RA 9165 Comprehensive Dangerous Drugs Act of 2002 PDF

RA 9165 Comprehensive Dangerous Drugs Act of 2002 It is the policy of the State: to safeguard the integrity of its territory & the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical...

RA 9165 Comprehensive Dangerous Drugs Act of 2002 It is the policy of the State: to safeguard the integrity 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, and 2. to defend the same against acts or omissions detrimental to their development and preservation Unlawful Acts and Penalties Section 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals. Offenders: Penalty: 1. Importer Life to Death + P500k-P10M 2. Importer Death + P10M using Diplomatic Passport 3. Financier, Organizer, Death + P10M Manager of Importation 4. Protector/Coddler 12y1d to 20y + P100k to P500k Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals Elements: Identity of the buyer and the seller, the object, and the consideration Delivery of the thing sold and the payment thereof Maximum Penalty Imposed on : Committed within 100m from a school Use of minors or mentally incapacitated persons as runners, couriers & messengers, or in any other capacity If the victim is a minor or mentally incapacitated Dangerous drug is the proximate cause of death of victim Organizer, Manages the unlawful acts, financier Protector/Coddler - 12y1d to 20y + P100k to P500k Section 6. Maintenance of a Den, Dive or Resort Den, Dive or Resort - 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. Maintenance of a Den, Dive or Resort Maintenance – Life to death + P500k – P10M fine Caters to minor clients – Death + P10M fine Financier - Death + P10M fine Protector/Coddler - 12 years 1 day – 20 years + P100k - P500k fine Client dies – Death + P1M - P15M fine * den/dive/resort shall be confiscated in favor of government Section 7. Employees and Visitors of a Den, Dive or Resort Imprisonment: 12y 1d - 20y + Fine: P100k - P500k (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same Section. 11 Possession of Dangerous Drugs ( See Sec. 13 ) Life Imprisonment to Death and Fine P500k - P10M Any person, who, unless authorized by law, shall possess * any dangerous drug in the following quantities, regardless of the degree of purity: Elements: Person is in possession which is identified to be a prohibited drug Such possession is not authorized by law Person freely & consciously possessed the said prohibited drug 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 cocaine or cocaine hydrochloride; (5) 50 grams or more of methamphetamine hydrochloride or “shabu” (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and (8) 10 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. Unlawful Acts and Penalties Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. ( See Sec. 14 ) Imprisonment: 6 months & 1 day – 4 years Fine: P10k - P50k Any person, who, unless authorized by law, 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 : xxx The possession of such xxx shall be prima facie evidence 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. 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 6 months REHABILITATION in a government center for the first offense If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of Imprisonment 6 years & 1 day to 12 years + Fine P50k to P200k Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof Life Imprisonment to Death + Fine of P500k to P10 Any person, who shall plant , cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived Any person, who organizes, manages or acts as a “financier”; of any of the illegal activities prescribed in this Section = Death + Fine of P10M Any person, who acts as a “protector/coddler”; of any violator of the provisions under this Section = Imprisonment of 12 years & 1 day - 20 years Fine of P100k to P500k Other Unlawful Acts Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Section 18. Unnecessary Prescription of Dangerous Drugs Section 19. Unlawful Prescription of Dangerous Drugs Section 37. Issuance of False or Fraudulent Drug Test Results Section 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. Other Unlawful Acts Section 27. Public Officer or Employee is 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 Any elective local or national official found: To have benefited from the proceeds of the trafficking of dangerous drugs, or to have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs Shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including GOCCs 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 DEATH. 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. Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases … who, after due notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without any valid reason Imprisonment of 12y & 1d - 20y + Fine of P500k in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body. The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph, if despite due notice to them and to the witness concerned, the former does not exert reasonable effort to present the latter to the court Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k in addition, perpetual absolute disqualification from public office The member of the law enforcement agency … shall not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. However, the concerned member of the law enforcement agency or government employee may be transferred or re-assigned for compelling reasons: Provided, That immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within 24 hours from its approval; Should immediate superior fail to notify the court of such order to transfer or re-assign: Imprisonment of 2m & 1d to 6y Fine of P10k to P50k in addition, perpetual absolute disqualification from public office Section 92. Delay & Bungling in Prosecution of Drug Cases Any government officer or employee tasked with the prosecution of drug-related cases under this act, who, through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases: Imprisonment 12y & 1d to 20y- without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code. NATIONAL DRUG SITUATIONS As Figure 6 displays, the Board is headed by the Chair and two permanent members. The twelve (12) members of the Board who shall be in an ex-officio capacity are the following National Government Agencies: 1. Secretary of the Department of Justice (DOJ); 2. Secretary of the Department of Health (DOH); 3.Secretary of the Department of National Defense (DND); 4. Secretary of the Department of Finance (DOF); 5. Secretary of the Department of Labor and Employment (DOLE); 6. Secretary of the Department of the Interior and Local Government (DILG); 7.Secretary of the Department of Social Welfare and Development (DSWD); 8.Secretary of the Department of Foreign Affairs (DFA); 9.Secretary of the Department of Education (DepEd); 10.Chairman of the Commission on Higher Education (CHED); 11.Chairman of the National Youth Commission (NYC); and 12.Director General of the Philippine Drug Enforcement Agency (PDEA). Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than undersecretary. The two regular members shall be the President of the Integrated Bar of the Philippines (IBP) and the Chairman or President of a non-government organization (NGO) involved in dangerous drug campaign, to be appointed by the President of the Philippines. The National Bureau of Investigation and the Philippine National Police serve as permanent consultants. The Philippine Drug Enforcement Agency RA No. 9165 created the Philippine Drug Enforcement Agency, which serves as the main implementing arm of the Dangerous Drugs Board and the entity responsible for the efficient and effective enforcement of all provisions of the drug law. The call for a single and centralized enforcement agency was thus realized, although the PNP and NBI are still allowed by law to maintain their respective anti-drug task forces. On March 6, 2017, President Rodrigo Duterte signed Executive Order No. 15 which created the Inter-Agency Committee on Anti-Illegal Drugs (ICAD) chaired by PDEA. This body was tasked to ensure an integrated and unified planning, implementation and enforcement of all anti-drug abuse policies, programs and projects in all branches of the government. The ICAD has four clusters: (1) Enforcement, headed by the PDEA; (2) Justice, chaired by the DOJ; (3) Advocacy, led by the DILG; and (4) Rehabilitation and Reintegration, co-chaired by the DOH and the DSWD. The ICAD operates using the Barangay Drug Clearing Program (BDCP) as the main strategy framework. Thus, the various roles of the ICAD members come into play in the context of the different BDCP phases. In general, the ICAD acts as a manager to ensure that the government’s anti-drug program is successfully implemented on the ground. Figure 8 shows that a total of 34.75 billion pesos worth of drugs, controlled precursors and essential chemicals (CPEC), and laboratory equipment had been seized from July 1, 2016 to June 30, 2019. This is an increase of 358.93 million pesos from the previous month, an indicator of the intensified efforts of law enforcement operatives in drug control. During the same period, a total of 4,409.69 kilograms of shabu with a street value of 25.99 billion pesos had been seized (see Figure 8) and 348 dens and clandestine laboratories were dismantled (see Figure 9)  In addition, the DDB conducts several prevention interventions that include Orientation Seminars on Barkada Kontra Droga (BKD) for National Drug Education Program (NDEP) Coordinators, Orientation Workshops on Community-Based Intervention Programs for Barangay Anti-Drug Abuse Campaigns Focusing on Oplan Sagip, Drug Abuse Prevention Seminars in the Workplace, Training of Trainers on Life Skills Enhancement in Drug Abuse Prevention Education, National Training of Trainers on UNODC Community- Based Treatment and Care Services, Seminar Workshops on the Dangerous Drugs Law for Judges, Prosecutors and Law Enforcers, Seminar Workshop on Systematic Training for Effective Parenting, Continuing Seminars on Anti- Illegal Drug Operations and Investigation, and Workshops on the Community- Based Treatment Program. Currently, the DDB, through the Colombo Plan International Center for Credentialing and Education of Addiction Professionals (ICCE), is also cascading the Universal Prevention Curriculum on Substance Use to various regions and provinces in the country. Within work environments, feasible drug prevention programs are spearheaded by the Department of Labor and Employment through the Occupational Safety and Health Center (OSHC). It includes (1) Advocacy, Education and Training, (2) Drug Testing for Officers and Employees, (3) Treatment, Rehabilitation and Referral, and (4) Monitoring and Evaluation. Stress management courses were embedded in the program while Appreciation Course for Drug-free Workplace is given on-line. Considering that the conduct of random drug testing as a stand-alone activity was linked to negative outcomes based on the International standards on drug use prevention, it was ensured that random drug testing among high school students and workers is just one of the components of a comprehensive wellness program in both settings. Treatment and Rehabilitation Drug dependence is a treatable chronic and relapsing condition often associated with mental health conditions. Notably, out of 100 persons having used methamphetamines, less than ten have a problematic drug use and can fall under the dependent definition to some degree. The rest are not dependent and therefore do not require inpatient approaches. For those diagnosed with drug use problem, mechanisms such as the Integrated Care Pathways ensure continuing care. Guided by the UNODC model in delivering community-based voluntary services, these interventions aim to reduce stigma and discrimination as well as improve availability, accessibility, affordability and information. As an important facet of drug demand reduction, trends in treatment and rehabilitation as well as issues and concerns that families and recovering drug dependents face during the process are continually monitored. These are integrated into existing health and social agencies to ensure continuum of care. More importantly, services are built on community resources. The available data revealed that drug users who need treatment services decreased from 4,392 in 2014 to 3,928 cases in 2019. The breakdown is shown in Table 4, with 98.22% accounting for new admissions, 0.31% re- admission, and 1.48% out-patient. Out of the total figure, 89.23% are male (3,505), 10.26% are female (403), while 0.51% are members of the LGBT community (20). Controlled Substances CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS - include those listed in Table I and Table Il of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 16th edition, January 2018 Table I 1 Acetic anhydride 2 N-Acetylanthranilic acid 3 4-Anilino-N-phenethylpiperidine (APP) 4 Ephedrine 5 Ergometrine 6 Ergotamine 7 Isosafrole 8 Lysergic acid 9 3,4-Methylenedioxyphenyl-2-propanone 10 Norephedrine 11 N-Phenethyl-4-piperidone (NPP) 12 Phenylacetic acid 13. alpha-Phenylacetoacetonitrile (APAAN) 14. 1-Phenyl-2-propanone 15. Piperonal 16. Potassium permanganate 17. Pseudoephedrine 18. Safrole Table lI 1. Acetone (2-propanone) 2. Anthranilic acid (2-aminobenzoic acid) 3. Ethyl ether 4. Hydrochloric Acid 5. Methyl ethyl ketone (2-butanone) 6. Piperidine 7. Sulphuric acid 8. Toluene (methyl benzene) The salts of the substances listed in Table I & Table II whenever the existence of such salts is possible. (The salts of Hydrochloric acid and Sulfuric acid are specifically excluded) DRUG EDUCATION AND THE LAW What is PDEA? 1. The lead Anti-Drug law enforcement agency, responsible for preventing, investigating and combating dangerous drugs. 2. Controlling precursors and essential chemical within the Philippines R.A 9165 1. Act instituting the Comprehensive Act of 2002 (Comprehensive Dangerous Drugs, repealing R.A 6425 otherwise known as The Dangerous Act of 1972  3. R.A 9165 was signed by President Gloria Macapagal-Arroyo in June 7, 2002 4. RA 9165 was published on June 19, 2002 and took effect in July 4, 2002 Harmful Effects of Dangerous Drugs What is drug? Any chemical substance that brings about physical, emotional or behavioral change in a person taking it. Examples: Paracetamol- abate fever Antibiotics- treat or prevent some types of bacterial infection Drug Abuse The use of any chemical which result to an individual’s physical, mental and social impairment. It refers to the following: 1. Use of drugs without prescription Ex. Antibiotic is a drug that needs prescription from a physician. 14 days administration should be done 2. Use of drug or any substance for a purpose different from the one which the drug was prescribed for. Ex. Dextromethorphan- Antitussive drug. This drug is used to treat cough but use as a hallucinogenic drug. 3. Use of illegal or illicit drug. These drugs are use illegally and often use as recreational. These drugs are classified into three. a. Class A (MOST HARMFUL DRUGS) i. Heroin ii. Lysergide(LSD) iii. Ecstasy iv. Amphetamines(preferredforinjection) v. Cocaine vi. Crackcocaine  vii. Magicmushrooms b. Class B (LESS HARMFUL DRUGS) i. Amphetamines ii. Methamphetamine iii. Barbiturates iv. Codeine c. Class C (LEAST HARMFUL DRUGS) i. Cannabis ii. Temazepam iii. Anabolicsteroids iv. Valium v. Ketamine vi. Methylphenidate(Retalin) vii. Y-hydroxybutyrate(GHB) Origin of Drugs Natural- anything that comes from the nature Synthetic- anything that is produced artificially or processed in the laboratory CLASSIFICATION OF DRUG 6 Drug Categories A. Central Nervous System (CNS) Depressants These drugs slow down the operations of the brain and the body. These drugs are also known as “ downers” or “bars”. Examples of CNS depressant drugs are the following: 1. Sedatives 2. Alcohol 3. Barbiturates 4. Anti-anxiety tranquilizers a. Valium b. Librium c. Xanax d. Prozac (anti-depressant) SSRI e. Thorazine (Major tranquilizers) 5. GHB (gamma hydroxybutyrate) 6. Rohypnol and many other anti-depressants. B. CNS Stimulants These drugs accelerate the heart rate and elevate the blood pressure and “speed-up,” or over-stimulate, the body. These drugs are also known as “uppers”. Examples of CNS Stimulant drugs are the following: 1. Crack cocaine 2. Cocaine 3. Amphetamines 4. Methamphetamine C. Hallucinogens 1. These drugs can cause the users to perceive things differently than they actually are, also known as “psychedelics”. The following are the examples: a. Marijuana (sedative hypnotic) b. LSD (Lysergic acid diethylamide) c. Ecstasy d. Peyote e. Psilocybin D. Dissociative Anesthetics These drugs inhibit pain by cutting off or dissociating the brain’s perception of the pain. The following are the examples of dissociative anesthetics. a. PCP (Phencyclidine) also known as angel dust b. Dextromethorphan E. Narcotic Analgesics  These drugs relieve pain, induce euphoria and create mood changes in the user. Example of Narcotic Analgesics a. Opium b. Codeine c. Heroin d. Demerol e. Darvon f. Morphine g. Methadone h. Vicodin i. Oxycontin F. Inhalants It has a wide variety of breathable substances that produce mind- altering results and effects. Examples of inhalants include; a. Toluene b. Plastic cement c. Paint d. Gasoline e. Paint thinners and various anesthetic gases References: DANGEROUS DRUGS BOARD (2019). Updated Lists of Scheduled Controlled Substances as of April 8, 2019. https://oca.judiciary.gov.ph/wp-content/uploads/2019/07/OCA-Circular- No.-83-2019.pdf RA 9165 Comprehensive Dangerous Drugs Act of 2002. (n.d.). https://www.pntr.gov.ph/wp- content/uploads/2021/04/RA-9165.pdf The Philippine Anti-Illegal Drugs Strategy Executive Order No. 66, Series of 2018. https://ddb.gov.ph/wp-content/uploads/2023/06/The_Philippine_Anti- illegal_Drugs_Strategy-1.pdf