Singapore’s Laws on Psychoactive Substances: Possession, Consumption, Trafficking, Etc.

Last updated on February 14, 2025

Singapore has long been known for its strict approach to law enforcement, particularly when it comes to drug-related offences. In an effort to maintain public order and protect the well-being of its citizens, Singapore imposes a zero-tolerance policy toward drugs. The rising threat of psychoactive substances challenges this policy, as they are a new type of drug that was not regulated under previous laws. Hence, the Misuse of Drugs Act was amended to incorporate new offences relating to, and specific to, psychoactive substances.

This article explores the reformed legal framework governing psychoactive substances in Singapore, detailing the laws surrounding their possession, consumption, trafficking, and the harsh penalties individuals may face if convicted. It will cover the following topics:

What are Considered “Psychoactive Substances”?

Under the Misuse of Drugs Act (MDA), a “psychoactive substance” is defined as “a substance or product that has the capacity to have a psychoactive effect on an individual if the individual smokes, administers to himself or herself or otherwise consumes, the substance or product”.

In turn, a “psychoactive effect” is defined as “the stimulation or depression, whether directly or indirectly, of an individual’s central nervous system, affecting the individual’s mental functioning or emotional state”.

Common names for psychoactive substances include:

Spice
K2
Bath Salts
Kronic
Bromo-Dragonfly
Mushroom
Synthetic Cannabis
BZP
TFMPP
Mephedrone.

However, psychoactive substances do not include any “excluded substance”, even if they may affect an individual’s mental functioning or emotional state. These “excluded substances” are specified in the Fifth Schedule of the MDA, and include products such as poppy seeds, tobacco, alcohol, herbal medicine and caffeine products.

The rationale for excluding these substances is that they either have legitimate uses or are already controlled under other existing regulatory frameworks. For example, caffeine products or herbal medicine have legitimate uses and are not meant to be caught under the latest laws against psychoactive substances. On the other hand, tobacco and alcohol are already regulated under the Tobacco (Control of Advertisements and Sale) Act 1993 and the Liquor Control (Supply and Consumption) Act 2015 respectively.

Are Psychoactive Substances Different From Controlled Drugs? How?

Psychoactive substances are different from controlled drugs (e.g. cannabis, heroin, cocaine, Ecstasy or methamphetamine), in that they are produced by slightly modifying the chemical structures of existing controlled drugs to create new variations. This is intended to evade the current legal definitions of controlled drugs. Whilst the chemical makeup may be different, psychoactive substances mimic the effects of the more traditionally controlled drugs.

Possession of Psychoactive Substances in Singapore

In Singapore, it is an offence to possess a psychoactive substance. Offenders may be liable to a maximum imprisonment term of 10 years and/or a fine of $20,000. Harsher penalties will be imposed on persons with previous convictions of possessing/consuming psychoactive substances or other drugs outlawed under the MDA. Such persons may be liable upon conviction to a minimum imprisonment term of 2 years and maximum imprisonment term of 10 years, and shall also be liable to a fine of up to exceeding $20,000.

A person is presumed to have a psychoactive substance in their possession if they are proven to have had in their possession:

Anything containing a psychoactive substance;
The keys of anything containing a psychoactive substance;
The keys of any place or premises or any part of that place or premises in which a psychoactive substance is found; or
A document of title relating to a psychoactive substance or any other document intended for the delivery of a psychoactive substance.

Additionally, in a group setting, even where just one person has a psychoactive substance in their possession, if everyone knows and consents to that person having the psychoactive substance, then everyone is deemed to have in their possession the psychoactive substance. For example, 3 friends are hanging out, and one of them informs the others that he has a psychoactive substance with him. The other two agree to continue hanging out with him. If, while they are still hanging out, they are arrested, all three of them are liable for possession of the psychoactive substance.

Consumption of Psychoactive Substances in Singapore

It is also an offence to consume a psychoactive substance. Offenders may similarly be liable to a maximum imprisonment term of 10 years or a fine of $20,000 or both. As is the case for the possession of psychoactive substances, harsher punishments will be imposed on persons with previous convictions of possessing/consuming psychoactive substances or other drugs outlawed under the MDA.

If you are a Singapore citizen or permanent resident, you may also be caught for committing an offence of consumption, even if you consume the psychoactive substance overseas, if your urine tests indicate that you have consumed a psychoactive substance. The punishment is the same as if the offence had been committed within Singapore.

There are also several other offences that are related to the consumption of psychoactive substances:

It is an offence to have in one’s possession any article intended for the consumption of a psychoactive substance, including pipes, syringes, utensils, or other apparatuses. A person who is convicted of such an offence may be liable to a maximum imprisonment term of 3 years or a fine of $10,000 or both.
It is an offence to permit a young person to consume a psychoactive substance, or to not take all reasonable steps to prevent a young person from consuming the psychoactive substance. The punishment is a maximum imprisonment term of 10 years. A young person is someone who is below 21 years of age. Examples of reasonable steps could be, if one lives with a young person, to keep the psychoactive substance somewhere that the young person is not able to access. Alternatively, if the young person has already found the psychoactive substance, and is about to consume it, a reasonable step would be to immediately remove the psychoactive substance from his/her possession.

Trafficking of Psychoactive Substances in Singapore

Lastly, it is also an offence to traffic in a psychoactive substance, to offer to traffic in a psychoactive substance or to do or offer to do anything in preparation for or for the purpose of trafficking in a psychoactive substance.

The MDA defines “traffic” as selling, giving, administering, transporting, sending, delivering or distributing”, or offering to do any of the above. It does not matter whether you are trafficking in the psychoactive substance on your own behalf, or on behalf of any other person (even if the other person is not in Singapore). You can also be liable for the offence of trafficking if you have in your possession that psychoactive substance for the purpose of trafficking.

If you are convicted of the above, you will be liable to a minimum imprisonment term of 2 years and maximum imprisonment term of 10 years, and also be fined between $4,000 and $10,000. As is the case above, harsher punishments will be imposed on persons with previous convictions of trafficking in psychoactive substances or other drugs outlawed under the MDA. Such persons may be liable to a minimum imprisonment term of 4 years and a maximum imprisonment term of 20 years, and also be fined between $8,000 and $20,000.

Harsher punishments will also be imposed on persons of or above 21 years of age, where the intended recipient of the psychoactive substance is a young person or a vulnerable person. Such persons will be liable upon conviction to a minimum imprisonment term of 4 years and maximum imprisonment term of 20 years, and shall also be liable to caning of at least 4 strokes and up to 15 strokes. A vulnerable person refers to someone who suffers from a mental disability which impairs their ability to make a proper judgment in relation to the commission of an offence.

Another offence that is related to trafficking in psychoactive substances is the introduction of a psychoactive substance trafficker to another person. For example, Harry informs Tom that he intends to buy a psychoactive substance. Tom then gives Harry the telephone number of his “supplier” Charles, whom he knows sells psychoactive substances. By doing so, Tom is committing the above offence, and the punishment for committing such an offence is a maximum imprisonment term of 10 years.

Other Offences Relating to Psychoactive Substances, Their Penalties, and Applicable Defences

Other than the offences mentioned above, the MDA also criminalises other conduct relating to psychoactive substances. A full list of the offences relating to psychoactive offences under the Act, their corresponding default penalties and applicable defences, is set out in the table below.

S/N	Offence (Relevant Section of the Act)	Who will be penalised?	Penalties*	Defences
1.	Trafficking in a psychoactive substance, offering to traffic in a psychoactive substance, or to do or offer to do any act in preparation for or for the purpose of trafficking in a psychoactive substance (Section 11F)	The person engaged in trafficking	Imprisonment: Minimum of 2 years and maximum of 10 years; and Fine: Minimum of $4,000 and maximum of $10,000	The accused intended or believed that the psychoactive substance would be used for a legitimate purpose** other than human consumption
2.	Manufacturing of a psychoactive substance (Section 11G)	The person engaged in manufacturing	Imprisonment: Minimum of 5 years and maximum of 20 years; and Fine: Minimum of $10,000 and maximum of $20,000	The accused manufactured the psychoactive substance for a legitimate purpose other than human consumption
3.	Importing into or exporting from Singapore a psychoactive substance (Section 11H)	The person engaged in importing or exporting	Imprisonment: Minimum of 3 years and maximum of 20 years; and Fine: Minimum of $6,000 and maximum of $20,000	The accused imported or exported the psychoactive substance for a legitimate purpose other than human consumption
4.	Possession of a psychoactive substance (Section 11I)	The person in possession	Imprisonment: maximum of 10 years; Fine: maximum of $20,000; or Both	The accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption
5.	Consumption of a psychoactive substance (Section 11I)	The person consuming	Imprisonment: maximum of 10 years; Fine: maximum of $20,000; or Both	–
6.	Consumption of a psychoactive substance outside Singapore by a Singapore citizen or permanent resident (Section 11J)	The person consuming	Imprisonment: maximum of 10 years; Fine: maximum of $20,000; or Both	–
7.	Possession of paraphernalia (i.e. equipment) for consumption of a psychoactive substance (Section 11K)	The person in possession	Imprisonment: maximum of 3 years; Fine: maximum of $10,000; or Both	–
8.	Being the owner, tenant, occupier or person in charge of a place or premise, and permitting or allowing that place or premises to be opened, kept or used for consumption, trafficking or manufacturing of a psychoactive substance (Section 11L)	The owner, tenant, occupier or person in charge of the place or premise	Imprisonment: minimum of 12 months and maximum of 5 years; Fine: minimum of $2,000 and maximum of $10,000; or Both	–
9.	Arranging or planning gatherings with the knowledge that a psychoactive substance is, or is to be, consumed or trafficked (Section 11M)	The person engaged in arranging or planning	Imprisonment: Minimum of 3 years and maximum of 20 years; and Caning: Maximum of 10 strokes	–
10.	Knowing or recklessly leaving a psychoactive substance or paraphernalia exposed or in an unlocked place, knowing that a child (i.e. under 16 years of age) has, or is likely to have, access to that place (Section 11N)	The person who left the psychoactive substance exposed or in an unlocked place	Imprisonment: Maximum of 10 years	The accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption
11.	Possessing a psychoactive substance and permitting a young person to consume the psychoactive substance or not taking all reasonable steps to prevent the young person from consuming the psychoactive substance (Section 11N)	The person permitting	Imprisonment: Maximum of 10 years	–
12.	Introducing a person who intends to procure a psychoactive substance or who intends to consume a psychoactive substance, to a person whom he/she knows or has reason to believe is trafficking in a psychoactive substance and is likely to supply the psychoactive substance (Section 11O)	The person introducing	Imprisonment: Maximum of 10 years	The accused believed that the other person intended to procure the psychoactive substance for a legitimate purpose other than human consumption
13.	Teaching or instructing a person to carry out, or providing information to that person on the carrying out of manufacturing, consuming, trafficking, or importing and exporting a psychoactive substance (Section 11P)	The person teaching, instructing or providing information	Imprisonment: Maximum of 10 years	The teaching, instructing or provision of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art; The accused believed that the other person intended to manufacture the psychoactive substance for a legitimate purpose other than human consumption; or The accused believed that the other person intended to traffic or import and export the psychoactive substance for a legitimate purpose other than human consumption
14.	Disseminating or publishing, or causing the dissemination or publication of, information on the carrying out of manufacturing, consuming, trafficking, or importing and exporting a psychoactive substance (Section 11P)	The person disseminating or publishing	Imprisonment: Maximum of 10 years	The dissemination or publication of information had a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art
15.	Causing or procuring a young person or vulnerable person to traffic or import and export a psychoactive substance (Section 11Q)	The person causing or procuring	Imprisonment: Minimum of 4 years and maximum of 20 years; and Caning: Minimum of 4 strokes and maximum of 15 strokes	–

*These are the default penalties that apply to each offence. Harsher penalties may apply for repeat offenders or where young or vulnerable persons are involved. Examples of these harsher penalties have been provided in the above sections.

**The scope of legitimate purposes has not been defined and would be up to the courts to decide. However, some examples of legitimate purposes could be for the purposes of scientific research or analysis, or for medical purposes.

The defences mentioned in the table above are specific to each type of offence, and can be raised if the accused is charged with the corresponding offence. However, generally speaking, when an accused person is charged with an offence related to psychoactive substances, he/she may also choose to defend him/herself by:

Disputing whether the relevant elements (i.e. the things that the Prosecution has to prove) of the offence are made out. For example, using the same example above, Tom is charged with introducing Harry whom he knows wants to purchase a psychoactive substance, to Charles whom he knows sells psychoactive substances. Tom may seek to dispute the act of “introducing” Harry to Charles, since Harry got Charles’ number from Tom’s unlocked phone when Tom briefly went to the toilet. Alternatively, Tom may also seek to dispute the mental element of “knowing” that Harry wanted to purchase a psychoactive substance, since Harry never told him about this before, and thus there was no way that he could have known about this.
Disputing whether the relevant substance is a psychoactive substance. However, under the MDA, the prosecution needs only to prove that the substance has the capacity to have a psychoactive effect on an individual who consumes it. This would be sufficient to prove that the substance is a psychoactive substance. The accused person would have to cast reasonable doubt on this. For example, the accused person could call an expert to testify that the substance in question does not in fact have the capacity to have a psychoactive effect on the consumer and therefore does not come within the definition of a psychoactive substance.
Asserting that the psychoactive substance is an excluded substance. However, under the MDA, the accused person bears the burden of proving this and must do so on a balance of probabilities. For example, if the accused person is caught in possession of something that they believe is a health product, they can argue and try to prove that being a health product, the substance is an excluded substance.

Rehabilitation for Abusers of Psychoactive Substances

Similar to abusers of controlled drugs, suspected abusers, or abusers of psychoactive substances may be required to undergo a medical examination of observation, supervision, or treatment and rehabilitation. Typically, rehabilitation is imposed in lieu of jail sentences for the offences committed.

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In conclusion, the amendments to the Misuse of Drugs Act were made to incorporate new offences relating to and specific to psychoactive substances. These range from possession, consumption and trafficking, to other more specific offences like introducing traffickers to others, disseminating information etc.

If you have been charged with an offence relating to psychoactive substances, you may wish to speak to a criminal lawyer who would be able to advise you on whether there are any applicable defences in your situation. An experienced criminal lawyer would also be able to represent you in any criminal proceeding.