DANGEROUS DRUG ACT OF 2002

(Republic Acts No. 9165)

DEFINITIONS OF TERMS

Chemical Diversion – the sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

Controlled Delivery – The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the supervision of any unauthorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug related offense, or to facilitate prosecution of that offense.

Controlled Precursor and Essential Chemicals – Includes those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex, which is an integral part of this Act.

Drug Dependence – As based on the World Health Organization definition, it is a cluster of physiological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use.

Drug Syndicate – Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act.

Illegal Trafficking – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of any dangerous drug and/or controlled precursor and essential chemical.

Protector/Coddler – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he/she knows, or has reasonable ground to believe on or suspects, has violated the provision of this Act in order to prevent the arrest, prosecution and conviction of the violator.

Pusher – Any person who sells, trades, administers, dispenses, delivers, or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transaction, in violation of this Act.

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.

What are the significant Provisions in R.A. 6425

that have been changed?

1. Under this Act there is no more distinction between prohibited drug and regulated drugs and/or controlled precursors and essential chemicals enumerated in Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

1. The penalties provided by R.A. 7659 was changed , adopting partially the penalties in R.A. 6425.

1. In planting evidence any person now maybe held liable. Before, only law enforcement agents.

1. the provisions of the Revised Penal Code have no suppletory effect except for minors who may be sentenced to reclusion perpatua.

What are the new kinds of drugs

that are included in R.A. 9165?

Methylenedioxymethamphetamine (MDMA) or commonly known as “Ecstasy”, or its any other name which refers to the drugs having such chemical composition, including any of its isomers or derivatives in any form. Paramethoxyamphetamine (PMA), Trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (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 requirement, as determined and promulgated by the Board in accordance to Section 93, Art XI of this Act of R.A. 9165.

ACTS PUNISHABLE UNDER THE LAW

1)   Importation of any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived thereform even for floral, decorative and culinary purposes.

2) Importation of any controlled precursor and essential chemical.

3) Importation of any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry.

4) Organizing, managing, or acting as a “financier” of any of the illegal activities penalized under Section 4 of the Law.

5) Acting as “protector/coddler” of anyone who violates Section 4 of the Law.

6) Sale, trading, administration, dispensation, distribution and transportation of dangerous drugs, regardless of quantity and purity involved, or acting as a broker in any of such transactions.

7) Sale, trading, administration, dispensation, distribution and transportation of any controlled precursor and essential chemical, or acting as a broker in such transaction.

8) Use by drug pushers of minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the trade of dangerous drugs and/or controlled precursor and chemicals.

9) Acting as a protector/coddler of any violator of the provision of Sec. 5.

10) Maintenance of a Den, Dive or Resort where any dangerous drug is used or sold in any form.

11) Maintenance of a Den, Dive or Resort where any controlled precursors and essential chemical is used or sold in any form.

12) Acting as “protector/coddler” of a maintainer of a Den, Dive, or Resort.

13) Employees and Visitors of a Den, Drive, or Resort

14) Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

15) Acting as a protector or coddler of any violator of Sec. 8

16) Illegal Chemical Diversion of Controlled Precursor and Essential Chemicals.

17) Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.

18) Possession of Drug.

19) Possession of equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs

20) Possession of Dangerous Drugs During Parties, Social Gathering or Meetings.

21) Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs during Parties, Social Gathering or Meetings.

22) Use of Dangerous Drugs.

23) Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof.

24) Maintenance and keeping of Original Records of Transaction on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

25) Unnecessary Prescription of Dangerous Drugs

26) Unlawful Prescription of Dangerous Drugs

27) Attempt or Conspiracy to commit the following unlawful acts: (a) Importation of any dangerous drugs and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution, and transportation of any dangerous drug and/or controlled  precursor and essential chemical; (c) Maintenance of a den, dive, or resort where dangerous drugs 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.