ILLEGAL DRUGS AND

PENALTIES
General Overview

PCPL ADRIAN P AGARCIO

S E C R E TA R I AT / F O C A L P E R S O N ,
S TAT I O N D R U G E N F O R C E M E N T U N I T,
M U N T I N L U PA C I T Y P O L I C E S TAT I O N
DEFINITION OF TERMS
Administer – Any act of introducing any dangerous drug into the body of any person, with
or without his/her knowledge, by injection, inhalation, ingestion or other means, or of committing
any act of indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for purposes of medication.

Deliver – Any act of knowingly passing a dangerous drug to another, personally or

otherwise, and by any means, with or without consideration.
Den, Dive or Resort – A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used
in any form.
Financier – Any person who pays for, raises or supplies money for, or underwrites any of
the illegal activities 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.
DEFINITION OF TERMS
Dispense – Any act of giving away, selling or distributing medicine or any dangerous drug
with or without the use of prescription.
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.
Financier – Any person who pays for, raises or supplies money for, or underwrites any of the
illegal activities 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.
DEFINITION OF TERMS
Financier – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities 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.
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. 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 transactions, in violation of this Act.
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 transactions, in violation of
this Act.
Sell – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or
any other consideration.
Trading – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, two-way radios, internet,
instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration
in violation of this Act.
Use – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the physiological system of the body, and of the dangerous drugs.
WHAT IS DRUGS?
 A drug is any substance that, alters normal bodily function,
resulting any psychological or behavioral change.
 Drug is a substance used to treat an illness.
CLASSIFICATION OF DRUGS?
 A drug is any substance that, alters normal bodily function,
resulting any psychological or behavioral change.
 Drug is a substance used to treat an illness.
SECTION 21. XXX
(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
xxx
(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, That a final certification shall be issued on the
completed forensic laboratory examination on the same within the next twenty-four (24) hours;
R.A. 10640 AMENDED SECTION 21
OF R.A. 9165
(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and
confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel,
with an elected public official and a representative of the National Prosecution Service or the media who shall
be required to sign the copies of the inventory and be given a copy thereof: Provided, That the physical inventory
and photograph shall be conducted at the place where the search warrant is served; or at the nearest police
station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless
seizures: Provided, finally, That noncompliance of these requirements under justifiable grounds, as long as the
integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall
not render void and invalid such seizures and custody over said items.
xxx

(3) A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory
examiner, shall be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow
the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however,
That a final certification shall be issued immediately upon completion of the said examination and certification;
PEOPLE OF THE PHILIPPINES V. ROMY LIM
Y MIRANDA, G.R. NO. 231989, SEPT 4, 2018
- A showing of any genuine and sufficient effort to secure the required witnesses

Mandatory Policy:
1. In the sworn statements/affidavits, the apprehending/seizing officers must state their compliance with
the requirements of Section 21 (1) of R.A. No. 9165, as amended, and its IRR.
2. In case of non-observance of the provision, the apprehending/seizing officers must state the
justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and
evidentiary value of the seized/ confiscated i terns.
3. If there is no justification or explanation expressly declared in the sworn statements or affidavits, the
investigating fiscal must not immediately file the case before the court. Instead, he or she must refer the case
for further preliminary investigation in order to determine the (non) existence of probable cause.
4. If the investigating fiscal filed the case despite such absence, the court may exercise its discretion to
either refuse to issue a commitment order (or warrant of arrest) or dismiss the case outright for lack of
probable cause in accordance with Section 5,40 Rule 112, Rules of Court.
SECTION 22. GRANT OF
COMPENSATION, REWARD AND AWARD
The Board shall recommend to the concerned government agency the grant of compensation,
reward and award to any person providing information and to law enforcers participating in the
operation, which results in the successful confiscation, seizure or surrender of dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals.
SECTION 23. PLEA-
BARGAINING PROVISION
UNCONSTITUTIONAL
Any person charged under any provision of this Act regardless of the imposable penalty shall not
be allowed to avail of the provision on plea-bargaining.
SALVADOR ESTIPONA JR Y ASUELA V. HON.
FRANK E LOBRIGO, G.R. NO. 226679, AUG 15,
2017
 Section 2 Rule 118. The Pre-trial conference shall consider the following;
a. Plea bargaining
xxx

• Section 23 of RA 9165 is declared unconstitutional for being contrary to the rule-making

authority of the Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution
A.M. NO.18-03-16-SC (ADOPTION OF PLEA
BARGAINING FRAMEWORK IN DRUG CASES)
Offense Charged Accepted Plea Bargain
Sec. 11 Par. 3 – less than 5 grams of shabu, opium, Sec. 12
morphine, heroin, cocaine
Sec. 11 Par 3 – less than 300 grams of marijuana Sec. 12
Sec. 11 Par 2 – 5g or more but not exceeding 10g of Sec. 11 Par. 3
shabu, opium, morphine, heroin, cocaine
* 10g and above * no Plea bargaining allowed
Sec. 11 Par 2 – 300g or more but not exceeding 500g Sec. 11 Par. 3
marijuana
* 500g and above * no Plea bargaining allowed
Sec. 12 Sec. 15
Sec. 14 Sec. 15
Sec. 5 0.01g to 0.99g of shabu Sec. 12
*1.0g and above of shabu * no Plea bargaining allowed
Sec. 5 0.01g to 9.99g of marijuana Sec. 12
* 10g and above * no Plea bargaining allowed
CAN A PERSON CONVICTED FOR DRUG
TRAFFICKING OR PUSHING AVAIL OF THE
PRIVILEGE GRANTED BY THE PROBATION LAW?

Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers.
Any person convicted for drug trafficking or pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
WHAT IS THE CRIMINAL LIABILITY OF A PUBLIC OFFICER OR
EMPLOYEE FOR MISAPPROPRIATION, MISAPPLICATION OR
FAILURE TO ACCOUNT FOR THE CONFISCATED, SEIZE,
AND/OR SURRENDERED DANGEROUS DRUGS?

Penalty of life imprisonment to death

Fine ranging from 500,000 Php to 10,000,000 Php
Absolute perpetual disqualification from any public office
Any elective local or national official found to have benefitted from the proceeds of trafficking of
dangerous drugs shall be removed from office and perpetually disqualified from holding any
elective or appointive position in the government. (Section 27)
WHAT IS THE CRIMINAL LIABILITY OF ANY
PERSON WHO IS FOUND GUILTY OF
PLANTING ANY DANGEROUS DRUGS?

Penalty of death
(Section 29)
SECTION 33. IMMUNITY FROM
PROSECUTION AND PUNISHMENT
xxx, any person who has violated sections 7, 11, 12, 14, 15, and 19 xxx who voluntarily gives
information about any violation of sections 4, 5, 6, 8, 10, 13, and 16 xxx shall be exempted from
prosecution provided:
1 The information and testimony are necessary for the conviction of the persons described above
2 Such information and testimony are not yet in the possession of the state
3 Such information and testimony can be corroborated on its material point
4 The informant or witness has not been previously convicted of a crime involving moral
turpitude xxx
5 xxx the informant or witness shall strictly and faithfully comply without delay, any conditions
nor undertaking, reduced into writing, lawfully imposed by the State, xxx
6 Such informant or witness does not appear to be the most guilty
7 There is no direct evidence available for the state xxx
SECTION 34. TERMINATION OF
THE GRANT OF IMMUNITY
 Information and/or testimony is false
 Malicious
 Made only for the purpose of harassing, molesting or in any way prejudicing the persons
described in the preceding Section
 In case an informant or witness fails or refuses to testify without just caused (subject to
contempt and/or criminal prosecution)
SECTION 35. ACCESSORY
PENALTIES
 Civil rights – rights of parental authority or guardianship
 Political rights – right to vote and be voted for
SECTION 36. AUTHORIZED
DRUG TESTING.
The following shall be subjected to undergo drug testing:
(a) Applicants for driver's license.
(b) Applicants for firearm's license and for permit to carry firearms outside of residence.
(c) Students of secondary and tertiary schools.
(d) Officers and employees of public and private offices.
(e) Officers and members of the military, police and other law enforcement agencies

UNCONSTITUTIONAL
(f) All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to
undergo a mandatory drug test; and

UNCONSTITUTIONAL
WHY?
(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.
In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.
SECTION 38
xxx Any person apprehended or arrested for violating the provisions of this Act shall be
subjected to screening laboratory examination or test within 24 hours
- If the apprehending or arresting officer has reasonable ground to believe that the person
apprehended or arrested, on account of physical signs or symptoms or other visible or outward
manifestation, is under the influence of dangerous drugs.
WHAT IS THE LIABILITY OF A MEMBER OF A LAW
ENFORCEMENT AGENCIES OR ANY OTHER
GOVERNMENT OFFICIALS OR EMPLOYEE, WHO
AFTER DUE NOTICE, FAILS OR REFUSES
INTENTIONALLY OR NEGLIGENTLY TO APPEAR AS
WITNESS INVOLVING VIOLATIONS OF THIS ACT
WITHOUT ANY VALID REASON?
 Administrative liability
 Imprisonment of not less than 12 years and 1 day to 20 years
 Fine of not less than 500,000 Php

(Section 91)
HOW ABOUT HIS IMMEDIATE
SUPERIOR?
 Perpetual absolute disqualification from public office (does not exert reasonable effort to
present the law enforcement officer)
 Imprisonment of not less than 2 months and 1 day but not more than 6 years
 Fine of not less than 10,000 Php but not more than 50,000 Php

(Section 91)
CAN A MEMBER OF A LAW ENFORCEMENT
AGENCY BE TRANSFERRED OR REASSIGNED
TO OTHER GOVERNMENT OFFICE LOCATED IN
ANOTHER TERRITORIAL JURISDICTION
DURING THE PENDENCY OF THE CASE IN
COURT?
 No.
 However, he may be transferred or re-assigned for compelling reasons
 The immediate superior of the member of a LEA shall notify the court within 24 hours from its
approval.
 What if the immediate superior failed to notify the Court of such transfer or re-
assignment?
 The immediate superior shall be penalize with imprisonment of not less than 2 months and 1 day but
not more than 6 years and a fine of not less than 10,000 Php but not more than 50,000 Php
WHAT IS THE PENALTY FOR DELAY AND
BUNGLING IN THE PROSECUTION OF DRUG
CASES?

 Through patent laxity, inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of drug cases.
 Imprisonment ranging from 12 years and 1 day to 20 years without prejudice to his/her prosecution
under RPC
SECTION 4 - IMPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

 The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall import or bring into the Philippines 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 there from even for floral, decorative and culinary
purposes.
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import any controlled precursor and essential chemical.
SECTION 4 - IMPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

 The maximum penalty provided for under this Section shall be imposed upon any person,
who, unless authorized under this Act, shall import or bring into the Philippines 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 of the same. In addition, the diplomatic passport shall be
confiscated and cancelled.
 The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
DISPENSATION, DELIVERY, DISTRIBUTION AND
TRANSPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS
 The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute dispatch in transit or transport any dangerous drug, including any and all
species of opium poppy regardless of the quantity and purity involved, or shall act as a broker
in any of such transactions.
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall act as a broker in
such transactions.
DISPENSATION, DELIVERY, DISTRIBUTION AND
TRANSPORTATION OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS.
 If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school,
the maximum penalty shall be imposed in every case.
 For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in
any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in every case.
 If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of
death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.
 The maximum penalty provided for under this Section shall be imposed upon any person who organizes,
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
SECTION 6. MAINTENANCE OF A
DEN, DIVE OR RESORT
 The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form.
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person or group of persons who shall maintain a den,
dive, or resort where any controlled precursor and essential chemical is used or sold in any form.
 The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to
a minor who is allowed to use the same in such a place.
 Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or operator.
 If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further, That the
prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally, That the owner shall be included
as an accused in the criminal complaint.
 The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of
the illegal activities prescribed in this Section.
 The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.
SECTION 7. EMPLOYEES AND VISITORS
OF A DEN, DIVE OR RESORT
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as
such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit the same
SECTION 8.MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

 The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall engage in the manufacture of any dangerous drug.
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall manufacture any controlled precursor and essential chemical.
SECTION 8.MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

 The presence of any controlled precursor and essential chemical or laboratory equipment in
the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall
be considered an aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or with the help
of minor/s:
(b) Any phase or manufacturing process was established or undertaken within one hundred
(100) meters of a residential, business, church or school premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business operations; or
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
SECTION 8.MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

 The maximum penalty provided for under this Section shall be imposed upon any person, who
organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this
Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a
fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
SECTION 9. ILLEGAL CHEMICAL
DIVERSION OF CONTROLLED
PRECURSORS AND ESSENTIAL
CHEMICALS
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall illegally divert any controlled precursor and essential chemical.
SECTION 10. MANUFACTURE OR DELIVERY OF
EQUIPMENT, INSTRUMENT, APPARATUS, AND
OTHER PARAPHERNALIA FOR DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS.
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to
deliver equipment, instrument, apparatus and other paraphernalia for dangerous drugs, knowing, or under
circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain
or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act.
 The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging
from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used
to inject, ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
 The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or
a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia
for dangerous drugs.
SECTION 11.POSSESSION OF
DANGEROUS DRUGS
 The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of
purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
SECTION 11.POSSESSION OF
DANGEROUS DRUGS
 methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (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 requirements, as determined and promulgated by the Board in accordance
to Section 93, Article XI of this Act.
 Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
 (1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
 (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, 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
requirements; or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana; and
SECTION 11.POSSESSION OF
DANGEROUS DRUGS
 (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging
from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited
to, MDMA or "ecstasy", PMA, TMA, LSD, 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 requirements; or less than three hundred (300) grams of
marijuana.
SECTION 12.POSSESSION OF EQUIPMENT, INSTRUMENT,
APPARATUS AND OTHER PARAPHERNALIA FOR DANGEROUS
DRUGS.

 The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and
a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon any person, who, unless authorized by law, 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: Provided, That in the case of medical practitioners and various professionals who
are required to carry such equipment, instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the necessary implementing guidelines
thereof.
 The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended
for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence
that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or
used a dangerous drug and shall be presumed to have violated Section 15 of this Act.
SECTION 13. POSSESSION OF DANGEROUS
DRUGS DURING PARTIES, SOCIAL
GATHERINGS OR MEETINGS.

 Any person found possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum
penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such
dangerous drugs.
SECTION 14. POSSESSION OF EQUIPMENT,
INSTRUMENT, APPARATUS AND OTHER
PARAPHERNALIA FOR DANGEROUS DRUGS
DURING PARTIES, SOCIAL GATHERINGS OR
MEETINGS.
 The maximum penalty provided for in Section 12 of this Act shall be imposed upon 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 two (2) persons.
SECTION 15. 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, shall be imposed a penalty of a minimum of six (6) months
rehabilitation in a government center for the first offense, subject to the provisions of Article
VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand
pesos (P200,000.00): Provided, That this Section shall not be applicable where the person
tested is also found to have in his/her possession such quantity of any dangerous drug
provided for under Section 11 of this Act, in which case the provisions stated therein shall
apply.
SECTION 16. CULTIVATION OR CULTURE OF
PLANTS CLASSIFIED AS DANGEROUS DRUGS
OR ARE SOURCES THEREOF.
  The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium
poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source
from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such
dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board
shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and
disposal of such plants and materials.
 The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated
and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such cultivation or culture
despite the exercise of due diligence on his/her part. If the land involved is part of the public domain, the maximum penalty
provided for under this Section shall be imposed upon the offender.
 The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts
as a "financier" of any of the illegal activities prescribed in this Section.
 The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this Section.
SECTION 17. MAINTENANCE AND KEEPING OF
ORIGINAL RECORDS OF TRANSACTIONS ON
DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS

 The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a
fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon 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 in accordance with Section 40 of this Act.
 An additional penalty shall be imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a manufacturer, seller,
importer, distributor, dealer or retailer.
SECTION 18. UNNECESSARY
PRESCRIPTION OF DANGEROUS DRUGS
 The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her license to
practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any
person whose physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations of practitioners,
particularly those who are involved in the care of persons with severe pain.
SECTION 19. UNLAWFUL PRESCRIPTION
OF DANGEROUS DRUGS
 The penalty of life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon 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.
(F) ALL PERSONS CHARGED BEFORE THE
PROSECUTOR'S OFFICE WITH A CRIMINAL OFFENSE
HAVING AN IMPOSABLE PENALTY OF
IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS
AND ONE (1) DAY SHALL HAVE TO UNDERGO A
MANDATORY DRUG TEST; AND
xxx while mandatory is a random and suspicionless arrangement. The objective is to stamp out
illegal drug and safeguard the well-being of xxx youth from the harmful effect of dangerous drugs. xxx
Those found positive for illegal drug use xxx are not necessarily treated as criminals and may be exempt
from criminal liability under Section 54 and 55 of RA 9165.
xxx In the case of persons charge with a crime before the prosecutors office, a mandatory drug testing
can never be random and suspicionless. xxx Drug testing in this case would violate a persons right to
privacy xxx and the accused persons are veritably forced to incriminate themselves
SOCIAL JUSTICE SOCIETY (SJS), vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA), G.R. No. 157870, November 3, 2008;
ATTY. MANUEL J. LASERNA, JR., vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG
ENFORCEMENT AGENCY, G.R. No. 158633, November 3, 2008;
AQUILINO Q. PIMENTEL, JR., vs. COMMISSION ON ELECTIONS, G.R. No. 161658, November 3,
2008
(G) ALL CANDIDATES FOR PUBLIC OFFICE
WHETHER APPOINTED OR ELECTED BOTH IN THE
NATIONAL OR LOCAL GOVERNMENT SHALL
UNDERGO A MANDATORY DRUG TEST.
xxx The unconstitutionality of Sec 36 (c) of RA 9165 is rooted on its having infringed the
constitutional provision defining the qualification or eligibility requirements for one aspiring to run
for and serve as Senator.

SOCIAL JUSTICE SOCIETY (SJS), vs. DANGEROUS DRUGS BOARD and PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA), G.R. No. 157870, November 3, 2008;
ATTY. MANUEL J. LASERNA, JR., vs. DANGEROUS DRUGS BOARD and PHILIPPINE
DRUG ENFORCEMENT AGENCY, G.R. No. 158633, November 3, 2008;
AQUILINO Q. PIMENTEL, JR., vs. COMMISSION ON ELECTIONS, G.R. No. 161658,
November 3, 2008