Misuse of Drugs Act 1973 · 2020 Revised Edition · Part 2A · Offences Involving Psychoactive Substances
11I. Possession and consumption of psychoactive substance
Feedback & supportLast amended by an amending law of 2023.
Except as authorised by this Act, it shall be an offence for a person to —
have in his or her possession a psychoactive substance; or
smoke, administer to himself or herself or otherwise consume, a psychoactive substance.
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.
If a person —
has a previous conviction —
under subsection (1)(a); or
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
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.
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.