s 11P Instructing person to manufacture or consume psychoactive substance, etc.
11P.—(1) A person (A) who, whether or not through the use of any electronic media, teaches or instructs another person (B) to carry out, or who provides information to B on the carrying out of, any of the following activities:(a) the manufacture of any psychoactive substance; (b) the smoking, administering or consuming of any psychoactive substance; (c) the trafficking or doing of any act preparatory to or for the purpose of trafficking in any psychoactive substance; (d) the importing into or exporting from Singapore of any psychoactive substance, knowing or having reason to believe that B intends to carry out the activity, shall be guilty of an offence. (2) A person who disseminates or publishes, or causes the dissemination or publication of, information (whether or not through the use of any electronic media) on the carrying out of any activity mentioned in subsection (1) shall be guilty of an offence. (3) Subject to subsection (4), a person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term not exceeding 10 years. (4) If a person —(a) has a previous conviction —(i) under subsection (1); or (ii) under section 11D(1), 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), that person shall on conviction be punished with imprisonment for a term of not less than 2 years and not more than 10 years. (5) Subject to subsection (6), a person who is guilty of an offence under subsection (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 5 years or to both. (6) If a person —(a) has a previous conviction —(i) under subsection (2); or (ii) under section 11D(2), 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 (2), that person shall on conviction be punished with imprisonment for a term of not less than 12 months and not more than 5 years. (7) In a prosecution for an offence under subsection (1), it is not necessary for the prosecution to prove, in relation to any activity mentioned in that subsection for which B is taught, instructed or provided with information, that —(a) B carries out the activity after B is so taught, instructed or provided with information; or (b) both A and B are within Singapore at the time when B is so taught, instructed or provided with information, as long as either A or B is within Singapore at that time. (8) Subsection (1) does not apply in relation to A teaching or instructing B to carry out, or providing information to B on the carrying out of, any activity mentioned in that subsection if the teaching, instructing or provision of information is authorised under this Act. (9) In any proceedings for an offence under subsection (1), it is a defence for the accused to prove, on a balance of probabilities, that —(a) if the offence relates to any activity mentioned in subsection (1) — the teaching, instructing or provision of information has a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art; (b) if the offence relates to any activity mentioned in subsection (1)(a) — the accused believed that B intended to manufacture the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption; or (c) if the offence relates to any activity mentioned in subsection (1)(c) or (d) — the accused believed that B intended to traffic or do any act preparatory to or for the purpose of trafficking, or import or export, the psychoactive substance for a legitimate purpose other than human consumption, regardless of whether that psychoactive substance is or is not fit for human consumption. (10) Subsection (2) does not apply in relation to any dissemination or publication of information on the carrying out of any activity mentioned in subsection (1) if the dissemination or publication of information is authorised under this Act. (11) In any proceedings for an offence under subsection (2), it is a defence for the person who disseminates or publishes information on the carrying out of any activity mentioned in subsection (1) to prove, on a balance of probabilities, that the dissemination or publication of information had a legitimate purpose related to the administration of justice, the investigation and prosecution of offences, or to science, medicine, education or art.[Act 12 of 2023 wef 01/06/2024]