RA 9165 (copy)

Comprehensive Dangerous Act of 2002

RA 9165 is otherwise know as

RA 6425

RA 9165 repealed this RA

Dangerous Drugs Act of 1972

RA 6425 is otherwise known as

administer

Any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation or other means

Board

Refers to Dangerous Drugs Board under section 77, article IX

Centers

Any of the treatment and rehabilitation centers for drug dependents referred to in Section 75, Article VIII of this Act

Chemical Diversion

Sale, distribution, supply or transport of essential chemicals to any person or entity engaged in manufacture of any dangerous drug

packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of

Clandestine Laboratory

Any facility used for the illegal manufacture of any dangerous drug

Confirmatory test

Validate and confirm the result of screening test

Controlled delivery

Investigative technique of allowing suspect consignment of any dangerous drug and gathering of evidence to identify any person involved

Controlled Precursors and Essential Chemicals

Include those listed in Tables I & II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Cultivate or Culture

Act of planting, growing, raiding, or permitting the planting, growing or raising any plant which is the source of dangerous drug

Dangerous Drugs

Include those listed in the schedules annexed to the 1961 single convention on narcotic drugs and 1971 single convention on psychotropic substances

Deliver

Act of knowingly passing a dangerous drug to another

Den, drive or resort

Place where any dangerous drug is administered, delivered, stored for illegal purposes, distributed, sold

Dispense

Act of hiving away, selling or distributing medicines or dangerous drus with or without prescription

Drug dependence

Strong desire or sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior

Drug syndicate

Any organized group of two or more persons forming together with the intention of committing any offense prescribed under this act

Employee of den, drive or resort

The caretaker, helper, watchman, lookout and other person working in the den

Financer

Any person who pays for, raises or supplier money for illegalmactivities

Illegal trafficking

Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession any any dangerous drugs

Instrument

Any thing that is used in the commission of illegal drug trafficking

Laboratory equipment

Apparatus, materials or appliances designed for use in the manufacture of any dangerous drug

Manufacture

Production, preparation, compounding or processing of any dangerous drug

Marijuana or Indian Hemp

Cannabis is commonly known as

Ecstacy

Drug having chemical composition of Methylenedioxymethamphetamine (MDMA)

Shabu, ice or meth

Methamphetamine Hydrochloride is commonly known as

Opium

Refers to coagulated juice of opium poppy

Opium poopy

Any part of the plant of the species Papaver

Philippine Drug Enforcement Agency (PDEA)

Meaning of PDEA

section 82, article 9

PDEA is under what section & article of this act

Planting of Evidence

Willful act by any person of inserting, placing adding or attaching any dangerous drug

Practitioner

Any person who is a licensed physician, dentist, chemists, medical technologist, nurse, pharamacists

Protector or coddler

Any person who knowingly and willfully consents to the unlawful acts

Pusher

Any person who sells, trade, deliver and administer dangerous drugs

Screening test

Rapid test performed to establish presumptuous or potential positive result

Sell

Act of giving away dangerous drug whether for money or other consideration

Trading

Transactions involving illegal trafficking of dangerous drugs using electronic devices

Unlawful acts & penalties

Article 2 is entitled

Life imprisonment to death and fine of 500000 to 10 million

Penalty for any person who import or bring into the PH dangerous drugs

12 years and 1 day to 20 years and a fine of 100 000 to 500 000

Penalty for any person who import controlled precursor and essential chemicals

Maximum penalty of section 4/ life imprisonment and fine of 500000 to 10million

Penalty for financier and any person who import dangerous drugs, controlled precursor and essential chemicals by using diplomatic passport and facility

12 years and 1 day to 20 years and a fine of 100 000 to 500 000 pesos

Penalty for protector/coddler (sec 4)

12 years and 1 day to 20 years and a fine of 100 000 to 500 000 pesos

Penalty for any person who shall sell, trade, administer, dispense any controlled precursor and essential drugs

Maximum penalty of sec 5/ life penalty to death and a fine of 500000 to 10million pesos

Penalty for financier, for any person whose victim is minor or mentally incapacitated, for drug pushers who use minors or mentally incapacitated individuals and if the sale, trading, administration, delivery transpires within 100 meters away from school

Life imprisonment to death and fine of 500000 to 10 million

Penalty for any person who shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in-transit or transport any dangerous drug

12 years and 1 day to 20 years and a fine of 100 000 to 500 000

Penalty for protector or coddler (sec 5)

Life imprisonment to death and fine of 500000 to 10 million

Penalty of any person or group of persons who shall maintain a den, drive or resort where any dangerous drugs is used

12 years and 1 day to 20 years and a fine of 100 000 to 500 000

Penalty for person who maintain a den, drive or resort where any controlled precursor and essential chemicals is used

1 million to 15 million and penalty of death

Penalty for maintainer, owner/ operator in which dangerous drug became a proximate cause of death of a person in den

12 years and 1 day to 20 years and a fine of 100 000 to 500 000

Penalty for employee of den who is aware of such place and for any person who is aware of such place and knowingly visit

12 years and 1 day to 20 years imprisonment and a fine of 100 000 to 500 000

Penalty of any person who manufacture any controlled precursor and essential chemical

Life imprisonment to death and fine of 500000 to 10 million pesos

Penalty for any person who shall engage in the manufacture of any dangerous drug

12 years and 1 day to 20 years imprisonment and a fine of 100 000 to 500 000 pesos

Penalty for any person who shall illegally divert any controlled precursor and essential chemical (chemical diversion)

12 years and 1 day to 20 years imprisonment and a fine of 100 000 to 500 000 pesos

Penalty for 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

Imprisonment for 6 months and 1 day to 4 years and fine of 10000 to 50000 pesos

Penalty if materials of paraphernalia for drugs is used to inject, ingest, inhale or introduce into the human body a dangerous drug

Life imprisonment to death and fine of 500000 to 10 million pesos

Penalty for any person who shall possess any dangerous drug in following quantities: 10 g or more of marijuana resin or marijuana resin oil, morphine, opium, cocaine or cocaine hydrochloride, heroin, ecstasy; 50 g or more of methamphetamine hydrochloride or shabu; 500 g or more of marijuana

Life imprisonment and fine of 400000 to 500000 pesos

Penalty if the quantity of methamphetamine hydrochloride or shabu is 10 grams or more but less than 50g

20 years and 1 day to life imprisonment and fine of 400000 to 500000

Penalty if the quantities of dangerous drugs are 5 grams or more but less than 10 g of cocaine, heroine, morphine, marijuana resin, shabu; 300 g or more but less 500g of marijuan

12 years and 1 day to 20 years imprisonment and fine of 300000 to 400000 pesos

Penalty if quantity of dangerous drugs is less than 5g; least than 300 g of marijuana

6 months and 1 day imprisonment to 4 years and a fine of 10000 to 50000 pesos

Penalty for any person who shall possess any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting or introducing dangerous drug into the body

Maximum penalties provided for in section 11 regardless of quantity and purity of dangerous drugs

Penalty for any person found possessing any dangerous drug during a party, or at a social gathering or meeting

Rehabilitation for 6months in government center

Penalty for first offense of using dangerous drugs

Imprisonment for 6 years and 1 day to 12 years and a fine of 50 000 to 200000 pesos

Penalty for second offense of using dangerous drugs

Life imprisonment to death and fine of 500000 to 10 million pesos

Penalty for any person who shall plant, cultivate, culture marijuana, opium poppy or any other plant regardless of quantity

Imprisonment for 1 year and 1 day to 6 years and fine of 10000 to 50000 pesos + revocation of license and business permits

Penalty for those who fail to comply with the maintenance and keeping of original records of transactions on any dangerous drugs and controlled precursor and essential chemicals

12 years and 1 day to 20 years imprisonment and a fine of 100 000 to 500 000 pesos + revocation of license

Penalty for unnecessary prescription of dangerous drugs

Life imprisonment to death and fine of 500000 to 10 million pesos

Penalty for unlawful prescription of dangerous drugs

24 hours

All confiscated/ seized items must be surrended to PDEA Laboratory within

24 hours

Certification of forensic laboratory examination shall be issued within

Next 24 hours

Final certification of forensic laboratory examination result shall be issued within

Within 72 hours

After filing of criminal case, the court shall have ocular inspection of confiscated dangerous drugs, plant sources of dangerous drugs and controlled precursors and essential chemicals within

Board

Draw up the guidelines on the manner of proper disposition and destruction of such items

Board

Issue a sworn certification as to the fact of destruction or burning of subject items

Secretary of Justice

Appoint a member of the public attorney's office

Within 72 hours after failing to appoint representative

When will the SOJ appoint public attorney to offender

DOH

Custody and disposal o f seized drugs shall be implemented by

Representatives of the court, DOJ, DOH and the accuses

Dangerous drugs in possession of law enforcement shall be destroyed in presence of

Probation law

Presidential decree no. 968

Probation law or presidential decree no. 968

Drug trafficker or pusher cannot avail of the privilege granted by what law

Life imprisonment to death and fine of 500000 to 10 million pesos + absolute perptual disqualification from any public office

Criminal liability for public officer or employee who fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, instruments, controlled precursor and essential chemicals

Maximum penalties + absolute perpetual disqualification from any public office

Criminal liability of government officials and employees

Penalty of death

Criminal liability for planting of evidence

Imprisonment of 6 months and 1 day to 4 years and fine of 10000 to 50000 pesos

Liability of person violating any regulation issued by the board

Section 4-35

Sections under article II

Disqualified to exercise civil & political rights

Any person convicted under accessory penalties are disqualified to

Dangerous Drug Test and Record Requuirements

Article III title

DOH

take step in setting the price of the drug test

Screening test

Will determine positive result as well as type of the drug used

Confirmatory test

Will confirm a positive screening test

One-year period from date of issue

Drug test certificates shall be valid for

Government forensic laboratories or drug testing lab. accredited by DOH

Authorized drug testing shall be done by

6 years and 1 day to 12 years imprisonment and a fine of 100000 to 500000 pesos + revocation of license and closure of drug testing center

Penalty for issuance or fraudulent drug test results

DOH

Accredit and license drug testing center, accredit physicians and establish, operate and maintain drug testing centers

Section 36-40

Sections under article III

Family

Primarily responsible for the education and awareness of the members of the family on ill effects of dangerous drugs

Board, DepEd, CHED, & TESDA

Publication and Distribution of Materials on Dangerous drugs is assisted by

Board, DSWD, DILG, NYC

Special drug education center is assisted by

Section 41-46

Sections under Article IV

Participation of family, students, teachers & school authorities in the enforcement of this act

Full title of article IV