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Vape seller’s jail sentence jumps 8-fold after HSA revises approach towards vape-related offences

Singaporean vape seller’s jail term increased from one to eight weeks after HSA reviews sentencing submissions

A Singaporean engineer caught with more than 1,500 electronic vaping devices has been sentenced to eight weeks’ imprisonment, after the court directed the Health Sciences Authority (HSA) to revise its sentencing approach for vape-related offences.

The sentence, handed down on Wednesday (7 Jan), was eight times longer than the one-week jail term initially sought by the prosecution.

Jail term increased after HSA reviews vape sentencing

According to Channel NewsAsia (CNA), prosecutors had originally asked for a one-week jail sentence for 29-year-old Orison Toh Chun Kee.

However, after the court ordered HSA to review sentencing submissions for all vape-related offences — including cases not involving Kpods — the prosecution revised its position and sought 12 weeks’ imprisonment.

Kpods refer to vape pods containing etomidate, an anaesthetic agent that was classified as a Class C drug under the Misuse of Drugs Act in Sept 2025.

Source: Health Sciences Authority, for illustrative purposes only

Charged over possession and sale of vapes

Toh pleaded guilty to one charge of possessing vapes for sale and another for offering vapes for sale via Telegram. Two additional charges were taken into consideration during sentencing.

He had originally been expected to plead guilty on 25 Aug 2025. However, the case was adjourned multiple times as HSA reviewed its sentencing framework for vaping offences.

In court, HSA prosecutor Jolene Chia said the authority was now seeking a 12-week jail term and a S$3,000 fine.

District Judge Wong Li Tein also stated in open court in Aug 2025 that vaping offences were likely to face harsher penalties, citing the need for stronger deterrence amid rising cases.

Under the revised approach, jail time will be imposed for offences involving more than 19 vape devices or components.

 

Caught with over 1,500 vapes in his car

Court records showed that Toh had been delivering vape parcels as a side hustle since February 2024, earning about S$10 per trip.

According to The Straits Times (ST), HSA was tipped off on 2 Sept 2025 about a consignment containing vaping products received by a company.

Officers later observed Toh collecting the parcel.

Source: Health Sciences Authority

He was stopped, and his car was searched, revealing a large stash of vapes, devices and pods from previous deliveries.

In total, 1,639 vaping products were found in his vehicle.

Toh later claimed he had intended to start selling vapes but had not yet begun doing so.

Defence objects to ‘drastic’ increase in sentence

Toh’s lawyer, Mr Sameer Amir Melber of Gabriel Law, argued that a fine would be a more appropriate punishment.

He said it was difficult to justify such a drastic increase in sentencing when no new facts had emerged.

Mr Sameer added that Toh was now facing harsher punishment “through no delay and no fault of his own”, and that the offences had been committed long before the revised sentencing stance was introduced.

He also noted that Toh had intended to plead guilty since April 2025, had no links to syndicates or etomidate products, and that the case did not involve any transnational elements.

Source: SG Courts

District Judge Terrence Tay disagreed, finding that Toh played a crucial role as the “interface” between suppliers and customers in the illegal vaping trade.

He described vaping as an “increasing problem in Singapore”, particularly among youths, and highlighted the serious public health concerns involved.

Given the difficulty of detecting such offences, Judge Tay said stiff sentences were necessary to serve as a strong deterrent.

For each charge of possessing vapes for sale and offering vapes for sale online, Toh could have faced up to six months’ jail, a fine of up to S$10,000, or both.

Also read: 23-year-old S’porean man charged with trafficking Kpods after 28 found in Marsiling flat

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Featured image adapted from MS News and HSA. Right image for illustrative purposes only.

Gerome Lian

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Gerome Lian