Possession, consumption or trafficking: how do the drug presumptions work?

The main drug offences

The Misuse of Drugs Act covers trafficking (which includes selling, giving, transporting and delivering drugs), importing and exporting, possession, and consumption. Drugs are grouped into classes, and the punishment depends on the class and the quantity involved.

Penalties are severe. Trafficking in large quantities of certain drugs can carry the death penalty.

What a presumption does

Normally the Prosecution must prove every part of an offence. The Act contains presumptions which, once certain facts are shown, treat other facts as proved unless the accused proves otherwise. This shifts the burden onto the accused person.

Possession and knowledge

If drugs are found in something you own, such as a backpack, in your home, or in a place you hold the keys to, such as a locker, you can be presumed to have possessed them and to have known they were drugs. You would then need to prove that this was not the case.

The trafficking presumption

If you are found with more than a set quantity of a drug, the Act presumes the drugs were for trafficking. The quantities differ from drug to drug. The accused bears the burden of proving the drugs were not for trafficking, for example that they were for personal use.

Because the line between a possession charge and a trafficking charge can depend on the weight involved, the charge and the evidence on quantity matter a great deal.

Consumption and urine tests

If a controlled drug is found in your urine, you can be presumed to have consumed it unless you prove otherwise.

Singapore citizens and permanent residents who take drugs outside Singapore can be dealt with as if they had consumed them in Singapore, if a urine test shows the drug.

Repeat consumption is treated more seriously. Several firms describe a mandatory minimum of three years’ imprisonment where a person has an earlier drug admission or conviction. For some people charged with consumption, rehabilitation orders at an approved centre may be available instead of, or as well as, prison.

Why early advice matters

Drug cases are usually investigated by the Central Narcotics Bureau, which takes detailed statements. Given how the presumptions work, firms advise getting legal advice as early as possible, including before giving statements if you can. This guide is general information, not advice on any case.