RA 9165 p1

Comprehensive Dangerous Drugs Act of 2002

REPUBLIC ACT NO. 9165 aka __ ?

Signed: June 7, 2002

Published: June 19, 2002

Took effect: July 4, 2002

REPUBLIC ACT NO. 9165 ( "Comprehensive Dangerous Drugs Act of 2002".)

Signed: ____ ?
Published : ____?

Took effect: ___ ?

March 30, 1972

RA 6425 or Dangerous Drugs Act of 1972 is on ___ [what date] ?

Dangerous Drugs Act of 1972

RA 6425 aka ?

November 9, 1972

RA 6425 ( Dangerous Drugs Act of 1972) is ammended by PD # 44 (Placed under control not only narcotics but also psychotropic substances) on ____[what date] ?

REPUBLIC ACT NO. 9165 ( "Comprehensive Dangerous Drugs Act of 2002".)

____ - It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being

REPUBLIC ACT NO. 9165 ( "Comprehensive Dangerous Drugs Act of 2002".)

___ to defend the same against acts or omissions detrimental to their development and preservation. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills.

REPUBLIC ACT NO. 9165 ( "Comprehensive Dangerous Drugs Act of 2002".)

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 THEREFOR, AND FOR OTHER PURPOSES

 

REPUBLIC ACT NO. 9165 ( "Comprehensive Dangerous Drugs Act of 2002".)

It is further declared the policy of the State 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.

Administer

___is any act of introducing any dangerous drug into the body of any person, with or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication.

Board

___- refers to the Dangerous Drugs Board

Centers

___is any of the treatment and rehabilitation centers for drug dependents

Chemical Diversion

__ is the sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured 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, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

Clandestine Laboratory

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

Confirmatory Test

__is 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.

Controlled Delivery

___is the investigative technique of 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 indirectly from any offense, to pass into, 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 drugs related offense, or to facilitate prosecution of that offense

Controlled Precursors and Essential Chemicals

___include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

Cultivate or Culture

___is 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.

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 Convention on Psychotropic Substances

Controlled Precursors and Essential Chemicals

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

Deliver.

___is any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

Den, Dive or Resort

___is 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.

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

Drug Dependence

___based on the World Health Organization 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 behavior in terms of its onset, termination, or levels of use.

Drug Syndicate

___is 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.

___is 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.

Financier

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

Illegal Trafficking

___is 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 chemica

Instrument

___is any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses.

Laboratory Equipment

___are the paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute.

Manufacture

___is the production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin

Manufacture.

___is the means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose.

"Marijuana" or "Indian Hemp

Cannabis is commonly known as _______

Cannabis /Marijuana / 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

Marijuana

• Marijuana resin, marijuana oil

Cannabis /Marijuana / Indian Hemp

___embraces every kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever.

Ecstasy"

Methylenedioxymethamphetamine (MDMA) is commonly known as ___

Shabu / Ice / Meth

Methamphetamine Hydrochloride is commonly known as __

Opium

______refer to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves, whether prepared for use or not.

Opium Poppy

___refer 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.

PDEA

___- refer to the Philippine Drug Enforcement Agency

Person

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

Planting of Evidence

___is 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.

Practitioner

___is any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian or pharmacist in the Philippines

Protector/Coddler

___is 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.

Pusher

___is any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of this Act.

School

___is any educational institution, private or public, undertaking educational operation for pupils/students pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a group of buildings in a particular physical or cyber site.

Screening Test

___is a rapid test performed to establish potential/presumptive positive result.

Sell

___is any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.

Trading

___is any transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act.

Use

___is 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, and of the dangerous drugs.

1 .ACETIC ANHYDRIDE

2. N-ACETYLANTHRANILIC ACID

3. EPHEDRINE

4. ERGOMETRINE

5. ERGOTAMINE

6. ISOSAFROLE

7. LYSERGIC ACID

8. 3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE

9. NOREPHEDRINE

10. 1-PHENYL-2-PROPANONE

11. PIPERONAL

12. POTASSIUM PERMANGANATE

13. PSEUDOEPHEDRINE

14. SAFROLE

LIST OF SUBSTANCES IN TABLE I [14]

1 ACETONE

2. ANTHRANILIC ACID

3. ETHYL ETHER

4. HYDROCHLORIC ACID

5. METHYL ETHYL KETONE

6. PHENYLACETIC ACID

7. PIPERIDINE

8. SULPHURIC ACID

9. TOLUENE

LIST OF SUBSTANCES IN TABLE II [9]

• Death

• P500K-P10M

Penalties:

Importer (DD)

• 12y1d-20y

• P100K-P500K

Penalties:

___- Importer (CP/EC)

Maximum penalty

Penalties:

Importer (Diplomatic passport)

Maximum penalty

Penalties:

Financier, Organizer, Manager of Importation

•   12y1d-20y 

• P100K-P500K

Penalties:

_____- Protector/Coddler 

Reclusion Perpetua

Life imprisonment is similar with___

◦RA 9344 – Juvenile Protection Law

◦RA 9346 – Prohibition on the impostion of death penalty

RA 9165 was modified by later laws namely___[2]

Juvenile Protection Law

RA 9344 aka ___

Prohibition on the impostion of death penalty

RA 9346 aka ___

15 years old

Youthful offender below ___ years old are exempted from criminal liability

• Death

• P500K-P10M

Penalties:

Sale, Trade, Deliver, Distribute, Transport, Broker (DD)  Life

Mnemonic: STDDTB

• 12y1d-20y

• P100K-P500K

Penalties:

_____- Sale (CP/EC)

Maximum penalty

Penalties:

Transpires 100m From the school

Maximum penalty 

Penalties:

Drug Pushers (victim: minors/mentally incapacitated)

Maximum penalty 

Penalties:

Drug Pusher (victim: minor, causes death)

• 12y1d-20y 

• P100K-P500K

Penalties:

___- Protector/Coddler

• Death

• P500K-P10M

Penalties:

Maintenance of a Den, Dive or Resort of Dangerous Drugs Life

• 12y1d-20y

• P100K-P500K

Penalties:

___- CP/EC

P1M-P15M

Penalties:

_____- Cause death while in such den, dive.

confiscation of property

Penalties:

________- Owned by a 3rd party

maximum penalty

Penalties:

_____-Financier

• 12y1d-20y

• P100K-P500K

Penalties:

____- Protector/Coddler

DEN, DIVE OR RESORT

___is 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

CLANDESTINE LABORATORY

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

• 12y1d-20y

• P100K-P500K

Penalties:

___- Employees or visitors

P500K-P10M

Penalties:

Dangerous Drugs Fine ___ ?

• Life imprisonment to death

• fine P500K-P10M

Penalties:

(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 coccaine or coccaine HCl

(5) 50 grams or more of methamphetamine HCl/shabu

(6)10 grams or more of marijuana resin or resin oil

(7) 500 grams or more of marijuana

(8) 10 grams or more of DD such as MDA, LSD, PMA, TMA, GHB

• Life – Death

• P400K-P500K

Penalties:

10g- LT 50g (shabu)

• 20y1d-life

• P400K-P500K

Penalties:

5g- LT10 g (opium, morphine, heroin, coccaine, shabu, MDMA, TMA, LSD, GHB)

• 20y1d-life

• P400K-P500K

Penalties:

MT 300g

• 12y1d-20y

• P300K-P400K

Penalties:

LT 5g (opium, morphine, heroin, cocaine, shabu, MDMA, TMA, LSD, GHB)

• 12y1d-20y 

• P300K-P400K

Penalties:

LT 300g (marijuana)

Actual Possession

__ possession is when the drug is in immediate physical possession or control of the accused

Constructive Possession

__ possession is when the drug is under the dominion or control of the accused.

• 6m1d – 4years 

• P10K-P50K

Penalties:

_________-
Possession of Equipment, Instrument, Apparatus, and other Paraphernalia for DD

implementing guidelines

Possession of Equipment, Instrument, Apparatus, and other Paraphernalia for DD ; If used by medical practitioner, the Board shall prescribe the necessary___.

Maximum penalty

Penalties:

Possession of DD during Parties and Social Gathering, and Meetings

• Maximum penalty

• 4y and P50K

Penalties:

Possession of Equipment, Instrument, Apparatus, and other Paraphernalia for DD during parties, social gathering, or meetings

• + Confirmatory test  1st offense: min. 6m rehabilitation

• 2nd offense: 6y1d – 12y, P50K-P200K

Penalties:

___- Use of DD

Screening tests

___is a rapid test performed to establish potential/presumptive positive result.

Screening tests

__refers to the immunoassay test to eliminate a “negative” specimen, i.e. one without the presence of dangerous drugs, from further consideration and to identify the presumptively positive specimen that requires confirmatory test

Confirmatory tests

__is 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.

Confirmatory tests

___refers to the second or further analytical procedure to more accurately determine the presence of dangerous drugs in a specimen

• 1y1d-6y

•   P10K-P50K

Penalties:

__- Manufacturer, wholesaler

revocation of LTO or   license to practice profession

Penalties:

___- importer

• 12y1d-20y 

• P100K-P500K

• + revocation of license   to practice profession

Penalties:

___ - Unnecessary Prescription of DD

• Life-death

• P500K-P10M

Penalties:

____- Unlawful Prescription of DD