RA 9165—COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Repealed: RA 6425-- the Dangerous Drugs Act of 1972

ARTICLE 1 Section 3: Def. of term

1. Dangerous Drugs- narcotic drugs (1961 Single Convention),

Psychotropic substances (1972 Single Convention)
2. Clandestine Laboratory—where they manufacture illegal drugs
3. Cannabis- Cannabis sativa/ Marijuan or Indian Hemp
4. Methylenedioxymethamphetamethamine- ecstasy
5. Methylenpenthamine Hydrochloride—Shabu, Ice, Meth
6. Opium—coagulated juice of Opium Poppy
7. Opium Poppy- any parts of Papaniver Somniferum\
8. PDEA- Philippine Dangerous Enforcement Agency; under Arcticle 9,
Section 82 of this Act\
9. Stimulant--- uppers, prevent fatigue, cause of wakefullness
10. Depressant-- Are substances which reduce arousal and
stimulation. They affect the central nervous system, slowing down the
messages between the brain and body. It induce sleep, relieve anxiety
and muscle spasms, and prevent seizures
11. Hallucinogen-Hallucinogens are a type of drug that changes a
person's perception of reality. Also known as 'psychedelic drugs',
hallucinogens make a person see, feel and hear things that aren't real,
or distort their interpretation of what's going on around them.

Some def. 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.

The Philippine Drug Enforcement Agency (PDEA)

(Filipino: Kawanihan ng Pilipinas Laban sa Droga)

is the lead anti-drug law enforcement agency, responsible for preventing,

investigating and combating any dangerous drugs, controlled precursors and
essential chemicals within the Philippines.

The Vicious Cycle of Drug Abuse

 Drug Lord command a Pusher to the community and instructed to give

free drugs
 Community will try it and it will make them addicted be termed as
“users”
 Drug Lords will cut off the “free giving”
 Users will buy now
 Users will be exalted from their work due to misbehaviour
 Users will get loans, sell their properties until they no longer have
money
 Thei families will go away from, letting them be alone and causing
them to be depressed
 They will pushed to be a criminals, and do anything just to have money
they can use to buy.
 They will also start to sell drugs and become a “pusher” and the cycle
continuous

Characteristics of Addicts in the Workplace

  Work output is poor
 Is often sick (flu, colds, sinus problems, etc.)
 Shows disinterest in job and do not want to improve oneself through
training
 Association with unknown personalities

Effects on Physical Appearance

 Loss of weight
 Haggard appearance (unkempt appearance)
 Constricted pupils (wearing of sunglasses at inappropriate times)

Effects in Over-all Personality

 aggressive
 unable to accept criticisms
 increasingly prone to injury due to carelessness
 disinterested in his job
 frequenting odd places without cause (storage rooms, closets,
basements)

1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS

AMENDED BY THE 1972 PROTOCOL

SOME DRUGS INCLUDED IN SCHEDULE I (TOM Mor HECCC)

1. Cannabis and cannabis resin and extracts and tinctures of cannabis.

2. Coca Leaf
3. Cocaine
4. Ecgonine
5. Heroin
6. Morphine
7. Methadone
8. Opium
9. Thebane

SOME DRUGS INCLUDED IN SCHEDULE II (NEDex CoDe)

1. Codeine
2. Dextropropoxyphene
3. Ethylmorphine
4. Nicodine
5. Dehydrocodeine
SOME DRUGS INCLUDED IN SCHEDULE III (Codi EPDi DexCODef)

Preparations of:

1. Codeine dihydrocodeine,
2. ethylmorphine,
3. propivam,
4. dextropropoxyphene,
5. cocaine,
6. opium,
7. definenoxine,
8. diphenoxylate

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 SUBSTANCES IN SCHEDULE iI (SZA MMM)

1. Amphetamine
2. Methamphetamine
3. Methaqualone
4. Secobarbital
5. Methylphenidat
6. Ziperol

SOME SUBSTANCES IN SCHEDULE iiI (BG Cyclo Amo Pento)

1. Amobarbital
2. Butalbital
3. Cyclobarbital
4. Gluthetimide
 5. Pentobarbital

SOME SUBSTANCES IN SCHEDULE IV (Clo Diaz, Flura Lora Mb & Etchlor. :

“ung Alp Bar ni Bro may Chlorox)

1. Alprazolam
2. Barbital
3. Bromazepam
4. Chlordiazepoxide
5. Clobazam
6. Diazepam
7. Ethchlorvynol
8. Flurazepam
9. Lorazepam
10. Meprobamante

1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC

DRUGS AND PSYCHOTROPIC SUBSTANCES

SOME of the SUBSTANCES IN table I (PALEEP)

1. Acetic anhydrite
2. Ephedrine
3. Ergotamine
4. Lysergic acid
5. Potassium permanganate
6. Pseudoephedrine

SOME of the SUBSTANCES IN table ii (SEA HAT)

1. Acetone
2. Anthranilic acid
3. Ethyl ether
4. Hydrochloric acid
5. Sulfuric acid
6. Toluene
It is the Policy of the State:

1. to safeguard the integrity of its territory & the well-being of its

citizenry, particularly the youth, from the harmful effects of
dangerous drugs on their physical & mental well-being, and
2. to defend the same against acts or omissions detrimental to their
development and preservation
3. to provide effective mechanisms or measures to re-integrate into
society individuals who have fallen victims to drug abuse or dangerous
drug dependence through sustainable programs of treatment and
rehabilitation
Toward this end, the government shall pursue an intensive and
unrelenting campaign against the trafficking and use of dangerous
drugs…

PENALTIES

Section 4. Importation of Dangerous Drugs & other chemicals

 Importer: Life Imprisonment to Death + 500k-10M

 Importer using Diplomatic Passport: Life imprisonment to Death +
10M
 Financier, Organizer, Manager of Importation: Life imprisonment to
Death + 10M
 Protector/Coddler: 12yrs 1d to 20 yrs imprisonment + 100k-500k

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution

& Transportation of Dangerous Drugs &/or Controlled Precursors & Essential
Chemicals

MAXIMUM PENALTY imposed on:

1. Commited 100m to a School

2. Use of minors as messenger or carrier
3. Vitims are minors or mentally unstable
4. Cause of Death of the victim: Illegal drugs
5. Organizer, Financier

Sec 6. Maintenance of a Den, Dive or Resort

 Maintenance: Life to Death + 500k-10M

  Caters to minor clients: Death + 10M
 Financier: Life to Death +10M
 Protector/Coddler – 12yrs 1d to 20 years +100k-500k
 Client dies—Death + 1M-15M
* den/dive/resort shall be confiscated in favor of
government

Section 7. Employees and Visitors of a Den, Dive or Resort

Imprisonment: 12yrs 1d + 100k-500k

 Any employee of a den, dive or resort, who is aware of the nature of

the place as such; and
 Any person who, not being included in the provisions of the next
preceding, paragraph, is aware of the nature of the place as such and
shall knowingly visit the same

Sec. 11 Possession of Dangerous Drugs (See Sec. 13)

Life Imprisonment to Death and Fine P500k - P10M: Any person, who,
unless authorized by law, shall p ossess* any dangerous drug in the following
quantities, regardless of the degree of purity:

1. 10 grams or more of 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";
6. 10 grams or more of marijuana resin or marijuana resin oil;
7. 500 grams or more of marijuana; and
8. 10 grams or more of other dangerous drugs

Life imprisonment + 400k-500k: Shabu= 10g to 49 g

20yrs 1d to Life imprisonment + 400k-500k: less 10 grams of those

above mention 10gDrugs & 300g-499g of Marijuana

12yrs 1d to 20 yrs Imprisonment + 300k-400k: less 5 grams of those

abovementioned 10gdrugs & less 300g of Marijuana

Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs. (See Sec. 14)
Imprisonment: 5 months & 1 day – 4 years

Fine: P10k - P50k

Sec. 13. Possession of Dangerous Drugs During Parties, Social

Gatherings or Meetings

Any person found possessing any dangerous drug during a party, or at a

social gathering or meeting, or in the proximate company of at least two (2)
persons… regardless of the quantity and purity of such dangerous drugs.

Penalty : maximum penalty imposed under Section 11. Possession of

Illegal Drugs

Life Imprisonment to Death and Fine P500k - P10M

Sec. 14. Possession of Equipment, Instrument, Apparatus and

Other Paraphernalia for Dangerous Drugs During Parties, Social
Gatherings or Meetings

Any person who shall possess or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, introducing any dangerous
drug into the body during a parties, or at a social gathering or meeting, or in
the proximate company of at least two (2) persons.

Penalty : maximum penalty imposed under Section 12. Possession of

Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
Drugs

Imprisonment: 6 months & 1 day – 4 years Fine: P10k - P50k

Sec 15 Use of Dangerous Drugs

A person apprehended or arrested, who is found to be positive for use of any

dangerous drug, after a confirmatory test, shall be imposed a penalty of a
minimum of 5 months REHABILITATION in a government center for
the first offense

If apprehended using any dangerous drug for the second time, he/she shall
suffer the penalty of 5 yrs 1d to 12 yrs + P50k to P200k
Provided, That this Section shall not be applicable where the person tested is
also found to have in his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the provisions stated
therein shall apply.

Sec 16. Cultivation or Culture of Plants Classified as Dangerous

Drugs or are Sources Thereof

Life Imprisonment to Death + Fine of P500k to P10M

Any person, who shall plant, cultivate or culture marijuana, opium poppy or
any other plant regardless of quantity, which is or may hereafter be classified
as a dangerous drug or as a source from which any dangerous drug may be
manufactured or derived

Any person, who organizes, manages or acts as a "financier" of any of the

illegal activities prescribed in this Section = Death + Fine of P10M

Any person, who acts as a "protector/coddler" of any violator of the

provisions under this Section = Imprisonment of 12 years & 1 day - 20
years Fine of P100k to P500k

Other Unlawful Acts

Sec 18. Unnecessary Prescription of Dangerous Drugs

Sec 19. Unlawful Prescription of Dangerous Drugs (Practitioners such as

physicians, pharmacist , dentists)

Sec 37. Issuance of False or Fraudulent Drug Test Results

Sec 25. Attempt or Conspiracy. Any attempt or conspiracy to commit the

following unlawful acts shall be penalized by the same penalty prescribed for
the commission of the same: Importation; Sale, trading, administration,
dispensation, delivery, distribution and transportation;Maintenance of a den,
dive or resort where any dangerous drug is used in any form;Manufacture of
any dangerous drug and/or controlled precursor and essential chemical;
andCultivation or culture of plants which are sources of dangerous drugs.
Sec 27. Public Officer or Employee is criminally liable for Misappropriation,
Misapplication or Failure to Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or Properties Obtained from
the Unlawful Act Committed

Any elective local or national official found: Shall be removed from office
and perpetually disqualified from holding any elective or appointive positions
in the government, its divisions, subdivisions, and intermediaries, including
GOCCs

Sec 29. Criminal Liability for Planting of Evidence.

Any person who is found guilty of "planting" any dangerous drug and/or
controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of DEATH.

Planting of Evidence - The willful act by any person of maliciously and

surreptitiously inserting, placing, adding or attaching directly or indirectly,
through any overt or covert act, whatever quantity of any dangerous drug
and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the commission of any violation of
this Act.

Sec 91. Responsibility and Liability of Law Enforcement Agencies and

other Government Officials and Employees in Testifying as Prosecution
Witnesses in Dangerous Drugs Cases

… who, after due notice, fails or refuses intentionally or negligently, to

appear as a witness for the prosecution in any proceedings, involving
violations of this Act, without any valid reason

Imprisonment:12y & 1d - 20y + Fine: P500k

in addition to the administrative liability he/she may be meted out by his/her

immediate superior and/or appropriate body.

The immediate superior doesn’t present his employee to the court

Imprisonment of 2months & 1d to 5y + Fine of P10k to P50k

in addition, perpetual absolute disqualification from public office