Prevention of Substance Use and Abuse (Philippines) PDF

“Prevention of Substance Use and Abuse” (DRUG Scenario in the Philippines)  Common Concepts in Drug Education  Drugs are any substances or chemicals which when taken into the body either though nasal, oral, transdermal or intravenous way have psychological, emotional and be...

“Prevention of Substance Use and Abuse” (DRUG Scenario in the Philippines)  Common Concepts in Drug Education  Drugs are any substances or chemicals which when taken into the body either though nasal, oral, transdermal or intravenous way have psychological, emotional and behavioral effects on a person.  Drugs of Abuse are drugs commonly abused by users. In the Philippines the three drugs of abuse are shabu, marijuana and inhalants.  Drug Dependence is a cluster of physiological, behavioral and cognitive phenomena of variable intensity in which the use of a drug takes on a high priority thereby creating a strong desire to take the substance.  Drug Misuse is the use of a substance incoherent or inconsistent with the prescribed dosage or frequency of use.  Drug Abuse is the use of a substance for non-medicinal purposes. Abuse leads to organ damage like brain damage and liver damage, addiction and troubled behavioral patterns.  Drug Tolerance is the condition of the body to adapt to the effects of substances to the body thus requiring an even larger amount of the substance to experience the same physiological and mental effect experienced when taking the smaller dosage. Domains of Life which Affect Drug Use and Abuse  Community  School  Peer and Friends  Family  Personal THE SIX CLASSIFICATIONS OF DRUGS 1. Gateway  Gateway drugs such as cigarettes and alcohol are legal drugs that a non-drug user might try, which can lead him/her to more dangerous drugs such as marijuana and shabu. Teenagers who engage in early smoking and early drinking have a higher chance of using and experimenting with dangerous drugs of abuse. Harmful Effects  Organ failure  Cancer  Heart Disease  Liver problems  Paralysis or loss of limbs/bady parts due to accidents  death  2. Depressant drugs  Depressant drugs slow down a person’s central nervous system (CNS). The Central nervous system includes the brain, spinal cord and nerves. Doctors commonly prescribe depressant drugs to help certain persons to be less angry, less stressed or tensed. Depressant drugs relax muscles and nerves. These drugs also make patients feel sleepy and light-headed. Depressant drugs include alcohol, barbiturates and tranquilizers. Harmful Effects  Behavioral problem  Heart problem  Brain stroke  Liver problem  Mental disorder  Coma & death 3. Stimulant drugs  Stimulant drugs speed up a person's central nervous system. Stimulant drugs have the opposite effect of depressants. Stimulants make a person’s energy high. Negative effects of stimulants include depression and tiredness. Stimulants include amphetamines which include shabu, caffeine, nicotine and cocaine. Harmful Effects  Extreme paranoia  Multiple organ failure  Brain damage w/c leads to mental disorder  Coma & Death 4. Narcotics  Narcotics are drugs which relieve pain and induce sleepiness. In medicine, these drugs are administered in moderation to patients with mental disorders and those in severe pain like cancer. Narcotic drugs include cocaine, heroin and marijuana. These drugs are illicit and dangerous if taken. Harmful Effects  Hepatitis  Tetanus  HIV/AIDS  Coma  Death  5. Hallucinogens  Hallucinogens are drugs which distorts reality and facts. It affects all senses and makes a user see, hear and feel things that don’t exist in the time being. The name hallucinogen came from the word hallucination which is to perceive illusions. Hallucinogens include lysergic acid diethylamide, psilocybin obtained from mushrooms and mescaline. Harmful Effects  Flashbacks  Increased blood pressure  Brain damage  Mental disorder  Coma  Death  6. Inhalants  Inhalants are found in ordinary household chemical products and anesthetics. It is readily available and accessible to young children. Inhalant intoxication is similar to the signs and symptoms of alcohol intoxication. One difference is the foul smell of chemicals sniffed, inhaled or huffed by the user. Continuous use and abuse leads to delusions, brain damage, liver damage, coma and death. Examples of household products used as inhalants are acetone, rugby or solvent, ordinary and spray paint, cleaning fluids and air conditioner fluid (Freon). Harmful Effects  Nerve damage  Brain damage  Muscle spasm  Bone marrow damage  Coma  Death  Myths and Misconceptions Facts about Drugs of Abuse  Drugs of abuse improve memory.  Drugs of abuse shut down proper brain functioning. Certain drugs stimulate the brain but do not really help improve memory. Most drug users claim they think better and clearly after taking drugs but tests on performance and cognition have proven that they have performed worst.  Drugs of abuse help in the digestion of food  Certain drugs of abuse stimulate the production of stomach acids. Constant exposure to higher than normal acid level damages stomach linings which can result to ulcers.  Drugs of abuse make a person bold and brave.  Certain drugs of abuse remove shyness and inhibition. In psychology, normal inhibition prohibits a person to do unacceptable things, thoughts and desires. Normal inhibition includes not taking other people’s things, not crossing a busy street and knowing what is right from wrong. The temporary courage brought about by taking drugs is a dangerous one as it makes a drug user lose normal judgment which is part of the person’s normal inhibition.  Drugs of abuse place a user in a dangerous and life-threatening situation  Drugs of abuse remove life’s problems and worries.  Drugs of abuse are not the solution to problems and worries people encounter. Some people believe that using drugs eliminate one’s problems and worries in life. The truth is drugs of abuse will only worsen the scenario and further add more problems some of which are even harder to solve.  Drugs of abuse heat up the body.  Drug users believe that certain drugs cause the blood to become warmer which makes the body temperature rise. In cold countries, drugs are used to heat the body. The truth about this is far from reality. Drugs dilate blood vessels in the skin which makes the blood to flow nearer to the skin which enhances convection of heat from the body to the outside environment. Convection transfer heat from inside the body to the outside. Through convection of heat, body heat is lost faster than normal.  Drugs of abuse do not heat up the body; instead they make the body lose heat faster than normal. EFFECTS of DRUGS A. Effects of Drug Use and Abuse on the Family Broken and unhappy family ties Ignored duties and responsibilities Financial constraint due to drug dependence and addiction High cost of drug treatment and rehabilitation Family dishonor and embarrassment Separation of family members B. Effects of Drug Use and Abuse on the School Poor academic performance Increased rate of absenteeism and tardiness Increased incidence of school fights Low academic achievement rate Incidence of disrespect to school authorities C. Effects of Drug Use and Abuse on the Community High incidence of crime which includes stealing, robbery and snatching High incidence of accidents, e.g. road accident, accidental falling, etc. Affected economy due to man power production Prevention  is the best way for people like you to avoid the use and abuse of drugs. People should understand the different protective factors and risk factors. Protective factors should be enhanced while risk factors should be avoided and dropped for good. Protective factors you need to fight drug use and abuse  Loving and caring family  Involvement in sports  Positive outlook in life  Positive self-image  Caring and supportive friends  A sense of worthiness and achievement  Always having the right attitude  Ability to cope with stress and depression  Having responsible adult role models  Active participation in sports or recreation  Participation in school clubs and activities  Consultation with responsible adults like parents, teachers, counselors regarding problems,  concerns and queries in life  Development of talents and skills Drug Abuse Treatment and Rehabilitation  The Dangerous Drugs Board in cooperation with the Department of Health offers treatment and rehabilitation programs to Filipinos who become ill because of drug abuse. Drug dependents undergo effective modes of treatment. It is the responsibility of the state to help and rehabilitate drug dependents so that they can once again achieve their dreams and become responsible and productive members of the society.  Requirements for Drug Abuse Treatment and Rehabilitation: 1. Application for Drug Dependency Examination (DDE) through the City Anti- Drug Abuse Council (CADAC) in your city or province. 2. Application for Police Clearance and Barangay Clearance where the drug dependent resides. 3. Application for Certificate of No Pending Case from the Regional Trial Court (RTC). If the drug dependent is a minor and with a pending case, the parents or guardian must secure a Certification of Suspended Sentence also from the RTC.  Steps on Drug Abuse Treatment and Rehabilitation Drug abuse treatment and rehabilitation follows certain steps and procedures. Treatment and rehabilitation can be voluntary, voluntary thru representations and compulsory confinement.  “Voluntary” means the drug dependent decides on his/her own to be examined and admitted in rehabilitation centers,  “Voluntary thru representations” means the drug dependent is willing but wants to be represented by an immediate family member or legal guardian and  “Compulsory confinement” means the drug dependent needs to be confined as the condition is life-threatening or threatens the life of the family.  Steps Securing Drug Abuse Treatment and Rehabilitation:  Secure referral form for Drug Dependency Exam at CADAC or Dangerous Drugs Board (DDB).  Have the drug dependent examined by DOH accredited doctor.  If drug dependent is found positive, DDE must be submitted with the other documents to the Legal Affairs Division of DDB.  A “Petition for Confinement” shall be filed with the RTC where the drug dependent lives.  Decision of place of confinement. The immediate family or legal guardian will decide where the drug dependent will be confined. The government usually recommends government-owned treatment and rehabilitation centers but the family has the right to choose where to confine the patient RA 9165 Comprehensive Dangerous Drugs Act of 2002 An Overview 2  It is the policy of the State: 3. 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 3  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 4 Unlawful Acts and Penalties ► Sec. 5 Acts: Penalty: Sale Life to Death + Trade P500k-P10M Distribute Deliver Transport Broker 5  Sec 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals Elements: 3. Identity of the buyer and the seller, the object, and the consideration 4. Delivery of the thing sold and the payment thereof 6  Unlawful Acts and Penalties ► Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution & Transportation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals Maximum Penalty Imposed on: 4. Committed within 100m from a school 5. Use of minors or mentally incapacitated persons as runners, couriers & messengers, or in any other capacity 6. If the victim is a minor or mentally incapacitated 7. Dangerous drug is the proximate cause of death of victim 8. Organizer, Manages the unlawful acts, financier 7 Protector/Coddler - 12y1d to 20y + P100k to P500k  Unlawful Acts and Penalties ► Sec 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. 8  Unlawful Acts and Penalties ► Sec 6. 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 9  Unlawful Acts and Penalties ► 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 10  Unlawful Acts and Penalties Sec. 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: 11  Possession of Dangerous Sec. 11 Drugs 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 12  Unlawful Acts and  ► Penalties (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 13 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. 14 15  Unlawful Acts and Penalties Sec 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 16  Unlawful Acts and Penalties Sec 15 Use of Dangerous Drugs 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.17  Unlawful Acts and Penalties Sec 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof Life Imprisonment to Death + Fine of P500k to P10M 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 18  19 Marijuana  Unlawful Acts and Penalties or Culture of Plants Classified as Sec 16. Cultivation Dangerous Drugs or are Sources Thereof 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 20  Other Unlawful Acts Sec 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals Sec 18. Unnecessary Prescription of Dangerous Drugs Sec 19. Unlawful Prescription of Dangerous Drugs Sec 37. Issuance of False or Fraudulent Drug Test Results 21  Other Unlawful Acts 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. 22  Other Unlawful Acts Sec 27. PublicOfficer 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 23  Other Unlawful Acts Any elective local or national official found: 3. To have benefited from the proceeds of the trafficking of dangerous drugs, or 4. 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 24  Other Unlawful Acts Sec 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. 25  Other Unlawful Acts 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. 26  Other Unlawful Acts Sec 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 27 appropriate body.  Other Unlawful Acts Sec 91. Responsibility & Liability of Law Enforcement Agencies … 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 offic28e  Other Unlawful Acts Sec 91. Responsibility & Liability of Law Enforcement Agencies... 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: 29  Other Unlawful Acts 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 30  Other Unlawful Acts Sec 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 31 provisions of the Revised Penal Code. 32 33 34