Bahasa Melayu Version

 

A) Drug Laws

 

  1. Misuse of Drugs Act, Chapter 27 (PDF File)

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Misuse of Drug Regulation (PDF File)

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Misuse of Drug  (Board of Visitor for Approved Institution) Regulations (PDF File)

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Misuse of Drug (Approved Institutions and Treatment and Rehabilitation) Regulations (PDF File)

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Misuse of Drug (Approved Institution) (Discipline) Regulations (PDF File)

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Notification of Approved Institution (PDF File)

 

  1. Drug Trafficking (Recovery of Proceeds), Chapter 178

 

B) Other Legislation enforced by NCB

 

  1. Intoxicating Substances Acts. Chapter 161

  2. Poisons Act, Chapter 114

 

 

 

MISUSE OF DRUGS ACT, CHAPTER 27

 

The Misuse of Drugs Act (MDA) is the main legislation for drug offences in Brunei Darussalam.  It covers a range of controlled drugs including narcotics and psychotropic substances.  The law:

 
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stipulates all drug offences as seizable offences;

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provides sentences for every drug offences.

 

Recent amendment to the MDA was the upgrading of METHYLAMPHETAMINE offences from a Class B drug to Class A drug.

 

Death Penalty

 

With these amendment in the MDA, offences for the trafficking of Methylamphetamine of more than 50 gram will be sentenced to a mandatory death penalthy:

 

Other drugs categories which have been made provision for death penalthy are as follows:-

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15g of Diamorphine (Heroin);

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15g of Morphine;

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1,200g of Opium;

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500g of Cannabis;

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200g of Cannabis Resin;

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30g of Cocaine;

 

Presumption Clause

 

The presumption clause under Section 15 of the MDA stipulates that anyone caught in possession of a certain amount of controlled drug is presumed to be trafficking in the drug and the onus is on him to prove that the drug found on him is not for the purpose of trafficking.  The Section stipulates that a person is presumed to be trafficking in a controlled drug if he has in his possession more than;

 

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2g of Diamorphine;

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3g of Morphine;

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100g of Opium;

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15g of Cannabis;

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10g of Cannabis Resin;

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3g of Cocaine; or

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20g of Methylamphetamine

 

DRUG TRAFFICKING (RECOVERY OF PROCEEDS) ACT, CHAPTER 178

 

The Drug Trafficking (Recovery of Proceeds) Act, Chapter 178 came into force on 30th March 1996.  This is an Act to make provision for the recovery of the proceeds of drug trafficking and other provisions in connection with drug trafficking.

 

INTOXICATING SUBSTANCES ACT, CHAPTER 161

 

The Intoxicating Substances Act Chapter 161  was enforced in May 1992.  This is an Act to prohibit the misuse of certain substances which may cause intoxication when inhaled and for purposes connected therewith.

 

The penalty provided for an offence under this Order is a fine of not more than B$3,000 or imprisonment for a term not exceeding one year or both.

 

 

POISONS ACT, CHAPTER 114

 

With the amendment to the Poisons Act in 1996, the provision in Section 3A stipulates that an officer of the Narcotics Control Bureau shall, in any case relating to the commission of an offence under this Act, have all the powers of a police officer under the Criminal Procedure Code (C.P.C) in relation to an investigation into any seizable offence.

 

The penalty for any person who contravenes any provision of this Act is a fine of B$8,000 or, in default of payment, imprisonment of 6 months.

 


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