DANGEROUS DRUGS ACT 9165 Recreational Drugs

This Act shall be known and cited as the • Any substance with pharmacologic effects that is
“Comprehensive Dangerous Drugs Act of 2002.” taken voluntarily for personal pleasure or
satisfaction rather than for medicinal purposes
Approved on June 7, 2002.

What is the Purpose of RA 9165?

Drugs
RA 9165 was enacted on June 7, 2002, as part of the
• A substance used in the diagnosis, treatment, or campaign against the trafficking and the use of dangerous
prevention of a disease or as a component of drugs which aims to safeguard the well-being of the
medication people, particularly the youth, from the harmful effects of
• Any substance that prevents or cures diseases, dangerous drugs.
enhance physical or mental welfare
• Any chemical agent that alters the biochemical or
physiological processes of tissue or organisms How does the state pursue its anti-drug policy through
RA 9165?
Legal Drugs
The state pursues its anti drug policy through RA 9165
• Prescribed and OTC drugs by:
Illegal/Dangerous Drugs • Apprehending persons involved in the trafficking
• Psychoactive substances and use of dangerous drugs and imposing the
appropriate penalties as provided for in the Act;
Psychoactive substances • Achieving a balance in the national drug control
program so that people with legitimate medical
• Substances that modify a person's perception,
needs are not prevented from being treated with
mood, cognition, behavior or motor function
adequate amounts of appropriate medications that
Substance Abuse include the use of dangerous drugs; and
• Providing sustainable program of treatment and
• The harmful use of psychoactive substances, rehabilitation to those who have fallen victims to
including alcohol and other drugs (AOD) drug abuse or dangerous drug dependence.

UNLAWFUL ACTS PENALTIES

SECTION 4. IMPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND

ESSENTIAL CHEMICALS

Importation of dangerous drugs Life imprisonment to death and a fine of 500,000 to

10,000,000

Importation of controlled precursors and essential 12 to 20 years of imprisonment and a fine of 100,000 to
chemicals 500,000

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Importation/bringing to the Philippines any dangerous Maximum penalty
drugs/controlled precursor and essential chemical through
the use of diplomatic passport/facilities
Financer of the importation of dangerous drugs/controlled Maximum penalty
precursors and essential chemicals
Protector or coddler 12 to 20 years of imprisonment and a fine of 100,000 to
500,000

SECTION 5. SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY, DISTRIBUTION AND

TRANSPORTATION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS

Sale, trading, administration, dispensation, delivery, Life imprisonment to death and a fine of 500,000 to
distribution and transportation of dangerous drugs 10,000,000
Sale, trading, administration, dispensation, delivery, 12 to 20 years of imprisonment and a fine of 100,000 to
distribution and transportation of controlled precursor and 500,000
essential chemicals
Sale, trading, administration, dispensation, delivery, Maximum penalty
distribution and transportation of dangerous
drugs/controlled precursor and essential chemicals within
100 meters from the school
For drug pushers who use minors or mentally incapacitated Maximum penalty
individuals as runners, couriers or messengers to sell
dangerous drugs/controlled precursor and essential
chemicals
If the victim of the offense is a minor or mentally Maximum penalty
incapacitated individual or if it causes the death of the
victim
Financer of the sale, trading, administration, dispensation, Maximum penalty
delivery, distribution and transportation of dangerous
drugs/controlled precursor and essential chemicals
Protector or coddler 12 to 20 years of imprisonment and a fine of 100,000 to
500,000

SECTION 6. MAINTENANCE OF A DEN, DIVE OR RESORT

Maintenance of a den, dive or resort of dangerous drugs Life imprisonment to death and a fine of 500,000 to
10,000,000
Maintenance of a den, dive or resort of controlled precursor 12 to 20 years of imprisonment and a fine of 100,000 to
and essential chemicals 500,000
Administration/delivery/selling of dangerous drugs to a Maximum penalty
minor in a den, dive or resort
If the dangerous drugs be the cause of the death of a person Death and fine of 1,000,000 to 15,000,000 to the maintainer,
in such den, dive or resort owner and/or operator
Financer of any illegal activities in such place Maximum penalty

Protector or coddler 12 to 20 years of imprisonment and a fine of 100,000 to

500,000

SECTION 7. EMPLOYEES AND VISITORS OF A DEN, DIVE OR RESORT

Employee/ visitor who is aware of the activities in den, dive 12 to 20 years of imprisonment and a fine of 100,000 to
or resort 500,000

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SECTION 8. MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS

Manufacture of dangerous drugs Life imprisonment to death and a fine of 500,000 to

10,000,000
Manufacture of controlled precursors and essential 12 to 20 years of imprisonment and a fine of 100,000 to
chemicals 500,000
Financer Maximum penalty

Protector or coddler 12 to 20 years of imprisonment and a fine of 100,000 to

500,000

SECTION 9. ILLEGAL CHEMICAL DIVERSION OF CONTROLLED PRECURSORS AND ESSENTIAL

CHEMICALS

Illegal chemical diversion of controlled precursors and 12 to 20 years of imprisonment and a fine of 100,000 to
essential chemicals 500,000

SECTION 10. MANUFACTURE OR DELIVERY OF EQUIPMENT, INSTRUMENT, APPARATUS, AND

OTHER PARAPHERNALIA FOR DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS

Manufacture or delivery of equipment, instrument, 12 to 20 years of imprisonment and a fine of 100,000 to

apparatus, and other paraphernalia for dangerous 500,000
drugs/controlled precursors and essential chemicals
If the paraphernalia will be used to inject, ingest, inhale or 6 months to 4 years and a fine of 10,000 to 50,000
introduce to human body a dangerous drug
Using of a minor or mentally incapacitated individual to Maximum penalty
deliver the equipment, instrument or apparatus and other
paraphernalia for dangerous drugs

SECTION 11. POSSESSION OF DANGEROUS DRUGS

Possession of: Life imprisonment to death and a fine of 500,000 to

(1) 10 grams or more of opium; 10,000,000
(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,
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

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If the quantity is less than the aforementioned quantities:
a) Possession of ≥10 g but ≤ 50 g of shabu a) Life imprisonment and fine of 400,000 to 500,000
b) Possession of ≥5 g but ≤10 g of opium, morphine, b) 20 years to life imprisonment and a fine of 400,000
heroin, cocaine, marijuana resin/resin oil, shabu, to 500,000
ecstasy, PMA, TMA, LSD, GHB, ≥300 g but ≤500 c) 12 to 20 years of imprisonment and a fine of
g marijuana 300,000 to 400,000
c) <5 g of opium, morphine, heroin, cocaine,
marijuana resin/resin oil, shabu, ecstasy, PMA,
TMA, LSD, GHB or <300 g marijuana

SECTION 12. POSSESSION OF EQUIPMENT, INSTRUMENT, APPARATUS AND OTHER

PARAPHERNALIA FOR DANGEROUS DRUGS

Possession of equipment, instrument, apparatus, and other 6 months to 4 years of imprisonment and a fine of 10,000 to
paraphernalia for dangerous drugs 50,000

SECTION 13. POSSESSION OF DANGEROUS DRUGS DURING PARTIES, SOCIAL GATHERINGS OR

MEETINGS

Possession of dangerous drugs during parties, social Maximum penalty provided for in section 11 which is life
gatherings or meetings imprisonment to death and a fine of 500,000 to 10,000,000
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

Possession of equipment, instrument, apparatus, and other Maximum penalty provided for in section 12 which is
paraphernalia for dangerous drugs during parties, social imprisonment of 4 years and fine of 50,000
gathering or meetings

SECTION 15. USE OF DANGEROUS DRUGS

Person apprehended or arrested who is found to be positive 1st offense:

for use of any dangerous drug, after a confirmatory test ≥6 months rehabilitation

2nd offense:
6 to 12 years of imprisonment and a fine of 50,000 to
200,000

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 mentioned in Section 11, in which case
the provisions stated therein shall apply.

SECTION 16. CULTIVATION OR CULTURE OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR ARE

SOURCES THEREOF

Cultivation or culture of plants classified as dangerous Life imprisonment to death and a fine of 500,000 to
drugs 10,000,000

The land or portions thereof and/or greenhouses on which

any of said plants is cultivated or cultured shall be
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 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.
Financer Maximum penalty

Protector or coddler 12 to 20 years of imprisonment and a fine of 100,000 to

500,000

SECTION 17. MAINTENANCE AND KEEPING OF ORIGINAL RECORDS OF TRANSACTIONS ON

DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS

Practitioner/manufacturer, wholesaler, importer, 1 to 6 years of imprisonment and a fine of 10,000 to 50,000

distributor, dealer or retailer who violates/fails to comply and revocation of license to practice his/her profession, in
with keeping and maintenance of the original records of case of a practitioner, or of the business, in case of a
transaction on any dangerous drugs/controlled precursors manufacturer, seller, importer, distributor, dealer or retailer
and essential chemicals

SECTION 18. UNNECESSARY PRESCRIPTION OF DANGEROUS DRUGS

Practitioner who shall prescribe any dangerous drugs to a 12 to 20 years of imprisonment and a fine of 100,000 to
person whose physical or physiological condition does not 500,000 and revocation of license to practice
require the use or in the dosage of the dangerous drugs

SECTION 19. UNLAWFUL PRESCRIPTION OF DANGEROUS DRUGS

Any person who, unless authorized by law, shall make or Life imprisonment to death and a fine of 500,000 to
issue a prescription for any dangerous drugs 10,000,000

What is the difference between Section 18 and Section 19?

Section 18 pertains to physicians who, authorized to prescribe dangerous drugs to people in need of such drugs,
prescribe it to someone who does not need it.

Section 19 pertains to any person even physicians who are not authorized by DOH to prescribe dangerous drugs.

SECTION 37. ISSUANCE OF FALSE OR FRAUDULENT DRUG TEST RESULTS

Any person authorized even if licensed or accredited to 6 to 12 years imprisonment and a fine of 100,000 to 500,000
conduct drug examination or test, but issues false or and revocation of the license to practice his/her profession
fraudulent drug test results knowingly, willfully or through in case of a practitioner and the closure of the drug testing
gross negligence center

PENALTY PUNISHABLE ACTS

Life imprisonment to death and a fine of 500,000 to • Importation of dangerous drugs

10,000,000 • Sale, trading, administration, dispensation,
delivery, distribution and transportation of
dangerous drugs
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 • Maintenance of a den, dive or resort of dangerous
drugs
• Manufacture of dangerous drugs
• Possession of ≥10 g opium, cocaine, morphine,
marijuana, marijuana resin/resin oil, heroin, other
dangerous drugs, ≥50 g shabu and ≥500 g
marijuana
• Cultivation or culture of plants classified as
dangerous drugs
• Any person who, unless authorized by law, shall
make or issue a prescription for any dangerous
drugs
12 to 20 years of imprisonment and a fine of 100,000 to • Importation of controlled precursors and essential
500,000 chemicals
• Sale, trading, administration, dispensation,
delivery, distribution and transportation of
controlled precursors and essential chemicals
• Maintenance of a den, dive or resort of controlled
precursors and essential chemicals
• Employee/ visitor who is aware of the activities in
den, dive or resort
• Manufacture of controlled precursors and essential
chemicals
• Illegal chemical diversion of controlled precursors
and essential chemicals
• Manufacture or delivery of equipment, instrument,
apparatus, and other paraphernalia for dangerous
drugs/controlled precursors and essential
chemicals
• Practitioner who shall prescribe any dangerous
Revocation of license to practice
drugs to a person whose physical or physiological
condition does not require the use or in the dosage
of the dangerous drugs
Maximum penalty (death and a fine of 10,000,000) • Importation/bringing to the Philippines any
dangerous drugs/controlled precursor and essential
chemical through the use of diplomatic
passport/facilities
• Financer of the importation of dangerous
drugs/controlled precursors and essential
chemicals
• Sale, trading, administration, dispensation,
delivery, distribution and transportation of
dangerous drugs/controlled precursors and
essential chemicals within 100 meters from the
school
• For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers or
messengers to sell dangerous drugs/controlled
precursors and essential chemicals
• If the victim of the offense is a minor or mentally
incapacitated individual
• Financer of the sale, trading, administration,
dispensation, delivery, distribution and
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 transportation of dangerous drugs/controlled
precursors and essential chemicals
• Financer of the manufacture of dangerous
drugs/controlled precursors and essential
chemicals other paraphernalia for dangerous drugs
• Financer of the cultivation or culture of plants
classified as dangerous drugs
• Possession of dangerous drugs during parties,
social gatherings or meetings
Maximum penalty (20 years of imprisonment and a fine of • Using of a minor or mentally incapacitated
50,000) individual to deliver the equipment, instrument or
apparatus and other paraphernalia for dangerous
drugs
Maximum penalty (death and a fine of 15,000,000) • Administration/delivery/selling of dangerous
drugs to a minor in a den, dive or resort
• Financer of the den, dive or resort
Maximum penalty (4 years of imprisonment and a fine of Possession of equipment, instrument, apparatus, and other
50,000) paraphernalia for dangerous drugs during parties, social
gatherings or meetings
12 to 20 years of imprisonment and a fine of 100,000 to Protector/coddler of all the mentioned illegal activities
500,000
Death and a fine of 1,000,000 to 15,000,000 Penalty of the owner/operator/maintainer if the cause of
death of a person in the den, dive or resort is the use of
dangerous drugs
6 months to 4 years of imprisonment and a fine of 10,000 • If the paraphernalia will be used to inject, ingest,
to 50,000 inhale or introduce to human body a dangerous
drug
• Possession of equipment instrument, apparatus,
and other paraphernalia for dangerous drugs
Life imprisonment and a fine of 400,000 to 500,000 Possession of ≥10 g but ≤50 g of shabu
20 years to life imprisonment and a fine of 400,000 to Possession of ≥5 g but ≤10 g of opium, morphine, heroin,
500,000 cocaine, marijuana resin/resin oil, shabu, ecstasy, PMA,
TMA, LSD, GHB, ≥300 g but ≤500 marijuana
12 to 20 years of imprisonment and a fine of 300,000 to <5 g of opium, morphine, heroin, cocaine, marijuana
400,000 resin/resin oil, shabu, ecstasy, PMA, TMA, LSD, GHB or
<300 g marijuana
1st offense: Person positive for the use of dangerous drugs
≥6 months rehabilitation

2nd offense:
6 to 12 years of imprisonment and a fine of 50,000 to
200,000
1 to 6 years of imprisonment and a fine of 10,000 to 50,000 Practitioner/manufacturer, wholesaler, importer,
and revocation of license distributor, dealer or retailer who violates/fails to comply
with keeping and maintenance of the original records of
transaction on any dangerous drugs/controlled precursors
and essential chemicals
6 to 12 years of imprisonment and a fine of 100,000 to Issuance of false or fraudulent drug test results
500,000 and revocation of license

Under the Act, who are required to Undergo Drug Testing?

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 Persons Requirement for Drug Testing

1. Applicants for Driver's license Mandatory

2. Applicants for Firearm's license and permit to carry Mandatory
firearms outside residence
3. Students of secondary and tertiary schools Random, pursuant to the rules and school's student
handbook and with notice to the parents, expenses of which
will be borne by the government
4. Officers and employees of public and private Random, as contained in the company's work rules and
offices regulations, which will be borne by the employer
5. Officers and members of the military, police, and Mandatory and annually
other law enforcement agencies
6. All persons charged before the prosecutor's office Mandatory
with a criminal offense having an imposable
penalty of not < 6 years and 1 day
7. All candidates for public office whether appointed Mandatory
or elected both in the national or local government

SECTION 38. LABORATORY EXAMINATION OR TEST ON APPREHENDED/ARRESTED OFFENDERS.

A person apprehended or arrested for violating the provisions of this Act shall undergo:

• Screening test within 24 hours

• If screening test is positive, confirmatory test within 15 days conducted in any accredited analytical laboratory
equipment with a gas chromatography/mass spectrometry

SECTION 40. RECORDS REQUIRED FOR TRANSACTIONS ON DANGEROUS DRUG AND PRECURSORS
AND ESSENTIAL CHEMICALS.
Who shall keep the Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals?
1) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain
and keep an original record of sales, purchases, acquisitions and deliveries of dangerous drugs.

A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or the owner
of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within 15 days following
the last day of June and December of each year.

2) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the
prescription therefor in 1 original and 2 duplicate copies. The original, after the prescription has been filled, shall
be retained by the pharmacist for a period of 1 year from the date of sale or delivery of such drug. 1 copy shall be
retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second
copy shall be retained by the person issuing the prescription.

3) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs and/or controlled
precursors and essential chemicals shall keep a record of all inventories, sales, purchases, acquisitions and deliveries
of the same as well as the names, addresses and licenses of the persons from whom such items were purchased or
acquired or to whom such items were sold or delivered, the name and quantity of the same and the date of the
transactions.

Dangerous Drugs Board

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 • Policymaking and strategy formulating body in the planning and formulation of policies and programs on drug
prevention and control
• Shall be under the office of the president
• The president shall appoint the chairman of the Board
• Has 17 members
- 3 are permanent members
- 12 ex officio
- 2 regular members
• Permanent consultants:
Director of National Bureau of Investigation (NBI) and chief of Philippine National Police (PNP)
• Shall meet once a week

Philippine Drug Enforcement Agency

• Serves as the implementing arm of the board, and shall be responsible for the efficient and effective law enforcement
of all provisions on any dangerous drugs and/or controlled precursors and essential chemicals
• Director General shall be appointed by the president of the Philippines
• 2 deputies director general appointed by the president

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