Misuse of Drugs Act 1973 · 2020 Revised Edition · Part 2A · Offences Involving Psychoactive Substances
11N. Exposing child to psychoactive substance, etc., and permitting young person to consume psychoactive substance
Feedback & supportLast amended by an amending law of 2023.
A person of or above 21 years of age shall be guilty of an offence if the person, being in possession of any psychoactive substance or paraphernalia —
knowingly or recklessly leaves the psychoactive substance or paraphernalia —
exposed in any place; or
in any refrigerator, cupboard, cabinet, box, chest or any other article, that is not locked; and
knows that any child has, or is likely to have, access to —
the place where the psychoactive substance or paraphernalia is left exposed; or
the refrigerator, cupboard, cabinet, box, chest or other article in which the psychoactive substance or paraphernalia is located.
A person of or above 21 years of age shall be guilty of an offence if the person, being in possession of any psychoactive substance —
permits a young person to smoke, administer (whether or not to himself or herself) or consume the psychoactive substance; or
does not take all reasonable steps to prevent a young person from smoking, administering (whether or not to himself or herself) or consuming the psychoactive substance.
Subject to subsection (4), a person who is guilty of an offence under subsection (1) or (2) shall on conviction be punished with imprisonment for a term not exceeding 10 years.
If a person —
has a previous conviction —
under subsection (1) or (2); or
under section 11B(1) or (2), 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) or (2),that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years.
Subsection (1) does not apply in relation to a person who is in possession of any psychoactive substance or paraphernalia if the possession of the psychoactive substance or paraphernalia is authorised under this Act.
In any proceedings for an offence under subsection (1) in relation to the possession of a psychoactive substance, 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.
In this section —
“child” means any person below 16 years of age;
“paraphernalia” means any pipe, syringe, utensil, apparatus or other article for the purpose of smoking, administering or consuming a psychoactive substance.