comprehensive dangerous drug act

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  • 8/11/2019 Comprehensive Dangerous Drug Act

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    Comprehensive Dangerous Drug Act

    RA No. 9165

    Section 1: Short Title

    Section 2: Declaration of Policy

    Section 3: Definitions

    Clandesine Laboatory- any facility used for the illegal manufacture of any dangerous drug and/or

    controlled precursor and essential chemical

    Cultivate or Culture- any act of knowingly planting, growing, raising or permitting the planting,

    growing, or raising of any plant which is the source of dangerous drug

    Den, Dive or Resort- any place where any dangerous drug is administered, delivered, stored for

    illegal purposes, distributed ,sold or used in any form.

    Dispense- any act of giving away, selling or distributing medicine or any dangerous drug with or

    without use of prescription.

    Illegal Trafficking- the illegal cultivation, culture, delivery, adminstration, dispensation,

    manufacture, sale, trading, transportation, distribution, imporation, exportation, and possession of

    any dangerous drug.

    Manufacture- production, preparation, compounding, processing, of any dangerous drug directly

    or indirectly, or independently by means of chemical synthesis or by combination of extraction and

    chemical synthesis, and shall include any packaging or repackaging, of such substances.

    Cannabis- Marijuana or Indian Hemp

    Methylenedioxymethamphetamine (MDMA)- ecstacy

    Methamphetamine HCl-shabu, ice, meth

    Opium- coagulated juice of opium poppy

    Opium Poppy- part of the plant of the species Papaver somniferum L.

    Protector/ Coddler- any person who knowingly and willfully consents to unlawful act provided by

    this Act

    ARTICLE II

    Unlawful Acts and Penalties

    Section 4.Importation of Dangerous DrugsPenalty: life imprisonment to death

    500,000-10M

    12yrs and 1day- 20yrs

    Section 5.Sale, Trading, Administration, Dispensation, Distribution and Transportation of Dangerous Drug

    Penalty: life imprisonment to death

    500,000-10M

    12yrs and 1day-20yrs

    Section 6.Maintenance of Den, Dive or Resort

    Penalty: life imprisonment to death

    500,000-10M

    12yrs and 1day-20yrsSection 11.Possession of Dangerous Drugs

    Penalty: life imprisonment to death

    500,000-10M

    12yrs and 1day-20yrs

    a. 10g or more of opium

    b. 10g or more of morphine

    c. 10g or more of heroin

    d. 10g or more of shabu

    e. 10g or more of marijuana

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    f. 10g or more of ecstacy

    Section 12. Possession of Equipment, Instrument, Apparatus and other paraphernalia for Dangerous Drug

    Penalty: Imprisonment of 6mos and 1day- 4yrs

    10,000-50,000

    Provided, that in case of medical practitioners are various professionals who are required to carry such

    equipment, instrument, apparatus, and other paraphernalia in the practice o0f their profession, the board shall

    prescribe the necessary implementing guidelines thereof.

    Section 13:possession of Dangerous Drug during Parties, Social Gatherings or Meetings

    (with proximate company of at least 2 persons)Penalty: maximum penalties provided for in the Section 11 of this act

    Section 15: Use of Dangerous Drug

    ((person apprehended or arrested, who is found to be positive for use of any dangerous drug after a

    confirmatory test)

    Penalty:

    1st

    offense: 6mos rehabilitation in the government centers

    2nd

    offense: 6yrs and 1day- 12yrs imprisonment

    fine: 50,000-200,000

    Section 16: Cultivation or Culture of Plants Classified as Dangerous Drugs

    Penalty: life imprisonment to death

    500,000-10M

    Provided, medical labs and medical research centers which cultivate or culture marijuana, opium poppy and

    other dangerous drugs for medical experiments and research purposes and for creation of other medicine

    Section 18:Unnecessary Prescription of Dangerous Drugs

    Penalty: 12yrs and 1day-2oyrs

    100,000-500,000

    ARTICLE III

    Dangerous Drug Tests and Record Requirements

    Section 36:Authorized Drug Testing

    Authorized drug testing shall be done by any government forensic laboratories or by any drug testing

    laboratories accredited and monitored by DOH.

    ARTICLE IV

    Participation of the Family, Students, Teachers, and School Authorities in this Act

    Section 41: Involvement of the Family

    Section42: Student Councils and Campus Organizations

    Section 43: School Curricula

    Section 44: Heads, Supervisors, and teachers of Schools

    Section 45: Publication and Distribution of Materials on Dangerous Drug

    ARTICLE V

    Promotion of National Drug-Free Workplace Program with the Participation of Private and Labor Sectors and

    DOLE

    Section 47: Drug-free Workplace

    Section 48: Guidelines for the National Drug-Free Workplace Program

    ARTICLE VI

    Participation of the Private and Labor Sectors in the Enforcement of this Act

    Section 49: Labor Organizations and the private Sector

    Section 50: Government Assistance

    ARTICLE VII

    Participation of local Government Units

    Section 51: Local Government Units Assistance

    Section 52: Abatement of Drug Related Public Nuisances

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