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 dangero
us drugs and imposing the appropriate penalties as provided for in t
he Act;

• Achieving a balance in the national drug control program so that peo

ple with legitimate medical needs are not prevented from being treat
ed with adequate amounts of appropriate medications that include th
e use of dangerous drugs; and

• Providing sustainable program of treatment and rehabilitation to thos

e who have fallen victims to drug abuse or dangerous drug depende
nce.
Who are the so-called dangerous drugs?

RA 9165 provides several list of all known dangerous drugs and their a
ssociated substances. Here, however, are some of the most commo
nly abused substances:

• marijuana, marijuana resin, or marijuana oil

• Methylenedioxymethamphetamine (MDMA) or commonly known as

“Ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamin
e (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate
(GHB), and those similarly designed or newly introduced drugs and t
heir 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, dispe

nsation, manufacture, sale, trading, transportation, distribution, impo
rtation, exportation, and possession of any dangerous drug and/or c
ontrolled 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 i
nto the physiological system of the body.
Specially, what are the punishable acts referred to by “trafficki
ng and use” and their corresponding penalties?

Punishable Act Penalty

1. Importation Life imprisonment to death + Fine
2. A. of dangerous drugs of P 500,000 to P 10,000,000
Imprisonment of 12 to 20 years +
3. B. of controlled precursor Fine of P 100,000 to P 500,000
and essential chemical Maximum penalty
+Death + Fine of P 10,000,000
4. * Act/s A and/or B
through the use of a
diplomatic passport
5.
 Punishable Act Penalty
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 P 500,000

2. Sale, trading, administration, dispe

nsation, delivery, distribution and tra
nsportation

A. Of dangerous drugs Life imprisonment to death

+Fine of P500,000 to
P 10,000,000
B. Of controlled precursor and essenti Imprisonment of 12 to 20 years
al chemical + Fine of P 100,00o to P 500,000

- If act/s A and/or B transpires within Maximum penalty

100 meters from school +Death + Fine of P 10,000,000
 Punishable Act Penalty
-If act/s A and/or B employed minors Maximum penalty
or the mentally incapacitated as runn +Death + Fine of P 10,000,000
ers, couriers, and messengers

-If the victim of act/s A and/or B is a

Maximum penalty
minor or mentally incapacitated
+Death + Fine of P 10,000,000
-If A and/or B in question is the proxi
Maximum penalty
mate cause of death of a victim
+Death + Fine of P 10,000,000
-As “financier” of acts A and/or B
Maximum penalty
-As “protector/coddler” of acts A and + Death + Fine of P 10,000,000
/or B Imprisonment of 12 to 20 years
+ Fine of P 100,000 to 500,000
 Punishable Act Penalty
3. Maintenance of a den, dive or res
ort

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 Maximum penalty

is a minor + Death + Fine of P 10,000,000
 Punishable Act Penalty
- If usage of A and/or B in the Death
above den, dive or resort is the + Fine of P 1,000,000 to P 15,000,000
proximate cause of death of a
victim Confiscation of property in favor of go
- If owner of den, dive or resort is a vernment
third party
Maximum penalty
- As “financier of acts A and/or B
+Death + Fine of P 10,000,000
Imprisonment of 12 to 20 years + Fine
- As “protector/coddler” of act/s A
of P 100,000 to P 500,000
and/or B
Imprisonment of 12 to 20 years
4. Employees and/or knowing visitor
+ Fine of P 100,000 to P 500,000
s of a den, dive, or resort
 Punishable Act Penalty
5. Manufacture

A. of dangerous drugs Life imprisonment to death

+ Fine of P 500,000 to 10,000,000
B. of controlled precursors and Imprisonment of 12 to 20 years
essential chemicals + Fine of P 100,000 to P 500,000

-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.
 Punishable Act Penalty
Aggravating circumstances:
If any phase of the manufacturing pr
ocess was:
(a) Conducted in the presence or wi
th the help of minor/s
(b) Established or undertaken withi
n 100 meters of a residential, bu
siness, church or school premise
s.
(c) Laboratory was secured or prote
cted with booby traps.
(d) Laboratory was concealed with l
egitimate business operations.
(e) The employment of a practition
er, chemical engineer, public offi
cial or foreigner
 Punishable Act Penalty
As financier of the manufacture of d Maximum penalty
angerous drugs and/or its contr +Death + Fine of P 10,000,000
olled precursors and essential ch
emicals
As protector/coddler of the manufact Imprisonment of 12 to 20 years
ure of dangerous drugs and/or it + Fine of P 100,000 to P 500,000
s controlled precursors and esse
ntial chemicals

6. Illegal chemical diversion of con

trolled precursors and essential Imprisonment of 12 to 30 years
chemicals + Fine of P 100,000 to P 500,000
 Punishable Act Penalty
7. Manufacture or delivery of equip Imprisonment of 12 to 20 years
ment, instrument, apparatus, a + Fine of P 100,000 to P 500,000
nd other paraphernalia for dang
erous drugs and/or controlled p
recursors and essential chemica
ls
If said manufacturer or delivery of eq Imprisonment of 6 months to 4 years
uipment instrument, apparatus + Fine of P 10,000 to P 50,000
or paraphernalia is intended for
injection, ingestion, inhalation o
r the introduction into the huma
n body of a dangerous drug
 Punishable Act Penalty
Use of a minor or mentally incapacita Maximum penalty
ted individuals to deliver such e + 20 years imprisonment
quipment, instrument, apparatu + Fine of P 500,000.00
s, and other paraphernalia
8. Possession of dangerous drugs
A. 10 grams or more of opium
B. 10 grams or more of Life imprisonment to death
C. morphine + Fine of P 500,000 to P 10,000,000
D. 10 grams or more of heroin
E. 10 grams or more of cocain
e
F. or cocaine hydrochloride
G. 50 grams or more of
H. methamphetamine
I. hydrochloride or shabu
 Punishable Act Penalty
10 grams or more of marijuana r Life imprisonment to death
esin or marijuana resin oil + Fine of P 500,000 to P 10,000,000
500 grams or more of marijuana
10 grams or more of other dang
erous drugs such as, but not limi
ted to methylenedioxymethamp
hetamine (MMDA) or ecstacy, p
aramethoxyampetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB),
and other similarly designed or n
ewly introdced drugs and their d
erivatives
 Punishable Act Penalty
B. 10 grams or more but less than Life imprisonement
50 grams of shabu + Fine of P 400,000 to P 500,000

C. 5 grams or more but less than 1 20 years of life imprisonment

0 grams of: + Fine of P 400,000 to P 500,000
D. opium
E. morphine
F. morphine
G. cocaine or
cocaine
H. h
ydrochloride
I. marijuana
resin or
J. m
arijuana resin oil
K. shabu
L. other dang
erous drugs—
M. ec
 Punishable Act Penalty
Or 300 grams or more but less t Imprisonment of 12 to 20 years
han 500 grams of marijuana + Fine of P 300,000 to P 400,000
D. Less than 5 grams of
opium
morphine
morphine
cocaine or cocaine
hydrochlor
ide
marijuana resin or
marijuana
resin oil
shabu
other dangerous dr
ugs—
ecstacy, P
MA,
TMA, LSD,
GHB;
 Punishable Act Penalty
or less than 300 grams of marij Imprisonment of 12 to 20 years
uana + Fine of P 300,000 to P 400,000

9. Possession of equipment, instru Imprisonment of 6 months to 4 years

ment, apparatus, and other par + Fine of 10,000 to 50,000
aphernalia for dangerous drugs
Such possession shall be prima facie e
vidence that the possessor has u
sed a dangerous drug in violatio
n of section 15 on Drug Use.

10. Possession of dangerous drugs

during parties, social gatherings Maximum penalty of section 11 on Po
, or meetings ssession of Dangerous Drugs \+ death
+ P 10,000,000
 Punishable Act Penalty
11. Possession of equipment, instru Maximum Penalty of Section 12 on Po
ment, apparatus and other para ssession of Equipment, etc. for Dange
phernalia for dangerous drugs d rous Drugs
uring parties, social gatherings, + 4 years Imprisonment + P 50,000 fin
or meetings e
12. Use of dangerous drugs
First offense, after a confirmatory tes Minimum of 6 months rehabilitation i
t n a government center
Second offense Imprisonment of 6 to 12 years
+ Fine of P 50,000 to P 200,000

13. Cultivation or culture of plants c Life imprisonment to death

lassified as dangerous drugs or + Fine of P 500,000 to P 10,000,000
are sources thereof
 Punishable Act Penalty
13. Cultivation or culture of plants c The land or portions thereof and/or g
lassified as dangerous drugs or reenhouses on which any of said plan
are sources thereof ts is cultivated shall be confiscated an
d escheated in favor of the state.

As financier of such cultivation Maximum penalty

+ death + Fine of P 10,000,000

As protector/coddler of such cultivati

on Imprisonment of 12 to 20 years
+ 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 driver’s license Mandatory

2. Applicants for firearm’s license a Mandatory

nd or permit to carry firearms o
utside residence

3. Students of secondary and tertia Random, pursuant to the rules in the

ry schools school’s student handbook and with
notice to the parents, expenses of wh
ich 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 publi Random, as contained in the compan
c and private offices y’s work rules and regulations, which
will be borne by the employer
Mandatory and annually
5. Officers and members of the mil
itary, police and other law enfor
cement agencies
Mandatory
6. All persons charged before the p
rosecutor’s office with a criminal
offense having an imposable pe
nalty of imprisonment of not les
s than six years and one day
 Under the act, who are required to undergo drug testing?
Person/s Type of drug testing required
7. All candidates for public office mandatory
whether appointed or elected b
oth in the national or local gover
nment
What happens when anyone of the above are found positive for da
ngerous drugs?

They Shall be subjected to the provisions of Section 15 on the use o

f Dangerous Drugs, where the violator upon first offense will be pena
lized with a minimum of six months rehabilitation in a government ce
nter, and upon second offense will be penalized with imprisonment o
f 6 to 12 years and fined from P 50,000 to P 200,000.
What does the Act say about the participation of the fa
mily, students, teachers, and school authorities in the e
nforcement of the new drug laws?

A. THE FAMILY being the basic unit of the Filipino society shall be p
rimarily responsible for the education and awareness of the memb
ers of the family on the ill effects of dangerous drugs and close m
onitoring of its members who may be susceptible to drug abuse
B. ALL STUDENT COUNCILS AND CAMPUS ORGANIZATIONS of
elementary, secondary, and tertiary schools shall include in their a
ctivities a program for the prevention of and deterrence in the use
of dangerous drugs, as well as referrals for treatment and rehabilit
ation 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 int
egrate instruction on drug abuse prevention and control. Such instruction
shall include:

1) Adverse effects of the abuse and misuse of dangerous drugs on the pers
on, the family, the school, and the community;
2) Preventive measures against drug abuse
3) Health, socio-cultural, psychological, legal, and economic dimensions an
d implications of the drug problem;
4) 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 dr
ug dependents; and
5) Misconceptions about the use of dangerous drugs such as, but not limite
d to, the importance and safety of dangerous drugs for medical and thera
peutic use as well as the differentiation between medical patients and dru
g dependents in order to avoid confusion and accidental stigmatization in
the consciousness of the students.
ALL HEADS, SUPERVISORS AND TEACHERS OF SCHOOLS

shall deemed persons in authority and, as such, are hereby empowe

red to apprehend, arrest, or cause the apprehension or arrest of any
person who shall violate any of the said provisions. They shall be de
emed persons in authority if they are in the school or within its imme
diate vicinity, or even beyond such immediate vicinity if they are in a
ttendance 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 Depart
ment of the Interior and Local Government (DILG), the National Yout
h Commission (NYC) and the Department of Social Welfare and Dev
elopment (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 Welfa
re Development Officer, shall sponsor drug prevention programs, act
ivities and information campaigns for the purpose of educating out-of
-school youth and street children on the pernicious effects of drug ab
use. The programs initiated by the Center shall likewise be adopted i
n all public and private orphanages and existing special centers for s
treet children.