DANGEROUS
DRUGS
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REPUBLIC ACT NO. 9165 or RA 9165
R.A. 9165 - an act instituting The Comprehensive Dangerous Drugs Act of 2002,
repealing Republic Act No. 6425 otherwise known as The Dangerous Drug Act of 1972, as
amended.
ARTICLE I
DEFINITION OF TERMS
Some definition of terms under Article I, Sec. 3 of R.A. 9165.
1. Dangerous Drugs - include those listed in the Schedule annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic substances as enumerated in the
attached annex, which is an integral of this act.
2. Clandestine Laboratory - any facility used for the illegal manufacture of any dangerous
drug an/or controlled precursors and essential chemicals.
3. Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other
name. Embraces every kind, class, genus or specie of the plant Cannabis Sativa L.
including, but not limited to, Cannabis Americana, hashish, bhang. guaza, churus and
ganjab, and embraces every kind, class and character of Marijuana, whether dried or fresh
and lowering, flowering or fruiting tops, or any part or portion of the plant and seeds
thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.
4. Methylenedioxymethamphetamine (MDMA) or commonly knows as "Ecstasy" or by
its any other name. Refers to the drug having such composition, including any of its
isomers or derivatives in any form.
5. Methamphetamine Hydrochloride or commonly known as "shabu", "ice", "meth" or by
its any other name. Refers to the drug having such composition, including any of its
isomers or derivatives in any form.
6. Opium - refers to the coagulated juice of the opium poppy (Papaver Somniferum L.) and
embraces every kind, class and character of opium whether crude or prepared; the ashes
or refuse of the same, narcotic preparations thereof or therefrom; morphine or any
alkaloid or preparations in which opium, morphine or any alkaloid of opium enters as
ingredient; opium poppy, opium poppy straw and leaves or wrappings of opium leaves;
whether prepared for use or not.
7. Opium poppy - refers to any part of the plant of the species Papaver Somniferum L.
Papaver Setigerum DC, Papaver Orientale, Papaver bracteatum and Papaver rhoeas,
which includes the seeds, straws, branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and culinary purposes.
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8. PDEA - refers to the Philippine Drug Enforcement Agency under Sec. 82, Article IX of
this act.
PDEA serves as the implementing arm of the Dangerous Drug Board, and is
responsible for the efficient and effective law enforcement of all the provisions on
any dangerous drug and/or controlled precursors and is essential chemical.
ARTICLES II
UNLAWFUL ACTS AND PENALTIES
Sec. 4 - Importation of Dangerous drugs and/or Controlled Precursors and Essential Chemicals -
life imprisonment to death and a fine ranging from PhP500,000.00 to PhP10,000,000.00.
Sec. 5 - Sale Trading, Administration, Dispensation, Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled Precursors and Essential Chemical - life imprisonment to
death and a fine ranging from PhP500,000.00 to PhP10,000,000.00.
Sec. 6 - Maintenance of Den, Dive or Resort - life imprisonment to death and a fine ranging from
PhP500,000.00 to Php10.000.000.00.
Sec. 7 - Employees and Visitors of a Den, Dive or Resort - imprisonment ranging from 12 years
and one day to 20 years and a fine ranging from PhP100,000.00 to PhP500.000.00.
Sec. 8 - Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
- life imprisonment to death and a fine ranging from PhP500,000.00 to PhP10,000,000.00.
Sec. 9 - Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals -
imprisonment from 12 years and one day to 20 years and fine ranging Iron PhP100,000.00 to
PhP500,000.00.
Sec. 10 - Manufacturer of Delivery of equipment, Instrument, Apparatus and other Paraphernalia
for Dangerous Drugs and / or Controlled Precursors and Essential Chemicals - imprisonment
from 12 years and one day to 20 years and fine ranging from PhP100,000.00 to PhP500,000.00.
Sec. 11 - Possession of Dangerous Drugs - penalty of life imprisonment to death and a fine
ranging from PhP500,000.00 to PhP10,000,000.00 shall be imposed upon any person, who,
unless authorized by law, shall possess any dangerous drug in the following quantity:
1. 10 grams or more opium
2. 10 grams or more of morphine
3. 10 grams or more of heroin
4. 10 grams or more of cocaine or cocaine hydrochloride
5. 50 grams or more of methamphetamine hydrochloride or shabu
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6. 10 grams or more marijuana resin or marijuana resin oil
7. 500 grams or more of marijuana, and
8. 10 grams or more of other dangerous drugs, such as but not limited to, MDMA or
Ecstasy, trimethoxyamphetamine (TMA), lysergic acid diethylamide (LSD)
Cocaine Heroin
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
1. 10 grams or more but less than 50 grams - life imprisonment and a fine ranging from
PhP400,000.00 to PhP500,000.00
2. 5 grams or more but less than 10 grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil - imprisonment of 20 years and one
day to life imprisonment and a fine ranging from PhP400,000.00 to PhP500,000.00.
3. Less than 5 grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil - 12 years and one day to 20 years imprisonment
and a fine ranging from PhP300,000.00 to PhP400,000.00.
Sec. 12 - Possession of Equipment, Instrument, Apparatus and other Paraphernalia for dangerous
drugs.
Sec. 13 - Possession of Dangerous Drugs during parties, social gatherings or meetings.
Sec. 14 - Possession of Equipment, Instrument, Apparatus and other Paraphernalia for
Dangerous Drugs during parties, social gatherings or meetings.
Sec. 15 - Use of Dangerous Drugs - A person apprehended or arrested, who is found to be
positive for use of any dangerous drugs after a confirmatory test, shall be imposed a penalty of a
minimum of 6 months rehabilitation in a government center for the first offense. If apprehended
for the second time, he or she will suffer the penalty of imprisonment ranging from 6 years and
one day to 12 years and a fine ranging from Ph P50,000.00 to PhP200,000.00.
Sec. 16 - Cultivation or Culture of Plants Classified as Dangerous Drugs and are sources thereof.
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Sec. 17 - Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
Sec. 18 - Unnecessary Prescription of Dangerous Drugs
Sec. 19 - Unlawful Prescription of Dangerous Drugs
Sec. 21 - Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment
Sec. 22 - Grant of Compensation, Reward and Award
Sec. 23 - Plea Bargaining Provision
Sec. 31 - Additional Penalties if offender is Alien
ANNEXES
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS
AMENDED BY THE 1972 PROTOCOL
SOME DRUGS INCLUDED IN SCHEDULE I
1. Cannabis and cannabis resin and extracts 5. Heroin
and tinctures of cannabis 6. Morphine
2. Coca leaf 7. Methadone
3. Cocaine 8. Opium
4. Ecgonine 9. Thebane
SOME OF THE DRUGS INCLUDED IN SCHEDULE II
1. Codeine 3. Ethylmorphine 5. Dihydrocodeine
2. Dextropropoxyphene 4. Nicodine
SOME OF THE DRUGS INCLUDED IN SCHEDULE III
1. Preparations of codeine, dihydrocodeine, ethylmorphine, propivam,
dextropropoxyphene, cocaine, opium, difenoxine, diphenoxylate
SOME DRUGS INCLUDED IN SCHEDULE IV
1. Acetorphine 3. Desomorphine
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2. Cannabis and cannabis resin 4. Heroin
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC DRUGS
SOME SUBSTANCES IN SCHEDULE I
1. DMA - Dimethoxymethylphenethylamine
2. MDMA - Methylenedioxymethamphetamine
3. Mescaline - Trimethoxyphenethylamine
4. MMDA - Methylenedioxyphenethylamine
5. Psilocybine
6. THC - Tetrahydrocannabinol
7. TMS - Trimethoxyamphetamine
SOME OF THE SUBSTANCES IN SCHEDULE II
1. Amphetamine 4. Methamphetamine
2. Methaqualone 5. Methylphenidate
3. Secobarbital 6. Ziperol
SOME OF THE SUBSTANCES IN SCHEDULE III
1. Amobarbital 4. Gluthctimide
2. Butalbital 5. Pentobarbital
3. Cyclobarbital
SOME OF THE SUBSTANCES IN SCHEDULE IV
1. Alprazolam 6. Diazepam
2. Barbital 7. Ethchlorvynol
3. Bromazepam 8. Flurazepam
4. Chlordiazepoxide 9. Iorazepam
5. Clobazam 10. Meprobamante
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1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES
SOME OF THE SUBSTANCES IN TABLE I
1. Acetic anhydrite 4. Lysergic acid
2. Ephedrine 5. Potassium permanganate
3. Ergotamine 6. Pseudoephedrine
SOME SUBSTANCES IN TABLE II
1. Acetone 4. Hydrochloric acid
2. Anthranilic acid 5. Sulfuric acid
3. Ethyl ether 6. Toluene
Some Definition of Terms in Connection with Drugs:
1. Drugs - is a substance that has an effect upon the body or mind.
2. Hallucinogenic drugs - drugs that cause mental disorder causing a person to perceive
objects or experience feeling that have no cause outside one's mind.
3. Narcotic drugs - drugs that dull the senses, induces sleep, and with prolong use becomes
addictive.
4. Sedatives - agents or drugs that cause calmness, relieves tension or irritability: Retards or
depress the physiological action of an organ.
5. Stimulants - drugs that temporarily increase the functional activity of an organ or any of
its part.
6. Hypnotic drugs - are sleep-inducing agents.
7. Tranquilizers - drugs that reduce anxiety and tension. Relieves emotional stress.
8. Drug dependence - is a state of physiological dependence or physical dependence or both
which results from chronic, periodic or continuous use.
9. Habituation - is the psychological desire to repeat the use of a drug intermittently of
continuously because or emotional reason.
10. Addiction - physical dependence upon a drug. Its scientific definition includes the
development of tolerance and withdrawal.
MARIJUANA
In the United States, marijuana ordinarily refers to any part of the hemp plant that is used
to induce psychic changes. The most active ingredient in marijuana is a tetrahydrocannabinol,
which is found in highest concentration in the rain (hashish) of the top of female Cannabis sativa
plants. Hashish differs from marijuana only in its physical form and concentration of active
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ingredients. When marijuana is smoked, its effects are experienced within minutes and are of
brief duration; oral consumption of the drug ("tea"; cookies) has a delayed on set and longer
duration of action.
Subjective effects produced by marijuana depend upon the dose consumed, personality of
the consumer, his anticipations, and the social setting in which the drug is experienced. The usual
reported effect is a pleasurable state of well being with variable distortions of time and space.
Large doses may induce hallucinations and panic states, but this is far less frequent than in case
with LSD. Marijuana is not an aphrodisiac and does not ordinarily precipitate violent or
assaultive behavior. We are unaware of a single, well-documented, toxic fatality from an
overdose of marijuana.
Marijuana
Prolonged used of marijuana may produce some degree of tolerance to its effects, but
typical physical dependence does not occur. Some individuals become overwhelmingly
preoccupied with the substance and neglect themselves and their responsibilities. We do not
know if this represents a direct effect of marijuana abuse I its instance is only one facet of a
personality disorder that could just as easily have sought escape in alcohol, tranquilizers,
sedative, narcotics, or other chemicals. Likewise, the allegation that the use of marijuana leads to
experimentation with an addition to narcotics has numerous uncontrolled assumptions.
AMPHETAMINE AND METHAMPHETAMINE
Amphetamine products from licit manufacture contain the drug in the form of the sulfate
or phosphate salt. They are marketed in different countries as tablets, spansule capsulesm syrups,
and elixir.
Methamphetamine, as the hydrochloride salt, is available as a tablet and as a sterile
solution for injection. Analysts should refer to various pharmaceutical compendia for a pictorial
description and information on specific products legally available I their country.
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Illicit amphetamine sulfate varies in color from white powder, similar to material from
licit manufacture, to pink to yellow to brown depending upon the type and amount of impurities
and adulterants. It is often damp with a characteristics unpleasant odor owing to the presence of
solvent residues.
Illicit methamphetamine HCl is usually in the form of a caked or gummy powder. It
maybe white, brown or violet in color, again depending on the presence of impurities.
The medico-legal importance of amphetamine is derived in part from its wide use and
misuse in dietary programs for the control of weight and by other individuals for its stimulating
or "thrill" effect and I part from its high toxicity rating (fatal dose range is between 5 and 50 mg
per kg body weight).
Methamphetamine (“speed”) is a frequently abused drug of this class and is especially
hazardous because of its pronounced cardiovascular effects. “Speed kills” is an accurate slogan.
Common adverse reactions to amphetamine include nervousness, restlessness, insomnia, and
tremors. Confusion, hallucinations, panic state, and assaultiveness can occur. A degree of
physical dependence is produced by habitual amphetamine use and abstinence can induce typical
withdrawal reactions. Also prolonged amphetamine use leads to severe depressive reactions in
some individuals.
“ECSTACY”
General Facts:
Popular Name: Ecstasy - is a synthetic amphetamine related to substance. It has gain popularity
as a recreational drug, first in the United States, later in Europe and now increasingly also in
other parts of the world.
Scientific Name: 3, 4-Methylene-Dioxymethamphetamine (MDMA)
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Street Names: X, Rave, Love Drug, Flying Saucer, LBD, “Libido”, jagged Little Pill, Artist
Drug, MDA, MDEA, Dance Drug
Dance Drug - a drug associated with the “rave” or “dance party” scene that grew out of the “acid
house” scene in the United Kingdom in the late 1980’s. Raves are now also a popular form of
entertainment among young people in mainland Europe, North America, Australia and
elsewhere. Most notable of the “danced drugs” are MDMA (ecstacy), amphetamine and LCD,
ketamine, cocaine and alkyl nitrate have also been associated with raves.
Chemical Combination: Mescaline – hallucinogenic
LCD - hallucinogenic
Methamphetamine - stimulant
Physical Form: Tablet, Capsule, Powder (from capsule)
Shape: Round, flat, oval
Color: White (most potent, pure) yellow, brown
Taste: Bitter
Dose: Whole tablet - 1 “hit” (last for about 3-5 hours) - typical dose is between 5 mg and 250 mg
One half tablet - half a “hit”
Cost: 1,200PhP per tablet (depending on its purity)
Immediate Physical Effects Felt By Users: Mild hallucinogenic effects. Increased physical
energy and emotional closeness to others (empathy), the senses being enhanced and mood
lightening. It facilitates communication and increases sociability.
Long Term Regular Use:
1. Can lead to same effects as with other synthetic stimulants
2. Potential for neurotoxicity
3. Brain damage
4. Liver damage
Speed becomes groggy, gregarious, talkative, happy; everything seems beautiful and
glaring, increase heart rate and causes palpitation, reverberating feeling, glassy eyes, heighten
tactile (sense of touch) feeling, floating, heighten sex urges, “sunset superman” effect (sustained
and prolonged erection). Delayed ejaculation, increased sweating.
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After feeling of ecstasy, sudden drop of euphoria and depression comes in.
Long Term Physical Effects:
1. Psychosis
2. Arrythmia
3. Same effects as with amphetamine
4. Psychological dependence Depression
Activities Indulge Into After Taking:
1. Sex (with single or multiple partners)
2. Mental intercourse (jamming) sex talk
3. Music trip
4. Dance trip
Short Term Effects:
1. Restlessness
2. Anxiety
3. Pronounce visual and auditory hallucination at larger doses
4. Increased the blood pressure and heart rate
5. Causes nausea
6. Vomiting
Route of Administration:
1. Oral ingestion - more popular
2. Snorling - user can feel faster effect but painful and imitating to the nostrils
Reasons For Being Preferred By Users:
As compared to other drugs:
1. Supersedes the effects of other drug
2. They become friendlier
3. They can eat and sleep well if they want to
4. Easy to conceal
Sources: Place: USA, Europe, Canada, Australia
People: Airline employees, elite, users themselves who can frequently travel, no local
manufacturers.
Profile of Users:
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“Class A” people
“Yuppies” (Young Urban Professionals)
Spoiled brats
Recreational drug users (party goers, night owls)
Age range: 20's - 40's
Extent of Use: Estimated to be about 400 - 500 people in Metro Manila alone
Hang-Out Of Users: Confidential
1. Disco houses - frequently by “Class A” people (Ex. Euphoria, Mars, kampo,
Chatterbox)
2. Beach Resorts (frequented by tourists like Boracay, Puerto Galera)
Penalty:
Unauthorized possession or use, illegal manufacture, sale, administration, dispensing,
distribution, delivery, transportation of the substance the penalty thereof if reclusion perpetua,
life to death and fine of PhP500,000.00 to PhP10,000,000.00.
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