MT LAWS AND BIOETHICS: RA 9165 (THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002) (copy)

The “Comprehensive Dangerous Drugs Act of 2002”

RA 9165 is also known as?

• Dangerous Drugs Board

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

• Methamphetamine hydrochloride (shabu)

• Cannabis sativa (marijuana)

Among the abused substances in the country are?

Dangerous Drugs Board (DDB)

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

• Became the national clearing house on all matters related to solving the drug problem in the Philippines

Illicit Drugs

Drugs which are prohibited by law

Philippine Drug Enforcement Agency (PDEA)

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

• The arm of the government which is responsible for the enforcement of the provisions on the use of prohibited drugs

Regulated Drugs

Drugs which are monitored by the PDEA for illegal importation

RA 6425

The Dangerous Drugs Act of 1972

Narcotic drug

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

Opium

Refers to coagulates juice of the opium poppy (Papaver somniferous) and embraces every kind and class of opium

Methamphetamine Hydrochloride (Shabu)

• Results to impaired verbal learning and reduced motor skills

• Immediate Effect: Blocks the neurotransmitter (dopamine) in the brain • Other Effects: Weight loss, confusion insomnia, mood disturbances, and violent behavior

ice, meth, crystal, Kristal, basura (trash), and tawas

Street names of Shabu

Cannabis sativa (Marijuana)

• Impairs the ability of the person to focus

• Disrupts coordination, balance, and reaction time due to active ingredient tetrahydrocannabinol (THC)

• Chronic users – likely to acquire lung cancer and respiratory problems

• Other Effects: Distorted perception, problems with memory and learning, a loss of motor coordination and an increased heart rate

weed, jutes, pot, grass, damo, and chongke, indian hemp

Street names of Marijuana

Inhalants

• More popular – cheap and easily accessible

• Effects: Slurred speech, lightheadedness, hallucinations, and delusions

• Irreversible complications of their misuse: hearing loss and damages to the CNS and bone marrow

• Example: Rugby

November 14, 1972

When was Dangerous Drugs Board established?

Secretary Catalino Salandaan Cuy

DDB is currently headed by?

• Department of Health

• Department of Social Services and Development (now Development of Social Welfare and Development)

• Department of Education, Culture, and Sports (now Department of Education)

• Department of Justice

• Department of National Defense

• Department of Finance

• National Bureau of Investigation

Agencies in collaboration with DDB:

• 9 members (Sec. of Justice, National Defense, Health, Education, Finance, and Department of Social Welfare)

Composition of the DDB:

• • Opium: heroin & morphine

• Coca leaf: cocaine, alpha and beta eucaine

• Hallucinogenic drugs: lysergic acid diethylamide

• Indian hemp (marijuana)

Prohibited Drugs

• Self-inducing additives: secobarbital, phenobarbital, pentobarbital, barbital, aminobarbital

• Salt of an isomer of amphetamine: benzenedrine or dexedrine

• Hypnotic drugs: methaqualone

Regulated Drugs

Pharmacist

• Shall maintain and keep an original record of sales, purchases, acquisitions, and deliveries of dangerous drugs, indicating therein license number and address of pharmacist

• A certified true copy with the signature of the pharmacist and owner of the drug store shall be forwarded to the municipal health officer within 15 days

Physician, Dentist, Veterinarian or authorized to prescribed ay dangerous drugs

Shall issue the prescription therefore in one original and two duplicate copies

“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”

Rehabilitative Confinement and Suspension of Sentence

Minor

• • Files under the Court of Instance of the province

• 2 physicians to conduct the examination

• Negative: Discharge

• Positive: Commitment to for treatment

Escape from Rehab

• May resubmit himself for confinement within 1 week

• If failure to submit: 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

The Tagaytay center

• shall constitute the nucleus of such centers as may be created, authorized, and/or accredited

• maintained by the National Bureau of Investigation

PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO)

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

Republic Act No. 9165

An act instituting the comprehensive dangerous drugs act of 2002, repealing republic act no. 6425, otherwise known as the dangerous drugs act of 1972, as amended, providing funds therefore, and for other purposes

Clandestine Laboratory

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

Cultivate or Culture

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

Den, Dive or Resort

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

Dispense

Dispense

Drug Syndicate

Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

Employee of Den, Dive 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 administered, delivered, distributed, sold or used, with or without compensation, in connection with the operation thereof.

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.

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.

Protector/Coddler

• Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

avail of the provision on plea-bargaining.

Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to?

• Applicants for driver’s license

• Applicants for firearm’s license and for permit to carry firearms outside of residence

• Students of secondary and tertiary schools

• Officers and employees of public and private offices

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

• All persons charged before the prosecutor’s office

• All candidates for public office

The following shall be subjected to undergo drug testing:

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?

Imprisonment: 1 year and 1 day to 6 years

Fine: 10,000 – 50,000 pesos • Additional penalty: revocation of license to the practitioner

penalty for Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

fifteen (15) days after receipt of the result

If found to be positive, the results of the screening laboratory examination or test shall be challenged within?

true

true or false: The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent

imprisonment: Life imprisonment to death

Fine: 500,000-10 million

What is the penalty of the following:

• Importation of any dangerous drug and/or controlled precursor and essential chemical;

• Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;

• 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;

• Cultivation or culture of plants which are sources of dangerous drugs.

Imprisonment: 6 years and 1 day to 12 years

Fine: 6, 000 to 12, 000 pesos

penalty for importation of regulated drugs and sale, administration, delivery, distribution, and transportation of regulated drugs

Imprisonment: 4 years and 1 day to 8 years

Fine: 4, 000 to 8, 000

penalty for unlawful prescription of regulated drugs

Imprisonment: 6 months and 1 day to 4 years

Fine: 600 to 4, 000

penalty for unnecessary prescription of regulated drugs