8 | RA 9165: Comprehensive Dangerous Drugs Act of 2002

Dangerous Drugs Board (DDB)

Philippine Drug Enforcement Agency (PDEA)

government agencies directly answer to the regulation, apprehension, and monitoring of the use and sale of illegal drugs.

Republic Act No. 6425

Republic Act No. 9165.

laws that pertain to drug/substance abuse

Dangerous Drugs Board (DDB)

agency that monitors the use, sale, production, and consumption of illicit drugs and other paraphernalia.

Illicit drugs

Drugs which are prohibited by law

Philippine Drug Enforcement Agency (PDEA)

agency that monitors and penalizes the use, sell, and processing of illicit drugs and other paraphernalia

Regulated drugs

Drugs which are monitored by the PDEA for illegal importation

Pusher

any person who sells, administers, delivers, or gives away to another, distributes, dispatches in transit, acts as a broker, in violation of R.A. 6425

Republic Act No. 6425

The Dangerous Drugs Act of 1972

Republic Act No. 9165

The Comprehensive Drugs Act of 2002

Narcotic drug

any drug which produces insensibility, stupor, melancholy, or dullness of mind with delusions and which may be habit-forming, and shall include opium, opium derivatives, and synthetic opiates

Opium

coagulated juice of the opium poppy (Papaver somniferum) and embraces every kind and class of opium

o ice

o meth

o crystal

o kristal

o basura (trash)

o tawas

familiar term shabu

impaired verbal learning and reduced motor skills.

Persons with a history of shabu use are believed to have ___

METHAMPHETAMINE HYDROCHLORIDE (SHABU)

The immediate effect of this drug is the blocking in the brain of a neurotransmitter known as dopamine.

METHAMPHETAMINE HYDROCHLORIDE (SHABU) effects

o weight loss,

o confusion,

o insomnia,

o mood disturbances, and, to some extent,

o violent behavior

CANNABIS SATIVA (MARIJUANA)

Commonly known as:

o weed

o jutes

o pot

o grass

o damo

o chongke

o Indian hemp

CANNABIS SATIVA (MARIJUANA)

impairs the ability of a person to focus.

disrupts coordination, balance, and reaction time due to the active ingredient tetrahydrocannabinol (THC).

tetrahydrocannabinol (THC)

common ingredient in shabu & marijuana

lung cancer and related respiratory problems.

Studies reveal that chronic users of marijuana are likely to acquire

o a distorted perception

o problems with memory and learning

o a loss of motor coordination, and

o an increased heart rate

Marijuana users also experience:

INHALANTS

more popular today

INHALANTS

cheap and easily accessible.

Rugby

common inhalant

Acetone

another common inhalant

o slurred speech

o lightheadedness

o hallucinations

o delusions

People who use inhalants experience:

INHALANTS

The irreversible complications of their misuse are:

o hearing loss,

o damages to the central nervous system (CNS) and

the bone marrow.

Dangerous Drugs Board (DDB)

established during the term of former President Ferdinand Marcos

Dangerous Drugs Board (DDB)

established on November 14, 1972 after the promulgation of P.D. No. 44 which amended R.A. 6425 or the Dangerous Drugs Act of 1972.

Dangerous Drugs Board (DDB)

became the national clearinghouse on all matters related to solving the drug problem in the Philippines.

1 Department of Health;

2 Department of Social Services and Development (now Department of Social Welfare and Development);

3 Department of Education, Culture, and Sports (now Department of Education);

4 Department of Justice;

5 Department of National Defense;

6 Department of Finance;

7 National Bureau of Investigation

DOH, DSWD, DepEd, DOJ, DND, DOF, NBI

seven government agencies work in collaboration with the DDB.

approval of R.A. No. 9165

DDB has increased the number of its partners in fighting the use of prohibited drugs in our society, the most notable of which is the Philippine Drug Enforcement Agency.

Secretary Catalino Salandanan Cuy

DDB is currently headed by: [Based on the lecture]

Sec. Benjamin R. Reyes

DDB is currently headed by: [Based on the book]

9 members

DDB is composed of [how many members]

9 Members of DDB

Secretaries of DOH, DSWD, DepEd, DOJ, DND, DOF, NBI

+ 3 members who shall possess adequate training and experience in the field of dangerous drugs or in law, medicine, criminology, psychology, or social work.

president

The ___ shall designate a chairman from among the 3 appointed members who shall serve for 6 years.

Of the two other members, one shall serve for 4 years and the other for 2 years.

PHILIPPINE DRUG ENFORCEMENT AGENCY

arm of the government

responsible for the enforcement of the provisions on the use of prohibited drugs.

Republic Act No. 6425

Signed on April 4, 1972

Republic Act No. 9165

a law repealing R.A. 6425

PROHIBITED DRUGS

Opium: heroin & morphine

PROHIBITED DRUGS

Coca leaf: cocaine, alpha and beta eucaine

PROHIBITED DRUGS

Hallucinogenic drugs: lysergic acid, diethylamide

PROHIBITED DRUGS

Indian hemp

Regulated drugs

Self-inducing additives: -barbital

Regulated drugs

Salt of an isomer of amphetamine: benzedrine or Dexedrine

Regulated drugs

Hypnotic drugs: methaqualone

SECTION 4.

IMPORTATION OF DANGEROUS DRUGS

SECTION 5.

SALE, ADMINISTRATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION OF PROHIBITED DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

SECTION 6.

MAINTENANCE OF A DEN, DIVE, OR RESORT

SECTION 8.

MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

SECTION 11.

POSSESSION OF DANGEROUS DRUGS

SECTION 14.

POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER PARAPHERNALIA FOR DANGEROUS DRUGS DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS

SECTION 15.

USE OF DANGEROUS DRUGS

SECTION 16.

CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE SOURCES THEREOF

SECTION 17.

MAINTENANCE AND KEEPING OF ORIGINAL RECORS OF TRANSACTIONS ON DANGEROUS DRUGS

SECTION 18.

UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS

SECTION 19.

UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS

SECTION 20.

CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE UNLAWFUL ACT, INCLUDING THE PROPERTIES OR PROCEEDS DERIVED FROM THE ILLEGAL TRAFFICKING OF DANGEROUS DRUGS AND/OR PRECURSORS AND ESSENTIAL CHEMICALS

SECTION 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.

SECTION 40.

RECORDS REQUIRED FOR TRANSACTIONS ON DANGEROUS DRUGS AND PRECURSORS AND ESSENTIAL CHEMICALS

SECTION 4. IMPORTATION OF DANGEROUS DRUGS

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

SECTION 5. SALE, ADMINISTRATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION OF PROHIBITED DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

In case of a practitioner, the additional penalty of the revocation of his license

If the victim of the offense is a minor, the maximum penalty shall be imposed

Cause of death: maximum penalty shall be imposed

SECTION 6. MAINTENANCE OF A DEN, DIVE, OR RESORT

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

• If a minor is involved, the maximum of the penalty shall be imposed.

Cause of death (of an individual): penalty of death or fine of 1M to 15M pesos shall be imposed

SECTION 8. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

SECTION 14

The maximum penalty provided for in Section 12 of this Act shall be imposed upon 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, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons.

SECTION 15. USE OF DANGEROUS DRUGS

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

SECTION 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE SOURCES THEREOF

Imprisonment: Life imprisonment to Death

Fine: 500,000 – 10M pesos

• The land will be confiscated and escheated in favor of the State, unless owner proves of no involvement.

SECTION 17. MAINTENANCE AND KEEPING OF ORIGINAL RECORS OF TRANSACTIONS ON DANGEROUS DRUGS

Imprisonment: 1 year and 1 day to 6 years

Fine: 10,000 – 50,000 pesos

Additional penalty: revocation of license to the practitioner

SECTION 18. UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS

Imprisonment: 12 years and 1 day to 20 years

Fine: 100,000 – 500,000 pesos

Additional penalty: revocation of license to the practitioner

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 license number and address of the pharmacist;

A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board (municipal health officer) within fifteen (15) days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned.

A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall

issue the prescription therefore in one (1) original and two (2) duplicate copies.

original - retained by the pharmacy for 1 year from date of sale/delivery

duplicate 1 - buyer or person to whom the drug is delivered until consumed

duplicate 2 - person issuing the prescription

IMPORTATION OF REGULATED DRUGS

Imprisonment: 6 years and 1 day to 12 years

Fine: 6,000 to 12,000 pesos

Unless authorized by law

SALE, ADMINISTRATION, DELIVERY, DISTRIBUTION AND TRANSPORTATION OF REGULATED DRUGS

Imprisonment: 6 years and 1 day to 12 years

Fine: 6,000 to 12,000 pesos

In case of a practitioner, the additional penalty of the revocation of his license.

Unless authorized by law

UNLAWFUL PRESCRIPTION OF REGULATED DRUGS

Imprisonment: 4 years and 1 day to 8 years

Fine: 4,000 to 8,000 pesos

All these sanctions apply, unless authorized by law

UNNECESSARY PRESCRIPTION OF REGULATED DRUGS

Imprisonment: 6 years and 1 day to 4 years

Fine: 600 to 4,000 pesos

Additional penalty: revocation of license to the practitioner who prescribed the drug for any person whose physical or physiological condition does not require the use thereof

REHABILITATIVE CONFINEMENT AND SUSPENSION OF SENTENCE

“If a drug dependent voluntarily submits himself for confinement, treatment, and rehabilitation, the Board may, by rules and regulations, prescribe, he shall not be criminally liable for any violation.”

MINOR

Files under the Court of Instance of the province

MINOR

2 physicians to conduct the examination

Negative: Discharge

Positive: Commitment to for treatment

exam result consequences

ESCAPE FROM REHAB

May resubmit himself for confinement w/in 1 week

If failure to resubmit:

The Board may file a sworn petition for his recommitment

If subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal liability.

TREATMENT AND REHABILITATION CENTER FOR DRUG DEPENDENTS AT TAGAYTAY CITY

Maintained by the National Bureau of Investigation under the supervision and finding of the Board

PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO)

For this Republic Act, the agency shall constitute at least 50% from unclaimed and forfeited sweepstakes to be reserved for assistance to accredited and deserving private rehabilitation centers.