Legal Basis for Reclassification
- The reclassification is pursuant to Section 93, Article XI of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), which empowers the Dangerous Drugs Board to reclassify substances.
- Ephedrine and Pseudoephedrine were originally classified as dangerous drugs under Board Regulation No. 4, s. 2005.
International and Domestic Context
- Ephedrine and Pseudoephedrine are precursors listed under Table I of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- The inclusion of halogenated and alkylated derivatives responds to emerging drug manufacturing methods.
Enforcement and Justification
- Significant seizure of chloroephedrine (a halogenated ephedrine) by the Philippine Drug Enforcement Agency (PDEA) in 2016 demonstrated the need to control all related forms.
- Illicit drug manufacturers have been synthesizing various forms for methamphetamine production, necessitating proactive regulation by the PDEA.
Regulatory Control and Compliance
- The reclassified substances are subject to all regulatory controls under RA 9165 and its implementing rules, including licensing, monitoring, and penalties.
Effectivity and Publication
- This Board Regulation took effect 15 days after publication in two newspapers of general circulation and registration with the Office of the National Administrative Register (ONAR).
Authority and Approval
- The regulation was approved and adopted by the Dangerous Drugs Board on January 24, 2018, and attested by the Secretary of the Board.