Comprehensive Dangerous Drugs Act of 2002

Key definitions and controlled substances

Section 3(a) defines “Administer” as introducing any dangerous drug into the body of any person (with or without knowledge) by injection, inhalation, ingestion, or other means, or any indispensable assistance to administer by a person to himself/herself unless administered by a duly licensed practitioner for purposes of medication.
Section 3(a) defines “Board” as the Dangerous Drugs Board under Section 77, Article IX of this Act.
Section 3(a) defines “Chemical Diversion” as sale, distribution, supply, or transport of legitimately imported, in-transit, manufactured, or procured controlled precursors and essential chemicals to any person/entity engaged in manufacturing dangerous drugs, including fraud, document destruction, fraudulent permits, misdeclaration, front companies, or mail fraud, and related packaging/repackaging/labeling/concealment.
Section 3(a) defines “Controlled Precursors and Essential Chemicals” as those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex.
Section 3(a) defines “Dangerous Drugs” as those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the Schedules annexed to the 1971 Single Convention on Psychotropic Substances, as enumerated in the attached annex.
Section 3(a) defines “PDEA” as the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act.
Section 3(a) defines “Drug Syndicate” as any organized group of two (2) or more persons forming or joining with the intention of committing any offense prescribed under the Act.
Section 3(a) defines “Financier”, “Protector/Coddler”, “Pusher”, and other operational roles used to trigger maximum penalties and expanded criminal liability.
Section 3(a) establishes drug-use and handling definitions:
- “Drug Dependence” uses the World Health Organization definition of a cluster of physiological, behavioral, and cognitive phenomena with high priority of psychoactive drug use.
- “Use” includes injecting, consuming, chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing dangerous drugs into the body.
- “Planting of Evidence” is willful malicious insertion/placing/adding/attaching of dangerous drugs in the person, house, effects, or immediate vicinity of an innocent individual to implicate/incriminate/impute violation of the Act.
Section 3(a) defines named controlled drugs and related plant categories, including:
- “Cannabis” (marijuana/Indian hemp and all forms of Cannabis sativa L. including hashish, bhang, guaza, churrus, ganjab, and all parts/portions/seeds and geographic varieties),
- “MDMA” (ecstasy),
- “Methamphetamine Hydrochloride” (shabu/ice/meth),
- “Opium” and “Opium Poppy”.

Unlawful acts: importation and related roles

Section 4 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 on any person who, unless authorized by law, imports or brings into the Philippines any dangerous drug, regardless of quantity and purity, including any species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative, and culinary purposes.
Section 4 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who, unless authorized by law, imports any controlled precursor and essential chemical.
Section 4 requires imposition of the maximum penalty for importation where the dangerous drug and/or controlled precursor and essential chemical is brought in through use of a diplomatic passport, diplomatic facilities, or any other means involving official status intended to facilitate unlawful entry.
Section 4 mandates confiscation and cancellation of the diplomatic passport in cases involving diplomatic passport/diplomatic facilities use.
Section 4 requires imposition of the maximum penalty on any person who organizes, manages, or acts as a “financier” of the illegal activities under this Section.
Section 4 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who acts as a “protector/coddler” of a violator under this Section.

Unlawful acts: sale, trading, and delivery

Section 5 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 on any person who, unless authorized by law, sells, trades, administers, dispenses, delivers, gives away, distributes, dispatches in transit, or transports any dangerous drug (including any species of opium poppy), or acts as a broker in such transactions.
Section 5 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who, unless authorized by law, performs the same prohibited acts as to controlled precursors and essential chemicals, or acts as a broker in such transactions.
Section 5 requires imposition of the maximum penalty in every case when the sale/trading/administering/dispensing/delivery/distribution/transportation occurs within one hundred (100) meters from a school.
Section 5 requires imposition of the maximum penalty in every case for drug pushers who use minors or mentally incapacitated individuals as runners, couriers, messengers, or in any other capacity directly connected to the trade.
Section 5 requires imposition of the maximum penalty in every case when the victim is a minor or a mentally incapacitated individual, or when a dangerous drug or controlled precursor and essential chemical is the proximate cause of death of a victim.
Section 5 requires imposition of the maximum penalty on any financier of illegal activities under this Section.
Section 5 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who acts as a protector/coddler under this Section.

Unlawful acts: dens, visitors, and employees

Section 6 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 on any person or group who maintains a den, dive or resort where any dangerous drug is used or sold in any form.
Section 6 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person or group who maintains a den, dive, or resort where any controlled precursor and essential chemical is used or sold in any form.
Section 6 requires imposition of the maximum penalty in every case when any dangerous drug is administered, delivered, or sold to a minor allowed to use the same in such place.
Section 6 mandates that if any dangerous drug is the proximate cause of the death of a person using it in such den/dive/resort, the penalty is death and a fine ranging from P1,000,000.00 to P15,000,000.00 on the maintainer, owner, and/or operator.
Section 6 requires confiscation and escheat of the den/dive/resort owned by a third person in favor of the government, subject to criminal complaint allegation of intentional use in furtherance of the crime, prosecution proof of intent, and inclusion of the owner as an accused.
Section 6 requires imposition of the maximum penalty on any person who organizes, manages, or acts as a financier of illegal activities under this Section.
Section 6 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who acts as a protector/coddler under this Section.
Section 7 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on:
- any employee of a den/dive/resort who is aware of the nature of the place as such; and
- any visitor who is aware of the nature of the place and knowingly visits it.

Unlawful acts: manufacture, chemical diversion, equipment

Section 8 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 on any person who, unless authorized by law, engages in the manufacture of any dangerous drug.
Section 8 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who, unless authorized by law, manufactures any controlled precursor and essential chemical.
Section 8 establishes that the presence of controlled precursors and essential chemicals or laboratory equipment in a clandestine laboratory is prima facie proof of manufacture of any dangerous drug.
Section 8 treats specified circumstances as aggravating if any phase of manufacturing is done with minors’ presence/help, within one hundred (100) meters of residential/business/church/school premises, secured with booby traps, concealed with legitimate business operations, or involves a practitioner, chemical engineer, public official, or foreigner.
Section 8 requires imposition of the maximum penalty on any person who organizes, manages, or acts as a financier of illegal activities under this Section.
Section 8 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who acts as a protector/coddler under this Section.
Section 9 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who, unless authorized by law, illegally diverts controlled precursors and essential chemicals.
Section 10 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and a fine from P100,000.00 to P500,000.00 on any person who delivers, possesses with intent to deliver, or manufactures with intent to deliver equipment/instrument/apparatus/paraphernalia for dangerous drugs, knowing or under circumstances where one reasonably should know it will be used to plant/propagate/cultivate/grow/harvest/manufacture/compound/convert/produce/process/prepare/test/analyze/pack/repack/store/contain/conceal dangerous drugs or controlled precursors and essential chemicals in violation of the Act.
Section 10 imposes imprisonment from six (6) months and one (1) day to four (4) years and a fine from P10,000.00 to P50,000.00 if the paraphernalia will be used to inject, ingest, inhale, or otherwise introduce dangerous drugs into the human body in violation of the Act.
Section 10 requires imposition of the maximum penalty if a minor or mentally incapacitated individual is used to deliver such equipment/instruments/apparatus/paraphernalia.

Unlawful acts: possession, parties, and use

Section 11 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 for possession of dangerous drugs in specified quantity thresholds (regardless of purity), including:
- 10 grams or more of opium, 10 grams or more of morphine, 10 grams or more of heroin, 10 grams or more of cocaine or cocaine hydrochloride,
- 50 grams or more of methamphetamine hydrochloride or “shabu”,
- 10 grams or more of marijuana resin or marijuana resin oil,
- 500 grams or more of marijuana,
- 10 grams or more of other dangerous drugs (including MDMA/ecstasy, PMA, TMA, LSD, GHB, and similarly designed or newly introduced drugs and their derivatives), without therapeutic value or far beyond therapeutic requirements as determined and promulgated by the Board under Section 93, Article XI.
Section 11 provides graduated penalties when quantities are below the threshold amounts, including:
- Life imprisonment and fine P400,000.00 to P500,000.00 if shabu is 10 grams or more but less than 50 grams,
- Imprisonment from twenty (20) years and one (1) day to life imprisonment and fine P400,000.00 to P500,000.00 for specified ranges for other drugs (and marijuana 300 grams or more but less than 500 grams) with the same “without therapeutic value or far beyond therapeutic requirements” standards,
- Imprisonment from twelve (12) years and one (1) day to twenty (20) years and fine P300,000.00 to P400,000.00 for possession amounts below the listed higher tiers, including marijuana less than 300 grams.
Section 12 imposes imprisonment from six (6) months and one (1) day to four (4) years and a fine from P10,000.00 to P50,000.00 on any person who, unless authorized by law, possesses or controls equipment/instrument/apparatus/paraphernalia intended for smoking/consuming/administering/injecting/ingesting/introducing dangerous drugs into the body.
Section 12 directs that for medical practitioners and other professionals required to carry such paraphernalia in the course of professional practice, the Board prescribes implementing guidelines.
Section 12 establishes prima facie evidence that the possessor smoked/consumed/administered to himself/herself/injected/ingested/used a dangerous drug and creates a presumption of violation of Section 15.
Section 13 mandates that any person found possessing any dangerous drug during a party, at a social gathering/meeting, or in proximate company of at least two (2) persons suffers the maximum penalties under Section 11, regardless of quantity and purity.
Section 14 mandates the maximum penalty under Section 12 when a person possesses paraphernalia intended for dangerous drug use during parties/social gatherings/meetings or in proximate company of at least two (2) persons.
Section 15 provides that if an arrested person is positive for drug use after a confirmatory test, the penalty for the first offense is a minimum of six (6) months rehabilitation in a government center, subject to Article VIII.
Section 15 imposes imprisonment from six (6) years and one (1) day to twelve (12) years and fine from P50,000.00 to P200,000.00 for a second time use apprehension.
Section 15 makes the use penalty inapplicable where the person is also found to possess quantities under Section 11, in which case Section 11 applies.

Cultivation, records, and prescription offenses

Section 16 imposes life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 on any person who plants, cultivates, or cultures marijuana, opium poppy, or any other plant which is or may be classified as a dangerous drug or a source for dangerous drugs, regardless of quantity.
Section 16 provides a medical laboratories/research centers exception where the Board prescribes implementing guidelines for proper cultivation/culture/handling/experimentation/disposal for medical experiments, research purposes, and creation of new medicines.
Section 16 mandates confiscation and escheat of the land/portions/greenhouses where such plants are cultivated/cultured in favor of the State unless the owner proves lack of knowledge despite due diligence.
Section 16 requires imposition of the maximum penalty if the land is part of the public domain.
Section 16 requires imposition of the maximum penalty on any financier under this Section.
Section 16 imposes imprisonment from twelve (12) years and one (1) day to twenty (20) years and fine from P100,000.00 to P500,000.00 on any person who acts as a protector/coddler under this Section.
Section 17 imposes imprisonment from one (1) year and one (1) day to six (6) years and fine from P10,000.00 to P50,000.00 on a practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer who violates or fails to maintain and keep original records of transactions on dangerous drugs or controlled precursors and essential chemicals in accordance with Section 40.
Section 17 mandates additional penalty: revocation of the practitioner’s profession license, or revocation of business in case of manufacturer/seller/importer/distributor/dealer/retailer.
Section 18 penalizes unnecessary prescription: imprisonment from twelve (12) years and one (1) day to twenty (20) years and fine from P100,000.00 to P500,000.00, plus revocation of the practitioner’s license, when a practitioner prescribes a dangerous drug to a person whose physical/physiological condition does not require it or the dosage is not required as determined by the Board in consultation with recognized competent experts and authorized representatives of professional organizations of practitioners, particularly those involved in care of persons with severe pain.
Section 19 makes unlawful prescription: life imprisonment to death and a fine from P500,000.00 to P10,000,000.00 for any person who, unless authorized by law, makes or issues a prescription or writing purporting to be a prescription for any dangerous drug.

Seizure, custody, forfeiture, and destruction procedure

Section 20 attaches confiscation and forfeiture to every penalty for unlawful importation, sale/trading/administration/dispensation/delivery/distribution/transportation/manufacture of dangerous drugs or controlled precursors/essential chemicals; cultivation/culture of source plants; and possession of dangerous-drug equipment/instruments/apparatus/paraphernalia including other laboratory equipment.
Section 20 mandates forfeiture of all proceeds and properties derived from the unlawful act, including money and other assets obtained thereby, and the instruments/tools used in committing the unlawful act, unless the property is owned by a third person not liable for the unlawful act and the property is not of lawful commerce (which must be destroyed without delay under Section 21).
Section 20 requires that after conviction in the Regional Trial Court in the appropriate criminal case, the court immediately schedules a hearing for confiscation/forfeiture of all proceeds and all accused assets/properties owned or held by the accused or held in others’ names if manifestly out of proportion to lawful income.
Section 20 requires auction of a forfeited vehicle not later than five (5) days upon order of confiscation or forfeiture.
Section 20 bars during Regional Trial Court pendency the disposition/alienation/transfer of any property or income derived therefrom that may be confiscated/forfeited, places such property in custodia legis, and provides that no bond is admitted for release.
Section 20 directs that proceeds from sale/disposition are used to pay proper expenses for confiscation/forfeiture/custody/maintenance pending disposition, plus publication expenses and court costs, with excess accruing to the Board for its illegal-drugs campaign.
Section 21 assigns PDEA custody of dangerous drugs, plant sources, controlled precursors and essential chemicals, and instruments/paraphernalia/laboratory equipment that are confiscated, seized, or surrendered for proper disposition.
Section 21 requires immediate physical inventory and photography after seizure and confiscation, in the presence of the accused or the person/s from whom items were seized (or representative/counsel), a media representative, the DOJ, and any elected public official who must sign the inventory copies and be given a copy.
Section 21 requires submission to the PDEA Forensic Laboratory within twenty-four (24) hours for qualitative and quantitative examination.
Section 21 requires issuance of a forensic laboratory examination certification within twenty-four (24) hours after receipt; allows provisional partial examination reports when volume prevents completion within the time frame, and requires a final certification within the next twenty-four (24) hours.
Section 21 requires, after filing the criminal case, the court within seventy-two (72) hours to conduct an ocular inspection, and through PDEA within twenty-four (24) hours thereafter to proceed with destruction/burning in presence of the accused (or representative/counsel), media, DOJ, civil society groups, and any elected public official.
Section 21 directs the Board to draw destruction/disposition guidelines borne by the offender, and provides that items of lawful commerce as determined by the Board shall be donated/used/recycled for legitimate purposes.
Section 21 requires retention of a representative sample: the Board must weigh and record a representative sample, keep representative samples to a minimum quantity as determined by the Board, and issue a sworn certification as to destruction/burning, submitting it together with the representative sample(s) to the court.
Section 21 provides that the alleged offender’s presence does not constitute an admission of guilt and creates a contingency where if the offender/accused refuses or fails to appoint a representative after due notice within seventy-two (72) hours before burning/destruction, the Secretary of Justice appoints a member of the Public Attorney’s Office to represent the former.
Section 21 requires that after promulgation and judgment where representative sample(s) were presented in court, the trial prosecutor informs the Board and requests leave to turn over representative sample(s) to PDEA for disposition and destruction within twenty-four (24) hours from receipt.
Section 21 contains transitory directives:
- Within twenty-four (24) hours from effectivity, dangerous drugs defined herein then possessed by law enforcement agencies must be burned/destroyed with leave of court in presence of representatives of the Court, DOJ, Department of Health (DOH), and the accused and/or counsel.
- Pending organization of PDEA, custody/disposition/burning/destruction of seized/surrendered dangerous drugs under this Section is implemented by DOH.

Prohibited procedures and special criminal rules

Section 23 prohibits plea bargaining for any person charged under any provision of this Act, regardless of imposable penalty.
Section 24 prohibits probation privilege and waiver under Probation Law or Presidential Decree No. 968, as amended for persons convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the court.
Section 25 makes positive finding for use of dangerous drugs a qualifying aggravating circumstance in commission of a crime by an offender, and the penalty in the Revised Penal Code applies.
Section 26 provides that attempts or conspiracies to commit enumerated unlawful acts are penalized by the same penalty as prescribed for the commission:
- importation of dangerous drugs and/or controlled precursors/essential chemicals;
- sale/trading/administration/dispensation/delivery/distribution/transportation of dangerous drugs and/or controlled precursors/essential chemicals;
- maintenance of a den/dive/resort where dangerous drugs are used in any form;
- manufacture of dangerous drugs and/or controlled precursors/essential chemicals;
- cultivation/culture of plants which are sources of dangerous drugs.
Section 29 imposes death for criminal liability for “planting of evidence” of any dangerous drug/controlled precursor/essential chemical regardless of quantity and purity.

Money, rewards, immunity, and accessories

Section 22 requires the Board to recommend to concerned government agencies the grant of compensation/reward/award to informants and participating law enforcers whose operation results in successful confiscation, seizure, or surrender of dangerous drugs, plant sources, and controlled precursors/essential chemicals.
Section 33 grants immunity from prosecution or punishment to a person who violated Sections 7, 11, 12, 14, 15, and 19, Article II, and who voluntarily gives information about violations of **Sections 4, 5, 6,