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In forceAmended2020 Revised Edition

Part 2A · Offences Involving Psychoactive Substances

11I. Possession and consumption of psychoactive substance

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Amended

Last amended by an amending law of 2023.

(1)

Except as authorised by this Act, it shall be an offence for a person to —

(a)

have in his or her possession a psychoactive substance; or

(b)

smoke, administer to himself or herself or otherwise consume, a psychoactive substance.

(2)

Subject to subsection (3), a person who is guilty of an offence under subsection (1)(a) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 10 years or to both.

(3)

If a person —

(a)

has a previous conviction —

(i)

under subsection (1)(a); or

(ii)

under section 8(a), at any time before, on or after the date of commencement of section 7 of the Misuse of Drugs (Amendment) Act 2023; and

(b)

is convicted of an offence under subsection (1)(a),that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years and shall also be liable to a fine not exceeding $20,000.

(4)

In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused had the psychoactive substance in his or her possession for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption.

Report

Part 2B

General Provisions on Offences

Part 3

Evidence, Enforcement and Punishment

Part 4

Treatment and Rehabilitation

Part 5

Taking of Photographs, Finger Impressions, Particulars and Body Samples

Part 6

Committee of Inquiry

Part 7

General

Schedules