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
*Asprotector/coddlerof 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

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,

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.
of

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

Under the act, who are required to undergo drug testing?

Person/s

Type of drug testing required

1.

Applicants for drivers license

Mandatory

2.

Applicants for firearms

license and or permit to carry
firearms outside residence

Mandatory

3.

Students of secondary and

tertiary schools

Random, pursuant to the rules in

the schools 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

companys 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 prosecutors 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.