s 11I Possession and consumption of psychoactive substance
11I.—(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.[Act 12 of 2023 wef 01/06/2024]