Parliament passes anti-vape law: Users can be fined up to $10k from May 1

In a move to clamp down on vaping and etomidate abuse, a new law was passed in Parliament on Friday (March 6) which will see users, sellers and smugglers face stiffer fines.

Under amendments to the Tobacco (Control of Advertisements and Sale) Act, vape users can be fined up to $10,000 from May 1, five times the current amount.

Fines for sellers have been raised by 20 times of up to $200,000, while smugglers can be slapped with fines of up to $300,000, 30 times the current amount.

They can also be jailed up to six years and nine years respectively.

The Bill, which includes a name change to the Tobacco and Vaporisers Control Act (TVCA), will also target adults who recklessly leave etomidate-laced vapes, or K-pods, where children can access them.

Adults who do not take "reasonable steps" to prevent children from using K-pods can be jailed for up to 10 years for the first offence.

Onus will be on owners of entertainment venues such as bars and nightclubs to take certain actions to prevent the use of vapes in their premises.

During his speech for the Bill’s second reading on Friday, Senior Minister of State for Health Dr Koh Poh Koon noted that the authorities have been clamping down on K-pod abusers.

Etomidate, which can trigger spasms, breathing difficulties, seizures and psychosis when vaped, continues to be classified under the Poisons Act as a medicinal ingredient used in clinical practice.

That allowed for a maximum penalty of only two years’ jail and a $10,000 fine for possession or trafficking of K-pods.

Since Sept 1 last year, etomidate has been listed under the Misuse of Drugs Act (MDA) as a Class C drug. 

The temporary listing was supposed to end on Feb 28, but was extended till April 30 while the Ministry of Health drafted amendments to current laws.

Under the new law, etomidate will be removed as a controlled drug under MDA and listed as a in a new category in the TVCA called  "specified psychoactive substance".

More than 5,100 people were caught for vape-related offences in the past six months. Of these, 593 used K-pods.

"We are now ready to put in place a new law, which will not only prohibit vaporisers, but will also allow for enforcement against the abuse of etomidate and potentially other psychoactive substances through such delivery devices in the future," said Dr Koh.

He added that the new law also prohibits other imitation tobacco products, which includes new products or those that may be used to mimic smoking.

@asiaone Senior Minister of State for Health, Dr Koh Poh Koon, introduced the new Tobacco and Vaporisers Control Act, in Parliament on Friday (March 6). #sgnews #singapore #tobacco #vape #parliament ♬ original sound - AsiaOne

Future-proof the law

The move is to "future-proof" the law given that the tobacco industry has been introducing new products to circumvent tobacco control regulations, said Dr Koh citing those containing nicotine analogues as one which will be considered a tobacco product. 

The new law will also make it an offence for building owners to allow others to store vapes in their premises, and should exercise due care by conducting proper background checks on tenants, as well as clauses in tenancy agreements on prohibited activities.

The first offence carries a fine of up to $100,000 and imprisonment of three years, or both. The penalties will be doubled for repeat offenders.

The TVCA will also require owners and occupiers of pubs, bars and discotheques to take action against those who vape in their premises  — similar to the Smoking (Prohibition in Certain Places) Act.

These include telling them to stop using, dispose of the products and to leave the premises immediately. Dr Koh said that the law will be introduced to discotheques, pubs, bars, lounges and nightclubs for a start.

Beyond enforcement, Health Sciences Authority (HSA) can order community-based rehabilitation and treatment for repeated vape users.

A  rehabilitation order can also be made as long as HSA has grounds to believe that an individual has used a psychoactive substance.

This includes when a person is behaving erratically or disoriented, on top of being in possession of the substance.

Besides community-based rehabilitation at the Institute of Mental Health and social service agencies, those caught repeatedly for using psychoactive substances can be subjected to treatment and rehabilitation at the Drug Rehabilitation Center.

As at Feb 28 this year, 311 K-pod users have been placed under rehabilitation programmes.

Protecting families

Several MPs spoke in support of the Bill. 

Yip Hon Weng (Yio Chu Kang SMC) said that anti-vape laws are necessary, by judging it as not being how severe the penalties are, but whether they can protect families and the youth and restore confidence. 

Yip, who is also the vice-chairman of the Government Parliamentary Committee for Health, said that while deterrence is important, questions must be asked if imprisonment for young offenders may be counterproductive. 

"If rehabilitation is the aim, youthful mistakes should not become lifelong barriers," he said. 

Meanwhile, Wan Rizal (Jalan Besar GRC) asked about if they are enough addiction-trained clinicians and counsellors for vape users who are referred to community-based rehabilitation, and the framework for relapse prevention during and after the programme. 

"If rehabilitation becomes primarily supervisory without sufficient therapeutic intervention, we risk short-term compliance without that long-term recovery," he said. 

Worker’s Party MPs He Ting Ru (Sengkang GRC) and Gerald Giam (Aljunied GRC) both called for a smoking "cohort ban" — targeting at people when they are still young — to minimise their exposure to both tobacco and vapes. 

On Yip’s concerns, Dr Koh said in his closing speech that maintaining a "strong deterrence posture" is essential to demonstrate the Government’s seriousness in reducing the harms caused by vapes. 

"Vapes has not yet become deeply entrenched in Singapore and this gives us a critical window to act decisively," he said. 

Dr Koh said that vape users will be given multiple chances to quit before stronger penalties apply. 

These includes increasing the fines to up to $10,000, and detention in drug rehabilitation centres if they are caught using psychoactive substances. 

"By the time they are sent to the DRC, they would have been caught at least three times and given multiple chances to quit," he said. 

On the new laws that require parents or guardians to attend certain counselling sessions with their children subjected to community-based rehabilitation order, Dr Koh said that HSA will "closely engage" parents and guardians and use these powers "judiciously". 

Parents who refuse to be involved in their children’s counselling to quit vaping without reasonable justification can potentially face criminal charges, he added.

Dr Koh also acknowledged owners and occupiers of premises who may worry that the storage of vapes could happen, even if they have done their best to prevent it. 

"Let me assure you that each case will be assessed based on the particular facts of each situation," he said, adding that support will be given to them to understand how to fulfil their new obligations. 

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chingshijie@asiaone.com