What is the purpose for enacting RA 9165?

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
Use of dangerous drugs and other similar substances.




How does the state pursue its anti-drug policy through RA
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.


Who are the so-called dangerous drugs?
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
therapeutic value.


Methamphetamine hydrochloride or commonly known as shabu, ice,
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
and/or controlled substance.

Use refers to any act of injecting (intravenously or intramuscularly),
consuming (chewing, smoking, sniffing, eating, swallowing, drinking)
or any other means through which dangerous drugs are introduced
into the physiological system of the body.
Specially, what are the punishable acts referred to by
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
Punishable Act Penalty
As financier of acts A and/or B

*Asprotector/coddlerof 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
Punishable Act Penalty
-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
Punishable Act Penalty
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
Punishable Act Penalty
- 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
Punishable Act Penalty
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


Punishable Act Penalty
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



Punishable Act Penalty
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
Punishable Act Penalty
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
Punishable Act Penalty
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
Punishable Act Penalty
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

Punishable Act Penalty
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
Punishable Act Penalty
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
Punishable Act Penalty
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
Punishable Act Penalty
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


Punishable Act Penalty
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
Under the act, who are required to undergo drug testing?
Person/s

Type of drug testing required
1. Applicants for drivers license

2. Applicants for firearms
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 schools student handbook and
with notice to the parents,
expenses of which will be borne by
the government
Under the act, who are required to undergo drug testing?
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 prosecutors 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
companys work rules and
regulations, which will be borne by
the employer

Mandatory and annually



Mandatory
Under the act, who are required to undergo drug testing?
Person/s Type of drug testing required
7. All candidates for public
office whether appointed or
elected both in the national or
local government
mandatory
What happens when anyone of the above are found positive for
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.
What does the Act say about the participation of the
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.
C. CURRICULA of all elementary, secondary, and tertiary public and private
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
stigmatization in the consciousness of the students.
ALL HEADS, SUPERVISORS AND TEACHERS OF SCHOOLS
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.
Does the Act also cover out-of-school youth?
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.