Question & AnswerQ&A (Act No. 1461)
Opium includes every kind, class, and character of opium, whether crude, prepared, or refuse; all narcotic preparations thereof; all morphine or alkaloids of opium and preparations containing these; and all opium leaves and wrappers, whether prepared for use or not.
Chinese persons who habitually smoke, chew, swallow, inject, or are otherwise addicted to opium or its narcotic principles, upon presenting a written and sworn application and paying five pesos, can be registered as confirmed users of opium.
A person making or using false or counterfeit certificates, or possessing altered official documents, can be fined up to five thousand pesos, imprisoned up to two years, or both at the court's discretion.
It is unlawful to consume opium unless prescribed by a duly licensed practicing physician or the person is duly registered as a confirmed user with the required certificate. Registered users may only consume opium in their own residence.
Violators who consume opium unlawfully may be fined up to two hundred pesos, imprisoned for up to six months, or both.
Only duly licensed physicians, pharmacists, second-class pharmacists, wholesale or retail dealers duly licensed, or confirmed users presenting their certificates may legally sell, transfer, give, or deliver opium.
The physician's medical license shall be revoked after due notice and hearing, and the physician may be fined between two hundred fifty to one thousand pesos, or imprisoned six months to one year, or both.
Wholesale dealers import, prepare, modify, or sell opium in quantities of one kilo or more, or sell for resale. Retail dealers sell or traffic opium in smaller quantities without wholesale dealer or pharmacist license.
They must keep a detailed book in English or Spanish recording all opium quantities received, sold, transferred, purchaser details, transfer permits, and other Collector of Internal Revenue prescribed information.
The dealer must pay double the value of the deficiency or excess as a penalty, and all opium and related property on the premises may be seized, forfeited, and sold.
No, possession is unlawful except for registered confirmed users, licensed medical personnel, or holders of a permit from the Collector of Internal Revenue.
Dealers must display a conspicuous sign with their name or firm and their status as licensed wholesale or retail dealer in opium.
Registration tax, annual license tax for wholesale and retail dealers, and internal-revenue tax on imported and prepared opium are imposed with specific rates detailed in the Act.
The Collector issues licenses, collects taxes, prepares regulations, inspects dealers' premises and books, approves storage places, and may cancel licenses for violations.
They face fines up to one thousand pesos, imprisonment for up to one year, or both, and confiscation of all opium in their possession.
Notice of seizure is published weekly for three weeks; claimants must file claims within 20 days with a bond; property may be forfeited and sold if no claim or bond is filed.
Funds are dedicated to public education on opium evils, treating opium addiction, education of Filipino students, paying Filipino teachers' salaries, and building schoolhouses, with 25% of fines paid to informants.
The Act took effect on April 1, 1906, and importation or use for non-medicinal purposes is restricted until March 1, 1908, after which it is forbidden except by the government for medicinal purposes.