RA 9165 (copy)

Gloria Macapagal Arroyo

Which President signed RA 9165?

June 7, 2002

When was RA 9165 approved?

8 Articles and 102 Sections

How many Articles and Sections does RA 9165 have?

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 drugs.

Trading

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, e-mail, 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.

Sell

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

School

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

A rapid test performed to establish potential/presumptive positive result

Pusher

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

Practitioner

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

Planting of Evidence

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

Instrument

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

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

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, or independently by 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

Person

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

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.

Financier

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

Drug Dependence

As 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.

Dispense

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

Deliver

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

Dangerous Drugs

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 as enumerated in the attached annex which is an integral part of this Act

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.

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.

Controlled Delivery

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

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.

Chemical Diversion

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

Centers

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

Board

Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act

Comprehensive Dangerous Drugs Act of 2002

aka REPUBLIC ACT NO. 9165

safeguard the integrity

Declaration of Policy

1.to ___________________ of its territory & the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical & mental well-being

defend the same against acts or omissions

Declaration of Policy

2. to ___________________________ detrimental to their development and preservation

Clandestine Laboratory

Definition of terms

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

Drug Syndicate

Definition of terms

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

Cannabis or commonly known as "Marijuana" or "Indian Hemp"

Definition of terms

•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, 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.

Methylenedioxymethamphetamine

MDMA or “Ecstacy”

Methamphetamine Hydrochloride

"Shabu", "Ice", "Meth"

Opium

Definition of terms

•Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind, class and character of opium

o crude or prepared o ashes or refuse of the same o narcotic preparations thereof or therefrom o morphine or any alkaloid of opium o morphine or any alkaloid of opium will serve as an ingredient in any preparations o opium poppy or opium poppy straw o leaves or wrappings of opium leaves, whether prepared for use or not

Opium Poppy

Definition of terms

•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

Philippine Drug Enforcement Agency (PDEA)

Definition of terms

•responsible for efficient and effective law enforcement of all provisions on any dangerous drug and/or controlled precursor and essential chemicals

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.

Pusher

•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

Life imprisonment to death P500,000 to P10,000,000

UNLAWFUL ACTS AND PENALTIES

Section 4: Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

OFFENDERS Importer

Death P10,000,000

UNLAWFUL ACTS AND PENALTIES

Section 4: Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

OFFENDERS Importer using Diplomatic Passport

Death P10,000,000

UNLAWFUL ACTS AND PENALTIES

Section 4: Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

OFFENDERS Financer, Organizer, Manager of Importation

Imprisonment of 12 years and 1 day - 20 years P100,000 - P500,000

UNLAWFUL ACTS AND PENALTIES

Section 4: Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

OFFENDERS Protector or Coddler

Life imprisonment to Death P500,000 to P10,000,000

Section 5: Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

ACTS Sale Trade Distribute Deliver Transport Broker

PENALTY?

100

Maximum penalty: •Within _____________ meters from school

minors or mentally incapacitated individuals

Maximum penalty: •Use ____________________________ as runners, couriers and messengers, or in any other capacity

minor or mentally incapacitated

Maximum penalty: •If the victim is a ____________________________________.

death of victim

Maximum penalty: •Dangerous drug is the proximate cause of _____________________.

•Organizer, manages the unlawful acts, financier

Den, Dive or Resort

Section 6:

•______________________________: 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

Life to death P500,000 to P1,000,000

Section 6: Maintenance of a Den, Dive or Resort

penalty for

ACTS Maintenance

Death P10,000,000

Section 6: Maintenance of a Den, Dive or Resort

penalty for

ACTS Caters to minor clients

Death P10,000,000

Section 6: Maintenance of a Den, Dive or Resort

penalty for

ACTS Financier

Imprisonment of 12 years and 1 day - 20 years P100,000 - P500,000

Section 6: Maintenance of a Den, Dive or Resort

penalty for

ACTS Protector/Coddler

Death P1,000,000 - P15,000,000

Section 6: Maintenance of a Den, Dive or Resort

penalty for

ACTS Client dies

confiscated in favor of government

NOTE: Den/dive/resort shall be _________________.

Imprisonment for 12 years and 1 day - 20 years + Fine: P100,000 - P500,000

Section 7: Employees and Visitors of a Den, Dive or Resort

•Penalty:

Life imprisonment to death + Fine P500,000 - P10,000,000

Section 11: Possession of Dangerous Drugs

•Penalty:

10 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü ____________________ of opium

10 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü ____________________ of heroin

10 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü ___________________ of morphine

10 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü _________________________ of cocaine or cocaine hydrochloride

50 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü __________________ of methamphetamine hydrochloride or "shabu"

10 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü ________________________ of marijuana resin or marijuana resin oil

500 grams or more

NOTE: Any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity:

ü ________________________ of marijuana

ü10 grams or more of other dangerous drugs such as, but not limited to:

ü10 grams or more of other dangerous drugs such as, but not limited to:

•methylenedioxymethamphetamine (MDA) or "ecstasy" •paramethoxyamphetamine (PMA) •trimethoxyamphetamine (TMA) •lysergic acid diethylamine (LSD) •gamma hydroxyamphetamine (GHB) •and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. 13

Imprisonment for 6 months and 1 day - 4 years + Fine P10,000 - P50,000

Section 12: Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs

•Penalty:

prima facie evidence

Section 12: Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs

•The possession of such shall be ______________ that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act.

6 months REHABILITATION

Section 15: Use of Dangerous Drugs

•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 ________________________ in a government center for the first offense

imprisonment 6 years & 1 day to12 years + Fine P50,000 to P200,000

Section 15: Use of Dangerous Drugs

•If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of:

•Penalty: Life Imprisonment to death + Fine P500,000 to P10,000,000

Section 16: Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof

organizes, manages or acts as a "financier"

Section 16: Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof

•Any person, who ____________________ of any of the illegal activities prescribed in this Section will have a maximum penalty of death

imprisonment of 12 years & 1 day - 20 years + Fine of P100,000 to P500,000

Section 16: Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof

•Any person, who acts as a "protector/coddler" of any violator of the provisions under this Section will have a penalty of:

Sec 26. Attempt or Conspiracy

•Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same:

a.Importation b.Sale, trading, administration, dispensation, delivery, distribution and transportation c.Maintenance of a den, dive or resort where any dangerous drug is used in any form d.Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and e.Cultivation or culture of plants which are sources of dangerous drugs

Public Officer or Employee

Section 27: Public Officer or Employee

•________________________________: criminally liable for misappropriation, misapplication or failure to account for the confiscated, seized and/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 act committed

DEATH

Section 29: Criminal Liability for Planting of Evidence

•Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of ________________.