Drug Laws

 

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

• Misuse of Drug Regulation
  

• Misuse of Drug (Board of Visitor for Approved Institution) Regulations                         
  

• Misuse of Drug (Approved Institutions and Treatment and Rehabilitation) Regulations
  

• Misuse of Drug (Approved Institution) (Discipline) Regulations                         
  

• Notification of Approved Institution           

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:

• stipulates all drug offences as seizable offences;

• 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 penalty:

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

• 15g of Diamorphine (Heroin);

• 15g of Morphine; 1,200g of Opium;

• 500g of Cannabis;

• 30g of Cocaine;

PRESUMPTION CLAUSE

• 2g of Diamorphine;

• 3g of Morphine;

• 100g of Opium;

• 15g of Cannabis;

• 10g of Cannabis Resin;

• 3g of Cocaine; or

• 20g of Methylamphetamine

2) Drug Trafficking (Recovery of Proceeds), Chapter 178 (PDF File)

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.

OTHER LEGISLATION ENFORCED BY NCB

1) Intoxicating Substances Acts, Chapter 161 (PDF File)

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.

2) Poisons Act, Chapter 114 (PDF File)

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.