Higher fines, compulsory rehabilitation: Sterner penalties for those caught vaping from Sept 1

The Government will be doubling down on its nationwide campaign against vaping by increasing fines for first-time offenders and imposing mandatory rehabilitation for repeat offenders beginning Sept 1.

From next month onwards, first-time offenders will be fined up to $700 and second-time offenders will have to attend rehabilitation for three months under the Tobacco (Control of Advertisements and Sale) Act (TCASA). 

Repeat offenders will face prosecution and will be subjected to a maximum fine of $2,000 under TCASA.

Under current laws, first-time and repeat offenders caught possessing, using or buying e-vaporisers face a maximum fine of $500. 

These enhanced penalties were unveiled at a press conference co-chaired by Minister for Home Affairs K Shanmugam, Minister for Health Ong Ye Kung, Minister for Education Desmond Lee, Senior Parliamentary Secretary for Social and Family Development Eric Chua and Minister of State for Manpower Dinesh Vasu Dash on Thursday (Aug 28).

"The landscape for consumption of harmful substances has changed in a very different way," said Ong, adding that a whole-of-government effort is needed now that vapes are becoming a gateway for drug abuse.

Etomidate listed as Class C drug 

Shanmugam also said at the press conference that etomidate will be listed as a Class C drug under the Misuse of Drugs Act (MDA), allowing for stricter legislation and penalties to be imposed.

The intensified whole-of-government efforts to tackle vaping come after Prime Minister Lawrence Wong's National Day Rally on Aug 17, where he said that Singapore needs to tougher stance on vaping and treat it like a "drug issue", citing a spike in cases related to vaping and specifically Kpods — etomidate-laced vapes.

Etomidate is currently classified as a controlled substance that is regulated under the Poisons Act, with offenders being subject to a Notice of Composition (NOC) — $300 for those under 18 years old and $500 for those above 18 — and/or a maximum jail term of two years.

By listing it as a Class C drug, it will become illegal to traffic, manufacture, import, possess or consume etomidate without authorisation from the relevant authorities, with offenders facing even harsher penalties.

Analogues of etomidate, such as butomidate and metomidate, which have been detected in e-vaporisers in foreign jurisdictions, will also be listed as Class C drugs on Sept 1, said the Central Narcotics Bureau today.

Stiffer penalties for Kpod abusers

From Sept 1, first-time etomidate-laced Kpod abusers under 18 will be fined $500, and those over 18 will be fined $700.

The current penalties are a $300 fine for those below 18, and $500 for adults.

Additionally, first-time offenders will have to undergo a compulsory rehabilitation programme for up to six months under the Institute of Mental Health (IMH) and social service agencies from Sept 1.

Repeat Kpod offenders will also be subject to stricter penalties, where second-time offenders will have mandatory supervision under the MDA, which includes drug testing and rehabilitation.

Offenders who do not complete their rehabilitation programmes will be prosecuted in court, said Ong.

Those convicted for their third offence onwards will have to complete a 12-month regime, including detainment at the Drug Rehabilitation Centre (DRC), which is managed by the Singapore Prison Service, followed by drug testing and supervision. 

Offenders below 16 years old will have mandatory supervision for 12 months, separate from adults at DRC.

Prior to the updated legislation, offenders faced a maximum NOC of $500.

"The penalty regime as well as the enforcement stance, has to be upped significantly," said Shanmugam, emphasising that the Government has to take action before the issue "goes out of control".

Caning, longer jail terms for etomidate suppliers

Caning will also be introduced as a penalty for distribution once etomidate is considered a Class C drug.

Under previous legislation, etomidate suppliers were subject to a maximum fine of $10,000 and/or imprisonment of up to two years.

From Sept 1, all etomidate importers will instead be sentenced to a minimum of three years in jail and five strokes of the cane. Depending on the severity of their charges, they will face a maximum jail sentence of 20 years and 15 strokes of the cane under MDA.

Sellers and distributors will face similarly harsh penalties, with a minimum of two years in jail and two strokes of the cane.

QuitVape programme

Ong also reiterated the support available for vape users who voluntarily seek help, adding that they will not face penalties nor have any offence record for doing so.

Kpod users can seek help from a range of organisations, including IMH, the Singapore Anti-Narcotics Association, Thye Hua Kwan Moral Charities and Fei Yue Community Services.

The Health Promotion Board's QuitLine is also available for those seeking help to quit smoking.

Vape disposal bins have also been placed across Singapore at community centres and institutes of higher learning, for members of the public to dispose of their vapes. These bins will be removed from Aug 31.

Bins will continue to be available at selected locations instead, such as where rehabilitation and QuitVape programmes are provided.

Educational resources to inform the public on the harms and illegality of vaping are also available, including a gov.sg microsite launched on Aug 18 that has resources, helplines and reporting avenues for the public.

Classification as Class C drug an 'interim measure': Shanmugam

Shanmugam reiterated that the classification of etomidate as a Class C drug is an "interim measure", as the Ministry of Health (MOH) conducts further studies to form "fit-for-purpose" legislation regarding etomidate and related substances in the long-term.

The new suite of penalties will be enforced until Feb 28, 2026, after which MOH will either introduce new legislation or amend the existing legislation "to give themselves the right set of powers, both in terms of enforcement and penalties, to deal with the etomidate and any other harmful substances".

According to Shanmugam, future legislation may include mandatory rehabilitation at DRC and detention, similar to penalties meted out for drug offences.

"From MHA's perspective, in this interim period, we will lean in. We already dedicated very significant resources to support the Health Sciences Authority and its operations. Several hundred officers have been seconded or are helping in the process," he said.

Ong also chimed in, adding that the current classification is a "patchwork of legislation" that will allow MOH to operate the enforcement model and fine tune it in the next six months.

Foreigners also liable

Foreigners will also have to abide by the new legislation and can face deportation in severe cases.

Short-term visitors, for example tourists, found in possession of e-vaporisers will have their vapes seized and will be issued a fine for their first offence. Those who re-offend will be banned from re-entering Singapore upon departure.

Those on a long-term pass may have their immigration facilities revoked on their third offence, where they will be deported and subsequently banned from re-entering Singapore.

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dana.leong@asiaone.com