Question & AnswerQ&A (DDB IMPLEMENTING RULES AND REGULATIONS OF Republic Act No. 9165, AUGUST 30, 2002)
The policy is to safeguard the integrity of its territory and the well-being of its citizenry, particularly the youth, from harmful effects of dangerous drugs, defend against acts detrimental to their development, pursue an intensive campaign against trafficking and use of dangerous drugs, balance drug control with legitimate medical needs, and provide mechanisms for reintegration through treatment and rehabilitation programs.
Accreditation is the formal authorization issued by the Department of Health (DOH) to individuals or entities to operate a laboratory and rehabilitation facility after compliance with set standards aimed at continuous improvement.
Illegal Trafficking includes 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.
The penalty ranges from life imprisonment to death and a fine of P500,000 to P10,000,000 for unauthorized importation of dangerous drugs regardless of quantity and purity. Lesser but still severe penalties apply for controlled precursors and essential chemicals.
Life imprisonment to death and a fine of P500,000 to P10,000,000 shall be imposed upon any person or group maintaining such places where dangerous drugs are used or sold.
Protectors/Coddlers are persons who knowingly and willfully consent to unlawful acts provided in the Act and use their influence to shield, harbor, screen, or facilitate the escape of violators to prevent their arrest, prosecution, or conviction.
Life imprisonment to death and fines of P500,000 to P10,000,000 shall be imposed for possession of dangerous drugs in quantities equal to or above defined thresholds, such as 10 grams or more for opium, morphine, heroin, cocaine, or 50 grams or more for methamphetamine hydrochloride (shabu).
Required drug testing includes applicants for driver's licenses, firearm licenses, students, employees in public and private offices, military and police personnel, persons charged with certain crimes, and candidates for public office. Tests must be conducted by authorized government or accredited laboratories using screening and confirmatory tests.
The DDB formulates national drug policies, issues rules, conducts research, develops educational programs, coordinates treatment and rehabilitation, manages funds, cooperates internationally, and supervises enforcement agencies like the PDEA.
The Supreme Court designates special Regional Trial Courts to exclusively try dangerous drug cases. Preliminary investigations must be completed within 30 days and trials finished within 60 days, with decisions rendered within 15 days after submission.
Persons who voluntarily give information leading to the conviction of drug offenders and testify against them may be exempt from prosecution or punishment provided certain conditions are met, such as necessity of information, corroboration, and no prior conviction for crimes involving moral turpitude.
Drug dependents can voluntarily submit for treatment and rehabilitation in accredited centers for not less than six months and up to one year, with after-care and follow-up programs. They may be exempt from criminal liability if they comply with conditions including successful rehabilitation and no prior convictions.
Officials who refuse or fail to testify without valid reason face imprisonment of 12 years and 1 day to 20 years and fines up to P500,000, plus administrative sanctions. Those causing delays or bungling prosecution may face imprisonment from 12 years and 1 day to 20 years.
Chemical diversion refers to the sale, distribution, supply, or transport of legitimately imported or manufactured controlled precursors and essential chemicals for illegal manufacture of dangerous drugs, including concealment or fraud in these transactions.
Instruction on drug abuse prevention shall be integrated in elementary, secondary, and tertiary curricula in all schools. This includes adverse effects, preventive measures, legal implications, and treatment options. School officials are empowered to enforce anti-drug provisions, and student organizations must include drug awareness programs.