RA 9165 The Comprehensive Dangerous Drug Act of 2002

Dangerous Drug Board

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

illicit drugs

Drugs which are prohibited by the law

Philippine Drug Enforcement Agency

An 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

R.A. 6425

The Dangerous Drugs Act of 1972

R.A. 9165

The Comprehensive Dangerous Drugs Act of 2002

Pusher:

refers to 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

Narcotic Drugs

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

Opium

refers to coagulation juice of the opium poppy (papaver somniferum) embraces every kind and class of opium

Methamphetamine Hydrochloride (Shabu)

Street names: ice, meth, crystal, kristal, basura (trash), and tawas

Results to impaired verbal learning and reduced motor skills
Effect: Blocks the neurotransmitter (dopamine) in the brainWeight loss, confusion, insomnia, mood disturbances, and violent behavior

Cannabis sativa (Marijuana)。

Street names: weed, jutes, pot, grass, damo, and chongke

Impairs the ability of the person to focus

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

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

Inhalants

Are more popular Cheap and easily accessible Slurred speech, lightheadedness, hallucinations, and delusion Irreversible complications of their misuse are hearing loss, and damages to the CNS and bone marrow

Dangerous Drugs Board (November 14, 1972) (Oscar F. Valenzuela)

stablished: (_________________)

by President Ferdinand Marcos Became the national clearing house on all matters related to solving the drug problem in the Philippines Currently headed by: Secretary (__________________)

 (9) (law, medicine, criminology, psychology, or social work) (6) (4) (2)

Composition of the DDB:

(__) Members (Sec. of Justice, National Defense, Health, Education, Finance, and Department of Social Welfare)

3 members who shall possess adequate training and experience in the field of dangerous drugs or in (________________________________________) The president shall designate a chairman from among the 3 appointed members who shall serve for (__) years. Of the two other members, one shall serve for (__) years and the other for (__) years

Philippine Drug Enforcement Agency

Is the arm of the government which is responsible for the enforcement of the provisions on the use of the prohibited drugs With DDB, they are partners in fighting the use of prohibited drugs in the Philippines Current PDEA Chief: Maj. Gen. Isagani Nerez

(R.Å 6425) (R.A. 9165) 

Pertinent Laws

(R.Å 6425) (April 4, 1972)

Dangerous Drugs Act of 1972

Signed on (__________)

R.A. 9165

Comprehensive Drugs Act of 2002

Is a law repealing R.A. 6425

Provisions: Unlawful acts and penalties, common drug testing and record requirements, participation of family, students, and school authorities in the enforcement of the Act, promotion of drug-free workplace and etc..

(Prohibited Drugs) 

opium: heroin & morphine

coca leaf: cocaine, alpha and beta eucaine

hallucinogenic drugs: lysergic acid diethylamide

Indian hemp

Regulated Drugs

self-inducing additives: secobarbital, phenobarbital, pentobarbital, barbital, Amino barbital

salt of an isomer of amphetamine: Benzedrine or Dexedrine

hypnotic drugs: methaqualone

(Life imprisonment to Death) (500,000-10M pesos)

Importation of Dangerous Drugs

Imprisonment: (__________________)

Fine: (_________________)

(Life imprisonment to Death) (500,000-10M pesos)

Sale, Administration, Delivery, Distribution and Transportation of Prohibited Drugs

Imprisonment: (________________)

Fine: (_______________)

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

(Life imprisonment to Death) (500,000 to 10M pesos) ( death or fine of 1M to 15M)

Maintenance of a Den, Dive or Resort for Prohibited Drug Users

Imprisonment: (__________________)

Fine: (__________________) If a minor is involved, the maximum of the penalty shall be imposed 6 Cause of death: penalty of (_____________________) pesos shall be imposed

(life imprisonment to death) (500,000-10M pesos)

Manufacture of Prohibited Drugs

Imprisonment:(____________________)

Fine: (_______________)

(Life imprisonment to Death)

(500,000-10M pesos)

Possession or Use of Prohibited Drugs

Imprisonment: (_____________________)

Fine: (________________)

(life imprisonment to death)

(500,000 to 10M peso)

Cultivation of Plants

Imprisonment: (________________)

Fine: (_________________)

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

(1 year and 1 day to 6 years) (10,000-50, 000 pesos Additional penalty: revocation of license to the practitioner)

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

Imprisonment: (__________________)

Fine: (__________________)

(Life imprisonment to death)

 (500,000 - 10M pesos)

Unlawful Prescription of Prohibited Drugs

Imprisonment: (_______________)

Fine: (________________)

(12 years and 1 day to 20 years) (100,000-500,000 pesos) (revocation of license to the practitioner)

Unnecessary Prescription of Prohibited Drugs

Imprisonment: (___________________)

Fine: (_________________)

\Additional penalty: (__________________)

Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings

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.

(6 years and 1 day to 12 years) (6,000 to 12,000 pesos)

Importation of Regulated Drugs

Imprisonment: (_______________)

Fine: (____________________)

Unless authorized by law

(6 years and 1 day to 12 years) (6,000 to 12,000 pesos)

Sale, Administration, Delivery, Distribution and Transportation of Regulated Drugs

Imprisonment: (_________________)

Fine: (___________________)

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

Unless authorized by law

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

Every penalty imposed for the unlawful acts mentioned above shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act.

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

The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition

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 Practitioner authorized to prescribed any dangerous drugs

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

Original: pharmacist; retained for 1 year

One copy: buyer; until the drug is consumed

Second copy: retained by the person issuing the prescription

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

2 physicians to conduct the examination

Negative: Discharge

Positive: Commitment to for treatment

Escape from rehab

May resubmit himself for confinement w/in 1 week

If failure to resubmit:

1. The Board may file a sworn petition for his recommitment

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

(sworn petition) (exempt from criminal liability)

Escape from rehab

May resubmit himself for confinement w/in 1 week

If failure to resubmit:

1. The Board may file a (_________) for his recommitment

2. If subsequent to such recommitment, he should escape again, he shall no longer be (_________________)

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

PCSO

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