oz) | 250 grams (8.8 oz) [15] |
10 grams (0.35 oz) of any or any combination of the following: |
The possession, consumption, manufacturing, import, export, or trafficking of these and other controlled drugs in any amount is illegal. Persons caught with less than the Mandatory Death Penalty amounts of these controlled substances face penalties ranging from caning [16] (up to 24 strokes) to life in prison. Pursuant to a law change in 2009, cannabis (marijuana) and marijuana mixtures (diluted with other substances) are treated the same under Singapore law—the presumed intent is trafficking.
Some examples include:
Some examples include:
For the purposes of this Paragraph:
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The term narcotic originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates and opioids, commonly morphine and heroin, as well as derivatives of many of the compounds found within raw opium latex. The primary three are morphine, codeine, and thebaine.
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
The Single Convention on Narcotic Drugs, 1961 is a United Nations treaty that controls activities of specific narcotic drugs and lays down a system of regulations for their medical and scientific uses; it also establishes the International Narcotics Control Board.
The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 is one of three major drug control treaties currently in force. It provides additional legal mechanisms for enforcing the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances. The Convention entered into force on November 11, 1990. As of June 2020, there are 191 Parties to the Convention. These include 186 out of 193 United Nations member states and the Holy See, the European Union, the Cook Islands, Niue, and the State of Palestine.
The Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs was a drug control treaty promulgated in Geneva on 13 July 1931 that entered into force on 9 July 1933.
The Misuse of Drugs Act 1977, the Misuse of Drugs Act 1984, Misuse of Drugs Act 2015 and the Criminal Justice Act 2010 are the acts of the Oireachtas regulating drugs in Ireland. The acts define the penalties for unlawful production, possession and supply of drugs.
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The Controlled Drugs and Substances Act is Canada's federal drug control statute. Passed in 1996 under Prime Minister Jean Chrétien's government, it repeals the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and establishes eight Schedules of controlled substances and two Classes of precursors. It provides that "The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest."
Nimetazepam is an intermediate-acting hypnotic drug which is a benzodiazepine derivative. It was first synthesized by a team at Hoffmann-La Roche in 1964. It possesses powerful hypnotic, anxiolytic, sedative, and skeletal muscle relaxant properties. Nimetazepam is also a particularly potent anticonvulsant. It is marketed in 5 mg tablets known as Erimin, which is the brand name manufactured and marketed by the large Japanese corporation Sumitomo. Japan is the sole manufacturer of nimetazepam in the world. Outside of Japan, Erimin is available in much of East and Southeast Asia and was widely prescribed for the short-term treatment of severe insomnia in patients who have difficulty falling asleep or maintaining sleep. Sumitomo has ceased manufacturing Erimin since November 2015. It is still available as a generic drug or as Lavol.
The Golden Triangle is a large, mountainous region of approximately 200,000 km2 (77,000 sq mi) in northeastern Myanmar, northwestern Thailand and northern Laos, centered on the confluence of the Ruak and Mekong rivers. The name "Golden Triangle" was coined by Marshall Green, a U.S. State Department official, in 1971 in a press conference on the opium trade. Today, the Thai side of the river confluence, Sop Ruak, has become a tourist attraction, with the House of Opium Museum, a Hall of Opium, and a Golden Triangle Park, and no opium cultivation.
A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.
The illegal drug trade in China is influenced by factors such as history, location, size, population, and current economic conditions. China has one-sixth of the world's population and a large and expanding economy. China's large land mass, close proximity to the Golden Triangle, Golden Crescent, and numerous coastal cities with large and modern port facilities make it an attractive transit center for drug traffickers. Opium has played an important role in the country's history since before the First and Second Opium Wars in the mid-19th century.
The Opium Law is the section of the Dutch law which covers nearly all psychotropic drugs.
The Convention on Psychotropic Substances of 1971 is a United Nations treaty designed to control psychoactive drugs such as amphetamine-type stimulants, barbiturates, benzodiazepines, and psychedelics signed in Vienna, Austria on 21 February 1971. The Single Convention on Narcotic Drugs of 1961 did not ban the many newly discovered psychotropics, since its scope was limited to drugs with cannabis, coca and opium-like effects.
The Decree-Law 15/93 of January 22 is a Portuguese drug control law implementing the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
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The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914. The Harrison Act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible.
Drugs considered addictive or dangerous in the United Kingdom are called "controlled substances" and regulated by law. Until 1964 the medical treatment of dependent drug users was separated from the punishment of unregulated use and supply. Under this policy drug use remained low; there was relatively little recreational use and few dependent users, who were prescribed drugs by their doctors as part of their treatment. From 1964 drug use was decreasingly criminalised, with the framework still in place as of 2014 largely determined by the Misuse of Drugs Act.
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