9165

• RA 9165


  Comprehensive Dangerous Drugs Act of 2002
• Types of Drugs

  • Prohibited drugs
  • Regulated drugs
• Most Abused Prohibited Drugs in the Philippines

  • Methamphetamine Hydrochloride
  • Cannabis
  • Methylenedioxy-methamphetamine
• Government Agencies

  • Dangerous Drugs Board
  • Philippine Drugs Enforcement Agency
• RA 6425

  Dangerous Drugs Act of 1972
• RA 6425

  • Approved on April 4, 1972 by President Ferdinand E. Marcos
  • Contains 11 articles and 43 sections
• RA 9165

  • Approved on June 7, 2002 by President Gloria Macapagal-Arroyo
  • Contains 13 articles and 102 sections
• Declaration of Policy

  • To safeguard the integrity of its territory and the well-0being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being
  • To defend the same against acts or omissions detrimental to their development and preservation
• Clandestine Laboratory


  Facility used for the illegal manufacture of any dangerous drugs
• Dispense


  Act of giving away, selling or distributing any dangerous drugs with or without prescription
• Den, dive or Resort


  Where any dangeorus drug is administered, delivered, stored for illegal purposes
• Drug syndicate


  Organized group of 2 or more persons with the intention of committing any offense under this Act
• Financier


  Person who pays for any of the illegal activities prescribed under this Act
• Protector/Coddler


  Person who uses his/her influence, power or position in shielding or facilitating escape of a person who has violated the provision of this Act
• Practitioner


  Person who is a licensed physician, dentist, chemist, MT, nurse, midwife, veterinarian or pharmacist in the Philippines
• Pusher


  Person who sells, trades, administers, dispenses, delivers or gives away to another the dangerous drugs
• Chemical Diversion


  Sale, distribution supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors of drugs
• Controlled Delivery


  The investigative technique of suspects under the supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense
• Drug


  Substance introduced into the body
• Penalties for possession of dangerous drugs

  • Imprisonment: 6 months & 1 day to 4 years
  • Fine: Php 10,000 to 50,000
• Penalty for possession of dangerous drugs during parties, social gatherings or meetings

  Maximum penalties provided for in Section 11
• Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings


  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 2 persons
• Penalty for possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings or meetings

  Maximum penalty provided for in Section 12
• 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
• Penalties for use of dangerous drugs

  • 1st offense: 6 months rehabilitation
  • 2nd offense: 6 years & 1 day to 12 years, Php 50,000 to 200,000
• Penalties for cultivation or culture of plants classified as dangerous drugs or are sources thereof

  • Imprisonment: life time to death
  • Fine: Php 500,000 to 10,000,000
• Protector/coddler of violator of the provisions


  Any person, who acts as a "protector/coddler" of any violator of the provisions
• Penalties for protector/coddler of violator

  • Imprisonment: 12 years & 1 day to 20 years
  • Fine: Php 100,000 to 500,000
• Maintenance and keeping of original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals

  Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug and/or controlled precursor and essential chemical
• Penalties for failure to maintain and keep original records of transactions on dangerous drugs and/or controlled precursors and essential chemicals

  • Imprisonment: 1 years & 1 day to 6 years
  • Fine: Php 10,000 to 50,000
• Penalties for unnecessary prescription of dangerous drugs

  • Imprisonment: 12 years & 1 day to 20 years
  • Fine: Php 100,000 to 500,000
  • Revocation of license to practice
• Unlawful prescription of dangerous drugs

  Any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug
• Penalties for unlawful prescription of dangerous drugs

  • Imprisonment: life time to death
  • Fine: Php 500,000 to 10,000,000
• Drug testing laboratory


  Facility that is capable of testing a specimen to determine the presence of dangerous drugs therein
• Types of drug testing laboratories

  • Government
  • Private
• Institutional character of drug testing laboratories

  • Institutional-based
  • Free Standing
• Service capability of drug testing laboratories

  • Screening laboratories
  • Confirmatory Laboratories
• Physical plant requirements for screening drug testing laboratory

  At least 20 sqm floor area, work area must be 10 sqm with exhaust fan, sink and storage cabinet
• Physical plant requirements for confirmatory drug testing laboratory

  At least 60 sqm floor area, work area must be 30 sqm with exhaust fan, sink, stock room and instrumentation room
• Headship requirements for screening drug testing laboratory

  Pathologist or Physician with certification in Clinical Laboratory Management Training Either by a licensed physician, chemist, MedTech, pharmacist or chemical engineer