RA 9165 safeguards the well-being of the people, particularly the youth, from the harmful effects of dangerous drugs.
What is the purpose for enacting RA 9165? Person involved either in:
The trafficking, or
9165?
The state pursues its anti drug policy through RA 9165 by:
• Apprehending persons involved in the trafficking and use of dangerous drugs and imposing the appropriate penalties as provided for in the Act;
• Achieving a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications that
include the use of dangerous drugs; and
• Providing sustainable program of treatment and rehabilitation to those who have fallen victims to drug abuse or dangerous drug dependence.
RA 9165 provides several list of all known dangerous drugs and their associated substances. Here, however, are some of the most
commonly abused substances:
• marijuana, marijuana resin, or marijuana oil
• Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives that have no
or “meth” Opium
Morphine Heroin
Cocaine or cocaine hydrochloride
What constitutes “trafficking and use” of dangerous drugs?
“Trafficking” refers to cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of any dangerous drug
consuming (chewing, smoking, sniffing, eating, swallowing, drinking) or any other means through which dangerous drugs are introduced into the physiological system of the body.
“trafficking and use” and their corresponding penalties?
Punishable Act Penalty
1. Importation
A. of dangerous drugs
B. of controlled precursor and essential chemical * Act/s A and/or B
through the use of a diplomatic passport
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Maximum penalty +Death + Fine of P 10,000,000
•As “financier” of acts A and/or B *As“protector/coddler”of acts A and/or B
2. Sale, trading, administration, dispensation, delivery, distribution and transportation
A. Of dangerous drugs
B. Of controlled precursor and essential chemical
- If act/s A and/or B transpires within 100 meters from school
Maximum penalty
+Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Life imprisonment to death +Fine of P500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,00o to P 500,000 Maximum penalty +Death + Fine of P 10,000,000
-If act/s A and/or B employed minors or the mentally incapacitated as runners, couriers, and messengers
-If the victim of act/s A and/or B is a minor or mentally incapacitated -If A and/or B in question is the proximate cause of death of a victim
-As “financier” of acts A and/or B -As “protector/coddler” of acts A and/or B Maximum penalty +Death + Fine of P 10,000,000 Maximum penalty +Death + Fine of P 10,000,000 Maximum penalty +Death + Fine of P 10,000,000 Maximum penalty + Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to 500,000
3. Maintenance of a den, dive or resort
A.. Where any dangerous drug
is used or sold
B. where any controlled
precursor and essential chemical is used or sold
- If victim of act/s A and/or B is a minor
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Maximum penalty + Death + Fine of P 10,000,000
- If usage of A and/or B in the
above den, dive or resort is the proximate cause of death of a victim
- If owner of den, dive or resort is a third party
- As “financier of acts A and/or B - As “protector/coddler” of act/s A and/or B
4. Employees and/or knowing
visitors of a den, dive, or resort
Death
+ Fine of P 1,000,000 to P 15,000,000
Confiscation of property in favor of government Maximum penalty +Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
5. Manufacture
A. of dangerous drugs
B. of controlled precursors and essential chemicals
-The presence of any controlled precursor and essential
chemical or laboratory
equipment in the clandestine laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug.
Life imprisonment to death
+ Fine of P 500,000 to 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Aggravating circumstances:
If any phase of the manufacturing process was:
(a) Conducted in the presence or with the help of minor/s
(b) Established or undertaken within 100 meters of a residential, business, church or school premises.
(c) Laboratory was secured or protected with booby traps. (d) Laboratory was concealed
with legitimate business operations.
(e) The employment of a practitioner, chemical engineer, public official or foreigner
• As financier of the manufacture of dangerous drugs and/or its controlled precursors and essential chemicals
• As protector/coddler of the manufacture of dangerous drugs and/or its controlled precursors and essential chemicals
6. Illegal chemical diversion of controlled precursors and essential chemicals Maximum penalty +Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Imprisonment of 12 to 30 years + Fine of P 100,000 to P 500,000
7. Manufacture or delivery of equipment, instrument, apparatus, and other
paraphernalia for
dangerous drugs and/or controlled precursors and essential chemicals
• If said manufacturer or delivery of equipment instrument, apparatus or paraphernalia is intended for injection, ingestion, inhalation or the introduction into the human body of a dangerous drug Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Imprisonment of 6 months to 4 years + Fine of P 10,000 to P 50,000
• Use of a minor or mentally incapacitated individuals to deliver such equipment, instrument, apparatus, and other paraphernalia
8. Possession of dangerous drugs
A. 10 grams or more of opium 10 grams or more of
morphine
10 grams or more of heroin 10 grams or more of cocaine or cocaine hydrochloride 50 grams or more of methamphetamine hydrochloride or shabu Maximum penalty + 20 years imprisonment + Fine of P 500,000.00
Life imprisonment to death + Fine of P 500,000 to P 10,000,000
10 grams or more of marijuana resin or marijuana resin oil
500 grams or more of marijuana
10 grams or more of other dangerous drugs such as, but
not limited to
methylenedioxymethampheta mine (MMDA) or ecstacy, paramethoxyampetamine
(PMA),
trimethoxyamphetamine
(TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and other similarly designed or newly introdced drugs and their derivatives
Life imprisonment to death + Fine of P 500,000 to P 10,000,000
B. 10 grams or more but less than 50 grams of shabu
C. 5 grams or more but less than 10 grams of: opium morphine morphine cocaine or cocaine hydrochloride marijuana resin or
marijuana resin oil shabu
other dangerous drugs— ecstacy, PMA, TMA, LSD, GHB;
Life imprisonement
+ Fine of P 400,000 to P 500,000 20 years of life imprisonment + Fine of P 400,000 to P 500,000
Or 300 grams or more but less than 500 grams of marijuana
D. Less than 5 grams of opium morphine morphine cocaine or cocaine hydrochloride marijuana resin or
marijuana resin oil shabu
other dangerous drugs— ecstacy, PMA, TMA, LSD, GHB;
Imprisonment of 12 to 20 years + Fine of P 300,000 to P 400,000
or less than 300 grams of marijuana
9. Possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs
• Such possession shall be prima facie evidence that the possessor has used a dangerous drug in violation of section 15 on Drug Use.
10. Possession of dangerous drugs during parties, social gatherings, or meetings
Imprisonment of 12 to 20 years + Fine of P 300,000 to P 400,000 Imprisonment of 6 months to 4 years + Fine of 10,000 to 50,000
Maximum penalty of section 11 on Possession of Dangerous Drugs \+ death + P 10,000,000
11. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings, or meetings
12. Use of dangerous drugs
• First offense, after a confirmatory test
• Second offense
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof
Maximum Penalty of Section 12 on Possession of Equipment, etc. for Dangerous Drugs + 4 years Imprisonment + P 50,000 fine Minimum of 6 months rehabilitation in a government center Imprisonment of 6 to 12 years + Fine of P 50,000 to P 200,000 Life imprisonment to death
+ Fine of P 500,000 to P 10,000,000
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof
• As financier of such cultivation
• As protector/coddler of such cultivation
•The land or portions thereof
and/or greenhouses on which any of said plants is cultivated shall be confiscated and escheated in favor of the state.
Maximum penalty
+ death + Fine of P 10,000,000
Imprisonment of 12 to 20 years + Fine of 100,000 to P 500,000
Person/s
Type of drug testing required
1. Applicants for driver’s license 2. Applicants for firearm’s
license and or permit to carry firearms outside residence 3. Students of secondary and
tertiary schools
Mandatory Mandatory
Random, pursuant to the rules in the school’s student handbook and with notice to the parents,
expenses of which will be borne by the government
Person/s Type of drug testing required
4. Officers and employees of public and private offices
5. Officers and members of the military, police and other law enforcement agencies
6. All persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of
imprisonment of not less than six years and one day
Random, as contained in the company’s work rules and
regulations, which will be borne by the employer
Mandatory and annually
Person/s Type of drug testing required
7. All candidates for public office whether appointed or elected both in the national or local government
dangerous drugs?
They Shall be subjected to the provisions of Section 15 on the use of Dangerous Drugs, where the violator upon first offense will be penalized with a minimum of six months rehabilitation in a
government center, and upon second offense will be penalized with imprisonment of 6 to 12 years and fined from P 50,000 to P 200,000.
family, students, teachers, and school authorities in
the enforcement of the new drug laws?
A. THE FAMILY being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of its members who may be susceptible to drug abuse
B. ALL STUDENT COUNCILS AND CAMPUS ORGANIZATIONS of elementary, secondary, and tertiary schools shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, as well as referrals for treatment and rehabilitation of students for drug dependence.
schools-whether general, technical, vocational, or agro-industrial-shall integrate instruction on drug abuse prevention and control. Such
instruction shall include:
1) Adverse effects of the abuse and misuse of dangerous drugs on the
person, the family, the school, and the community;
2) Preventive measures against drug abuse
3) Health, socio-cultural, psychological, legal, and economic dimensions
and implications of the drug problem;
4) Steps to take when intervention on behalf of a drug dependent is needed,
as well as the services available for the treatment and rehabilitation of drug dependents; and
5) Misconceptions about the use of dangerous drugs such as, but not
limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental
shall deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provisions. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.
YES. With the assistance of the Dangerous Drugs Board, the Department of the Interior and Local Government (DILG), the National Youth Commission (NYC) and the Department of Social Welfare and Development (DSWD) shall establish in their provincial offices a special education drug center for out-of-school-youth and the street children. Such Center, which shall be headed by the Provincial Social Welfare Development Officer, shall sponsor drug prevention programs, activities and information campaigns for the purpose of educating out-of-school youth and street children on the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanages and existing special centers for street children.
