District judge signals sterner penalties for vaping offences

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Andrew Wong for The Straits Times
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SINGAPORE – A State Courts judge has signalled possible sterner penalties for vape-related offences in the light of public sentiment.

District Judge Wong Li Tein was on Aug 21 presiding over the case of a woman who is accused of helping another individual to purchase five vape devices through the messaging platform WhatsApp.

During proceedings, a Health Sciences Authority (HSA) prosecutor informed the court that the woman had been reminded twice about her court date but had become uncontactable to the investigating officers for her case.

The prosecutor then called for a warrant of arrest after Nicole Lorraine Rodrigues, 32, failed to turn up in court.

In a subsequent exchange in court, the judge said she would have adjourned the case even if the accused had turned up.

This was to allow the HSA prosecutor to relook the submissions for sentencing.

“Cases involving vaping have caught a lot of public attention, and it is no longer feasible to rely on dated precedence,” said the judge.

She noted that even cases that were prosecuted as recently as 2024 are “no longer going to be the same” as the cases that are being tried in court now, due to growing public attention.

The judge said this consideration has to be applied to all vaping cases, not just those involving laced vapes, or Kpods.

“We need to start relooking at the sentencing submissions for these cases as they are currently not in line with public sentiment,” District Judge Wong said, noting that current convictions effectively result in a low jail term or a fine.

“If I were to sentence today, and it is published in The Straits Times tomorrow that a low imprisonment term or fine is given, I’m sure there will be a public outcry,” she said.

“Apart from Kpods – if you look at vaping in general – it is also something the public is now very concerned with, especially with youth being targeted.”

She said that in the interim, the courts will require more statistics and further submissions on whether precedent cases should be relied on when dealing with similar vaping offences.

“We can break ranks with precedent cases from now onwards,” she added.

Under current laws, those found to possess, use or purchase vapes can be fined up to $2,000.

Anyone who distributes, imports or sells vapes and their components can be jailed for up to six months and fined up to $10,000.

Those found possessing or using vape pods containing etomidate – an ingredient classified as a poison and regulated under the Poisons Act – can be jailed for up to two years and fined up to $10,000.

In his National Day Rally speech on Aug 17, Prime Minister Lawrence Wong said tougher action will be taken against vaping.

He said the Government will treat vaping as a drug issue as the imposition of fines is no longer enough.

This comes as people continue to smuggle e-vaporisers into Singapore or find ways around the law, despite vaping being outlawed in 2018.

FILE PHOTO: The New Paper

As an interim measure, the Ministry of Home Affairs said it would list etomidate as a Class C drug under the Misuse of Drugs Act.

This is expected to take place in the coming weeks.

Once etomidate is listed as a Class C drug, users can be subject to supervision and mandatory participation in a rehabilitation programme or committed to drug rehabilitation centres.

Those who reoffend or commit other serious offences can also be jailed for at least a year.

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