Singapore legislation

Clause 15

New sections 22A and 22B

The principal Act is amended by inserting, immediately after section 22, the following sections:“Proof of psychoactive substance22A. In any proceedings for an offence under section 11F(1), 11G(1), 11H(1), 11I(1)(a) or (b), 11K(1), 11L(1), 11M(1), 11N(1) or (2), 11O(1), 11P(1) or (2) or 11Q(1) —

(a)

for the purpose of proving that a substance or product is a psychoactive substance —

(i)

it is sufficient for the prosecution to prove that the substance or product 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; and

(ii)

it is not necessary for the prosecution to prove that the substance or product is not an excluded substance; and

(b)

a person who asserts that the psychoactive substance mentioned in paragraph (a) is an excluded substance, bears the burden of proving that assertion on a balance of probabilities.Knowledge of psychoactive substance22B. Where knowledge that a substance is a psychoactive substance is a fault element of an offence in this Act, that fault element is established if the person alleged to have committed the offence —

(a)

knows that the psychoactive substance 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; and

(b)

did not believe or had no reason to believe that the psychoactive substance is an excluded substance,whether or not that person knows the name or chemical composition of the psychoactive substance.”.

Read in full context — Misuse of Drugs (Amendment) Bill →