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 1.
Importation A. of dangerous drugs
Penalty
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 B. of controlled precursor Imprisonment of 12 to 20 years and essential chemical + Fine of P 100,000 to P 500,000 * Act/s A and/or B Maximum penalty through the use of a +Death + Fine of P 10,000,000 diplomatic passport
Punishable Act
•As “financier” of acts A and/or B *As“protector/coddler”of acts A and/or B
Penalty
Maximum penalty +Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
2. Sale, trading, administration, dispensation, delivery, distribution and transportation A. Of dangerous drugs
Life imprisonment to death +Fine of P500,000 to P 10,000,000 B. Of controlled precursor and Imprisonment of 12 to 20 years essential chemical + Fine of P 100,00o to P 500,000 - If act/s A and/or B transpires Maximum penalty within 100 meters from school +Death + Fine of P 10,000,000
Punishable Act
Penalty
-If act/s A and/or B employed Maximum penalty minors or the mentally +Death + Fine of P 10,000,000 incapacitated as runners, couriers, and messengers -If the victim of act/s A and/or B is Maximum penalty a minor or mentally incapacitated +Death + Fine of P 10,000,000 -If A and/or B in question is the Maximum penalty proximate cause of death of a +Death + Fine of P 10,000,000 victim -As “financier” of acts A and/or B
Maximum penalty + Death + Fine of P 10,000,000 -As “protector/coddler” of acts A Imprisonment of 12 to 20 years and/or B + Fine of P 100,000 to 500,000
Punishable Act
Penalty
3. Maintenance of a den, dive or resort A.. Where any dangerous drug Life imprisonment to death is used or sold + Fine of P 500,000 to P 10,000,000 B. where any controlled Imprisonment of 12 to 20 years precursor and essential + Fine of P 100,000 to chemical is used or sold P 500,000 - If victim of act/s A and/or B is a minor
Maximum penalty + Death + Fine of P 10,000,000
Punishable Act
- 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
Penalty
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
4. Employees and/or knowing Imprisonment of 12 to 20 years visitors of a den, dive, or resort + 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 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
Penalty
Punishable Act •
•
6.
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
Penalty Maximum penalty +Death + Fine of P 10,000,000
Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Illegal chemical diversion of controlled precursors and Imprisonment of 12 to 30 years essential chemicals + Fine of P 100,000 to P 500,000
Punishable Act 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
Penalty 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 •
8. A.
Use of a minor or mentally incapacitated individuals to deliver such equipment, instrument, apparatus, and other paraphernalia Possession of dangerous drugs 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
Penalty 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 Life imprisonment to death marijuana resin or marijuana + Fine of P 500,000 to P resin oil 10,000,000 500 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
Punishable Act
Penalty
B.
10 grams or more but less Life imprisonement than 50 grams of shabu + Fine of P 400,000 to P 500,000
C.
5 grams or more but less than 20 years of life imprisonment 10 grams of: + Fine of P 400,000 to P 500,000 opium morphine morphine cocaine or cocaine hydrochloride marijuana resin or marijuana resin oil shabu other dangerous drugs— ecstacy, PMA, TMA, LSD, GHB;
Punishable Act
D.
Penalty
Or 300 grams or more but Imprisonment of 12 to 20 years less than 500 grams of + Fine of P 300,000 to P 400,000 marijuana 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;
Punishable Act
Penalty
or less than 300 grams of Imprisonment of 12 to 20 years marijuana + Fine of P 300,000 to P 400,000 9.
•
Possession of equipment, Imprisonment of 6 months to 4 instrument, apparatus, and years + Fine of 10,000 to 50,000 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 Maximum penalty of section 11 on drugs during parties, social Possession of Dangerous Drugs \+ gatherings, or meetings 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
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
13. Cultivation or culture of Life imprisonment to death plants classified as + Fine of P 500,000 to P dangerous drugs or are 10,000,000 sources thereof
Punishable Act
Penalty
13. Cultivation or culture of •The land or portions thereof plants classified as and/or greenhouses on which any dangerous drugs or are of said plants is cultivated shall be sources thereof confiscated and escheated in favor of the state. such Maximum penalty + death + Fine of P 10,000,000
•
As financier cultivation
•
As protector/coddler of such Imprisonment of 12 to 20 years cultivation + Fine of 100,000 to P 500,000
of
Under the act, who are required to undergo drug testing? Person/s
Type of drug testing required
1.
Applicants for driver’s license
Mandatory
2.
Applicants for firearm’s license and or permit to carry firearms outside residence
Mandatory
3.
Students of secondary and tertiary schools
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
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
Random, as contained in the company’s work rules and regulations, which will be borne by the employer
5.
Officers and members of the military, police and other law enforcement agencies
Mandatory and annually
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
Mandatory
Under the act, who are required to undergo drug testing? Person/s 7.
All candidates for public office whether appointed or elected both in the national or local government
Type of drug testing required 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.
B.
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 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; Preventive measures against drug abuse Health, socio-cultural, psychological, legal, and economic dimensions and implications of the drug problem; 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 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.
2) 3) 4)
5)
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.
