RA NO. 9165 (Comprehensive Dangerous Drugs Act of 2002) Full

An Act Instituting the Comprehensive Dangerous Drugs act Act of 2002, Repealing Republic Act No. 6425, Otherwise known as the Dangerous Drugs Act of 1972, As Amended, Providing Funds Therefor, and for other purposes

RA NO. 9165

Comprehensive Dangerous Drugs Act of 2002

RA NO. 9165 shall be known and cited as

integrity, youth, physical, mental, development, preservation

It is the policy of the State to safeguard the _______ of its territory and the well-being of its citizenry particularly the ____, from the harmful effects of dangerous drugs on their ____ and _____ well-being, and to defend the same against acts or omissions detrimental to their _____ and _____. In view of the foregoing, the State needs to enhance further the efficacy

Confirmatory Test

An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test.

Administer

Any act of introducing any dangerous drug into the body of any perosn, with or without his/her knowledge, by injectiom, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in adminsitering a dangerous drug to himself/hersef unless administered by a duly licensed practitioner for purposes of medication

Chemical Diversion

The sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procurred controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraundulent use of permits, misdeclaration, use of front companies or mail fraud

Clandestine Laboratory

Any facility used or the illegal manufacture of any dangerous drug and or controlled precursor and essential chemical

Controlled Delivery

The investigative techniqueof allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly, or indierctly from any offense, to pass intro, through or out of the country under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense

Controlled precursors and Essential Chemicals

Include those listed in Tables 1 and 2 of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached anex, which is an integral part of this Act

Cultivate or Culture

Any act of knowlingly planting, growing, raising, or permitting the planting, growing or raising of any plant which is the source of the dangerous drug

Dangerous Drug

Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convenion on Psychotropic Substances as enumerated in the attached anex which is an integral part of this Act

Deliver

Any act of knowlingly passing a dangerous drug to another, personally or otherwise, by any means, with our without consideration

Den,Dive or Resort

A place where any dangerous drug and/or controlled precusor and essential chemical is adminstered, delivered, stored for illegal purposes, distributed, sold or used in any form

Dispense

Any act of giving away, selling, or distributing medicine or any dangerous drug with or without the use of prescription

Drug dependence

As based on the WHO definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance - taking behvior in terms of its onset, termination, or levels of use

Drug Syndicate

Any organized groyp of two or more persons forming or joining togerther with the intention of committing any offense prescribe under this act

Employee of Den, Drive or Resort

The caretaker, helper, watchman, lookout and other persons working in the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is adminsitered, delivered, distributed, sold, or used, wth or wihtout compensation, in connection with the operation thereof

Financier

Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under this Act

Illegal Trafficking

The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical

Instrument

Any thing that is used in or intented to be used in any manner in the commission of illegal drug trafficking or related offenses

Laboratory Equipment

The paraphernalia, apparatus, materials, or appiances when used, intended for use or designed for use in the manufacture of any dangerous drug and/ or CP an EC, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their subsitute.

Manufacture

The production, preparatiom, compounding, or proccessing of any dangerous drug, and/or CP and EC

Cannabis or "Marijuana" or "Indian Hemp"

Embraces every kind, class, genus, or specie of the plant Cannabis sativa L. Including, but not limited to, cannabis americana, hashish, bhang, guaza churrus and ganjab, and embraces every kind, class and character of marijuana

Methylenedioxymethamphetamine (MDMA) or "Ecstasy"

Refers to the drug having such chemical compositions, including any of its isomers or derivatives in any form

Opium

Refers to the coagulated juice of the opium poppy (Papaver sonniferum L.

Oppium poppy

Refers to any part of the plant of the specieis papaver sonniferum L., papaver setigerum DC, etc.

PDEA

Refers to the Philippine Drug Enforcement Agency

Philippine Drug Enforcement Agency

PDEA

Person

Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, joint stock company, association, syndicaate, joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations

Planting of Evidence

The willful act by any person of maliciously and surreptitously inserting, placing, adding or attaching directly or indirectly, through any overt or over act, whatever quantity of any dangerous grug and/or CP and EC

Practitioner

Any person who is a licesed physician, dentst, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the philippines

Protector/Coddler

Any person who knowingly and willfully consents too the unlawful acts provided for in this act and uses her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows

Pusher

Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes

School

Any educational institution, private or public, undertaking educational operation for pupils/students

Screening Test

A rapid testperformed to establish potential/presumptive positive result

Sell

Any act of giving away any dangerous drug and/or CP and EC whether for money or any other consideration

Trading

Transaction involving the illegal trafficking of dangerous drugs and/ or CP and EC using electronic devices or acting as a broker in any such transactions

Use

Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drug

life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

______ shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes.

(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential chemical.

12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person, who acts as a protector/coddler of any violator of the provisions under this Section.

life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.

(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.

one hundred (100) meters

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within _______ from the school, the maximum penalty shall be imposed in every case.

(12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person, who acts as a " protector/coddler" of any violator of the provisions under this Section.

life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos(P10,000,000.00)

shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.

twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.

penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (P15,000,000.00)

shall be imposed on the maintainer, owner and/or operator where Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort

12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon:

a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and

b) 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.

(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)

shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)

shall be imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.

Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00),

if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;

Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00),

if the quantities of dangerous drugs are five (5) grams or more but less than 10 grams

Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00),

if the quantities of dangerous drugs are less than five (5) grams

(6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)

shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.

six (6) months

six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00):

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 _____ rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from ______ 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 10 of this Act, in which case the provisions stated therein shall apply.

life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)

shall be imposed upon 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:

The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)

shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance with Section 40 of this Act

twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to practiced

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten Million pesos (P10,000,000.00)

shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

5 days

the forfeited property is a vehicle, the same shall be auctioned off not later than upon order of confiscation or forfeiture.

The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute perpetual disqualification from any public office,

shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized 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 acts as provided for in this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00)

shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Board.

DOH

Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the ____ to safeguard the quality of test results. The ____ shall take steps in setting the price of the drug test with ____ accredited drug testing centers to further reduce the cost of such drug test

screening test

confirmatory test

The drug testing shall employ, among others, two (2) testing methods, the _______ which will determine the positive result as well as the type of the drug used and the ______ which will confirm a positive screening test.

Applicants for driver's license

Applicants for firearm's license and for permit to cary firearms outside of residence

Students of secondary and tertiary schools

Officers and employees of public and private officers

Officers and members of military, police and other law enforcement agencies

All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than 6 years and 1 day shall have to undergo a mandatory drug test

All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test

The following shall be subjected to undergo drug testing:

one-year

Drug test certificates issued by accredited drug testing centers shall be valid for a ____ period from the date of issue which may be used for other purposes.

imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

Any person authorized, licensed or accredited under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug test results knowingly, willfully or through gross negligence, shall suffer the penalty of

1) License number and address of the pharmacist;

2) Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased;

3) Quantity and name of the dangerous drugs purchased or acquired

4) Date of acquisition or purchase;

5) Name, address and community tax certificate number of the buyer

6) Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

7) Quantity and name of the dangerous drugs sold or delivered; and

8) Date of sale or delivery.

Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs, indicating therein the following information:

six (6) months

fifteen (15) days

June

December

A certified true copy of such record covering a period of _____, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within _____ following the last day of ___ and ____ of each year, with a copy thereof furnished the city or municipal health officer concerned.

one (1) original and two (2) duplicate

one (1) year

A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in ______ and ______ copies. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of _____ from the date of sale or delivery of such drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription.

education

awareness

close monitoring

The family being the basic unit of the Filipino society shall be primarily responsible for the ______ and ______ of the members of the family on the ill effects of dangerous drugs and______ of family members who may be susceptible to drug abuse.

Department of Interior and Local Government

DILG

National Youth Commission

NYC

Department of Social Welfare and Development

DSWD

Provincial Social Welfare Department Officer

DILG, NYC, and DSWD shall be headed by ____

Tripartite approach

A policy of the state to promote drug-free workplace using a ______

Department of Labor and Employment

DOLE

The Board and DOLE

Who shall formulate the necessary guidelines for the implementation of the national drug—free workplace program

Two or more

public nuisance

Any place or premises which have been used on ____ occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a ______

Three days

Any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than _____ written notice of such complaint to the owner of the place or premises at his/her last known address

The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1,000.00) to Six thousand pesos (P6,000.00),

shall be imposed upon any person who, having official custody of or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, having gained possession of said records, whether lawfully or not, reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its implementation.

the board

Shall be the policy-making and strategy-formulating body in the planning and formulation of policies and program son drug prevention and control

PDEA

Which serves as the implementing arm of the Board, and shall be responsible for the efficient and effective law enforcement of all the provision on any dangerous drug and/or CP and EC

Director General with the rank of Undersecretary

PDEA shall be headed by a ___ who is responsible for the general administration and management of the Agency

2 deputies director general

The director general shall be assisted by ___

PDEA Academy

Shall be responsible in the recruitment and training of all PDEA Agents and personnel.

Baguio or Tagaytay City

PDEA Academy shall be established either in. __ or __

At least 21 yrs old

of proven integrity and honesty

Baccalaureate degree holder

The board shall provide for the qualifications and requirements of its recruits who must be: (3)

five (5) years

The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of ___ during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized.

Superintendent

Director

The Academy shall be headed by a ____, with the rank of ____. He/she shall be appointed by the PDEA Director General

10% and not less than 12M: At least 50% shall be reserved for assistance to government-owned rehabilitation centers

PCSO funds to be donated

5M: 50%

PAGCOR funds to be donated