These changes are largely to deal with the problem of new psychoactive substances, which started becoming an issue in the past decade. - CNB
SINGAPORE (The Straits Times/Asia News Network): Singapore may soon be taking a new approach to illicit drugs, giving them a broader definition to cover evolving variants of psychoactive substances, as well as enhancing punishments for drug possession.
Proposed amendments to the Misuse of Drugs Act (MDA) and the Constitution will define psychoactive substances as any substance that is abused for a high.
This however, will exclude substances like alcohol, caffeine, tobacco, food additives and health products, which are regulated under other laws.
The proposed amendments were introduced in Parliament on Friday (Feb 24).
The amendments introduce a new legislative framework for psychoactive substances, by criminalising the trafficking, manufacture, import, export, possession and consumption of such substances.
They also allow for the arrest and detention of abusers for treatment and rehabilitation, and increase the punishment for the possession of large quantities of more dangerous and harmful controlled drugs such as cocaine, cannabis and methamphetamine.
These changes are largely to deal with the problem of new psychoactive substances (NPS), which started becoming an issue in the past decade.
NPS are substances which mimic the effects of the more traditionally controlled drugs like cannabis, heroin and cocaine.
These are typically artificial substances made to bypass drug laws by having a modified chemical structure, thus evading the current legal definitions of controlled drugs.
Between 2014 and 2017, only 11 abusers were caught in total, making the yearly average just slightly under three people in that period.
But the number has gone up sharply, averaging 235 abusers per year since 2018.
There have also been at least four NPS-related deaths here since 2016.
Many NPS have been listed as controlled drugs under the MDA over the years, allowing the Central Narcotics Bureau (CNB) to seize the drugs and prosecute offenders.
This means that when new variants are created and sold by drug syndicates, CNB is unable to take action to prevent their abuse and sale until they are defined and listed under the Act.
Since 2009, there have been an average of about 75 new NPS reported per year, according to the United Nations Office on Drugs and Crime.
The Ministry of Home Affairs (MHA) said: “The authorities are always playing catch-up, due to the lag from the time a new form of psychoactive substance is first detected to the time it is listed in the First Schedule of the MDA.
“(The amendments) will allow CNB to take enforcement action against illicit activities involving psychoactive substances that are not yet scheduled as controlled drugs.”
The amendments will allow for the control of substances based on their capacity to produce a psychoactive effect, rather than chemical structure.
These will also officially be defined as “psychoactive substances”.
Similar legal approaches are used by Britain and Australia.
The legislation however, will provide defences that can be invoked by an accused person, such as if the psychoactive substance is intended to be used for a legitimate purpose, and not for human consumption.
Another proposed amendment is to enhance the punishment of repeat offenders and offenders who possess large amounts of controlled drugs deemed to be more dangerous and harmful.
If the Bills are passed, offenders previously convicted of trafficking a controlled drug and who are then later convicted of trafficking a psychoactive substance will be considered repeat traffickers and subject to enhanced punishments.
There will also be enhanced punishments, including caning, for the possession of selected drugs above certain weight thresholds.
These selected drugs include cannabis, methamphetamine, cocaine, morphine, diamorphine and opium.
MHA said enhanced punishments are proposed because, in recent years, syndicates are more willing to deal in larger quantities of controlled drugs per transaction, resulting in greater potential harm.
It added that a more deterrent punishment was thus necessary.
With the proposed amendments, the same authority to arrest and detain people over controlled drugs will be extended to the newly defined psychoactive substances.
Earlier in February, CNB said during the release of its annual statistics for 2022 that it was concerned about the shifting attitudes towards drug use among the young.
Sam Tee, director of CNB, had called for a clear zero-tolerance stand against drug abuse, saying people should speak out against it.
“Singapore’s focus is on building a drug-free society, not a drug-tolerant one,” he said.
“As a small nation, we can ill afford the societal devastation that can be caused by widespread drug addiction as witnessed in other countries.”
