QuestionsQuestions (Republic Act No. 6425)
It is titled “The Dangerous Drugs Act of 1972.” (Sec. 1)
It means introducing a dangerous drug into the body of a person, with or without the person’s knowledge, by injection, ingestion, or other means, or committing any indispensable assistance to a person in administering a dangerous drug to himself. (Sec. 2[a])
A “prohibited drug” includes opium and its derivatives (e.g., heroin, morphine), coca leaf/cocaine, eucaine, hallucinogens (e.g., LSD), Indian hemp/marijuana, all preparations made from them, and other narcotic-effect drugs. A “regulated drug” includes self-inducing sedatives (barbiturates), amphetamine-type drugs, and hypnotics (e.g., methaqualone) and similar physiological-action drugs. (Sec. 2[a])
It is the act of knowingly planting, growing, raising, or permitting the planting, growing, or raising of any plant that is a source of a prohibited drug. (Sec. 2[a])
Imprisonment from fourteen years and one day to life imprisonment and a fine from ₱14,000 to ₱30,000. (Sec. 3[a])
The section covers sale, administration, delivery, giving away to another, distribution, dispatch in transit, transportation, and acting as a broker in those transactions, unless authorized by law. (Sec. 4[a])
When the prohibited drug involved is the proximate cause of the death of a victim, the penalty becomes life imprisonment to death and a fine from ₱20,000 to ₱30,000. (Sec. 4[a])
For prohibited drugs: imprisonment from six years and one day to twelve years and a fine from ₱6,000 to ₱12,000. For Indian hemp: imprisonment from six months and one day to six years and a fine from ₱600 to ₱6,000. (Sec. 8[a])
Possession/control of opium pipes, equipment, instruments, apparatus, or other paraphernalia fit or intended for smoking/consuming/administering/injecting/ingesting/using opium or any prohibited drug is punishable. The presence of such paraphernalia is prima facie evidence the possessor used the prohibited drug. (Sec. 13[a])
For practitioners, the additional penalty is revocation of the practitioner’s license to practice his profession. (Sec. 4[a])
Maintaining a den/dive/resort where prohibited drugs are used in any form is punishable. The maximum penalty applies when a prohibited drug is administered, delivered, or sold to a minor allowed to use it in such place. (Sec. 5[a])
Life imprisonment to death and a fine from ₱20,000 to ₱30,000. (Sec. 7[a])
Every penalty under specified offenses carries confiscation and forfeiture of proceeds and instruments/tools in favor of the Government, unless owned by a third person not liable. Confiscated dangerous drugs and plant sources are turned over to the Board for safe keeping and disposal; those not of lawful commerce are destroyed. (Sec. 20[a])
Attempt and conspiracy are punished with the same penalty as the offense for: importation of dangerous drugs; sale/administration/delivery/distribution/transportation; maintenance of a den/dive/resort for prohibited drug users; manufacture of dangerous drugs; and cultivation/culture of plants which are sources of prohibited drugs. (Sec. 21[a])
In addition to the penalties, an alien convicted under Articles II and III is deported immediately after service of sentence, without further proceedings. (Sec. 22[a])
If the drug dependent voluntarily submits to confinement in a center and complies with conditions prescribed by the Board, he shall not be criminally liable for violations of Section 8, Article II and Section 16, Article III. (Sec. 30[a])
If a person charged with an offense is found by the fiscal or by the court, at any stage, to be a drug dependent, the fiscal or court suspends all further proceedings and transmits copies of the record to the Board. (Sec. 31[a])
It has exclusive original jurisdiction over all cases involving offenses punishable under the Act. The section also provides tight timelines for resolving preliminary investigation, filing information, and rendering decisions. (Sec. 39[a])