Is Heroin legal in Brunei?

Also known as: diacetylmorphine, smack

Legal status

Class A controlled drug. It sits in the First Schedule to the Misuse of Drugs Act, Chapter 27 of the Laws of Brunei Darussalam, Revised Edition 2013 (B.L.R.O. 2/2013) at Part I, which is headed Class A Drugs, and is named in its own right, as "Diamorphine".

Consequences if caught

Capital exposure: the specified drug column. Heroin is a Class A drug, entered as "Diamorphine", so the Class A columns of the Second Schedule govern. Trafficking is defined very broadly by section 2 as "to sell, give, administer, transport, send, deliver or distribute", or to offer to do any of those, so passing a share to a friend is trafficking and not sharing. Trafficking under section 3 carries a maximum of 20 years and 15 strokes with a minimum of 5 years and 5 strokes. Possession for the purpose of trafficking under section 3A carries the same. Manufacture under section 4 carries a maximum of 30 years and 15 strokes with a minimum of 10 years and 5 strokes. Import or export under section 5 carries a maximum of 30 years and 15 strokes with a minimum of 5 years and 5 strokes. Simple possession under section 6(a) carries a maximum of 10 years, a fine of 20,000 Brunei dollars or both, rising to a minimum of 2 years on a second or subsequent conviction. Consumption under section 6(b) carries the same maximum with a minimum of 3 years on a second or subsequent conviction. Section 29(3) doubles the punishment for a second or subsequent offence under Part II other than section 6. Two separate rows of the specified drug column reach this cell, because street heroin contains both diamorphine and morphine and the Schedule sets a threshold for each. That column is the only one in which death appears and it names just eight drugs: opium, morphine, diamorphine, cocaine, cannabis, cannabis resin, methylamphetamine and MDMA. Under section 3 trafficking, not less than 10 and not more than 15 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 15 grammes carries death, measured as the quantity of diamorphine contained in a controlled drug. Under section 3A possession for the purpose of trafficking, not less than 20 and not more than 30 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 30 grammes carries death, measured as the quantity of diamorphine contained in a controlled drug. Under section 5 import or export, not less than 10 and not more than 15 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 15 grammes carries death, measured as the quantity of diamorphine contained in a controlled drug. Unauthorised manufacture of diamorphine carries death at any quantity whatever, with no threshold at all, under the section 4 row. Under section 3 trafficking, not less than 10 and not more than 15 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 15 grammes carries death, measured as the quantity of morphine contained in a controlled drug. Under section 3A possession for the purpose of trafficking, not less than 20 and not more than 30 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 30 grammes carries death, measured as the quantity of morphine contained in a controlled drug. Under section 5 import or export, not less than 10 and not more than 15 grammes carries a maximum of 30 years and 15 strokes and a minimum of 20 years and 15 strokes, and more than 15 grammes carries death, measured as the quantity of morphine contained in a controlled drug. Unauthorised manufacture of morphine carries death at any quantity whatever, with no threshold at all, under the section 4 row. Separately from the punishment thresholds, section 15 presumes trafficking from possession of more than 2 grammes of diamorphine, "whether or not contained in any substance, extract, preparation or mixture", so the section 15 figure is always a content figure whatever basis the punishment row uses. It sits well below the section 3 band, which does not open until 10 grammes, so the presumption bites long before any capital exposure does. Death is mandatory where it appears. Section 29(2) provides that the columns of the Second Schedule "show respectively the punishments to be imposed on a person convicted of the offence", and every row in which death appears gives death alone, with no maximum, no minimum and no alternative beside it. Nothing in the Act confers a sentencing discretion on a capital conviction. Searches of the whole Act for substantive assistance, courier, diminished responsibility, alternative sentencing and life imprisonment returned nothing, and the single use of the word discretion is in section 31(2) about forfeited property. Brunei has no equivalent of the certificate route that its Singapore counterpart added in 2012. The sharper practical fact is the step at the foot of each band rather than the death line at its head. One gramme below the lower figure the base Class A row applies, with a minimum of 5 years. At the lower figure the specified row takes over and the minimum becomes 20 years and 15 strokes. The Act creates no sentence of life imprisonment. The phrase appears nowhere in its text, and the longest determinate term it reaches is 30 years. On the direction of any error at a threshold: the bands are closed and exhaustive, reading not more than the figure in the lower band and more than the same figure in the capital one, so at exactly the stated weight the non capital band applies on the words of the Act and there is no gap for an error to fall into. This cell reproduces each statutory figure exactly rather than rounding it, so it errs in neither direction. One defect in the Act bears on this. Section 29(2) describes a seven column table where the Second Schedule prints eight, because the Class D column was inserted by S 28/1994 without redrafting the subsection. So 29(2)(b), which attaches the specified quantity punishments, names the sixth column when the specified column is now the seventh. The subsection describes the contents of each column unmistakably, so the numbering is read purposively, but the capital penalties sit in the column the defect touches.

If prescribed or medical

Heroin is scheduled for prescribing purposes as follows. It sits in paragraph 1 of the Second Schedule to the Misuse of Drugs Regulations, Chapter 27, Rg 1, the tightest routine regime, which brings regulations 10 to 16 and 28 into play: a signed order or requisition before supply, a prescription meeting regulation 11, entries in the register in the form set by the Fifth Schedule, and preservation of those records. The Regulations print the entry as "Diamorphine". Regulation 11 requires the prescription to be indelible, signed and dated, with the dose and the total quantity written in both words and figures in the prescriber's own hand, and the name and address of both patient and prescriber. What was not checked for this cell is Brunei's medicines and poisons regime, which is a separate body of law that was not fetched. Absence from the Misuse of Drugs Act is not a statement that a substance is freely available.

Documentation

Carry the prescription for heroin and keep the medicine in the container it was dispensed in, with the pharmacy label intact. The Regulations enter it as "Diamorphine". Regulation 11 requires the prescription to be indelible, signed and dated, with the dose and the total quantity in both words and figures in the prescriber's own handwriting, so a printed repeat slip is not on its face a compliant document. Import and export are their own offence under section 5 and carry heavier minimums than trafficking, so carrying a supply into Brunei is the graver charge, not the lesser one.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Brunei’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.