Law Summary
Definitions
- Key terms defined include:
- "Administer": Introducing any dangerous drug into a person’s body by any means or facilitating self-administration.
- "Board": Dangerous Drugs Board created by the Act.
- "Centers": Treatment rehabilitation centers for drug dependents.
- "Cultivate or culture": Knowingly planting or permitting the growth of plants that are sources of prohibited drugs.
- "Dangerous drugs": Divided into "Prohibited drugs" (e.g., opium and derivatives, cocaine, LSD, Indian hemp/marijuana) and "Regulated drugs" (e.g., barbiturates, amphetamines, hypnotics).
- "Deliver": Knowingly passing a dangerous drug to another by any means.
- "Drug dependence": Psychic or physical dependence resulting from use.
- "Employee": Persons working in drug dens or resorts.
- "Indian hemp": Cannabis sativa L. plant and all derivatives.
- "Manufacture": Production or processing of dangerous drugs by extraction or chemical synthesis, excluding preparation by authorized practitioners.
- "Narcotic drug": Any habit-forming drug producing insensibility or stupor, including opium and derivatives.
- "Opium": Coagulated juice of opium poppy and related substances.
- "Pusher": Person selling or distributing dangerous drugs.
- "School": Any institution of learning.
- "Sell": Giving a dangerous drug for money or other consideration.
- "Use": Methods of introducing the drugs into the body.
Prohibited Acts Concerning Prohibited Drugs
- Importation (Sec.3): Unauthorized importation penalized with 14 years and 1 day to life imprisonment and fines of ₱14,000 to ₱30,000.
- Sale, administration, delivery, distribution, transportation (Sec.4): Penalties include 12 years and 1 day to 20 years imprisonment and fines. Revocation of practitioner license included. Maximum penalty for offenses involving minors or causing death (life imprisonment to death plus higher fines).
- Maintenance of den, dive or resort (Sec.5): Same penalties for anyone maintaining a place where prohibited drugs are used, higher penalties if minors involved or death occurs.
- Employees and visitors of drug dens (Sec.6): Imprisonment 2 years and 1 day to 6 years plus fines for employees or visitors.
- Manufacture (Sec.7): Life imprisonment to death and fines for unauthorized manufacture.
- Possession or use (Sec.8): Imprisonment from 6 years and 1 day to 12 years plus fines; specifically for Indian hemp, penalties lower (6 months and 1 day to 6 years imprisonment).
- Cultivation of plants (Sec.9): Penalties include 14 years and 1 day to life imprisonment and fines; land used for cultivation subject to confiscation unless owner proves ignorance.
- Record violations (Sec.10): Imprisonment 1 year and 1 day to 6 years and fines for practitioners or drug handlers failing in record-keeping; practitioners face license revocation.
- Unlawful prescription (Sec.11): 8 years and 1 day to 12 years imprisonment plus fines for unauthorized prescribers.
- Unnecessary prescription (Sec.12): 4 years and 1 day to 12 years imprisonment plus fines and license revocation for unnecessary prescriptions by physicians or dentists.
- Possession of opium pipe and paraphernalia (Sec.13): 6 months and 1 day to 4 years imprisonment plus fines; possession is prima facie evidence of drug use.
Prohibited Acts Concerning Regulated Drugs
- Importation (Sec.14): 6 years and 1 day to 12 years imprisonment plus fines for unauthorized importation.
- Sale, distribution, etc. (Sec.15): Same penalties as unauthorized importation; practitioners face maximum penalty plus license revocation.
- Possession or use (Sec.16): 6 months and 1 day to 4 years imprisonment plus fines without license or prescription.
- Record keeping violations (Sec.17): Same penalties as possession/use violations for failure to comply with record-keeping.
- Unlawful prescription (Sec.18): 4 years and 1 day to 8 years imprisonment plus fines for illegal prescribers.
- Unnecessary prescription (Sec.19): 6 months and 1 day to 4 years plus fines and license revocation for unnecessary prescriptions.
Common Application Provisions
- Confiscation and forfeiture (Sec.20): Confiscation of proceeds, instruments, and dangerous drugs used in crimes; destruction of drugs not of lawful commerce; property of innocent third parties exempted. Dangerous drugs turned over to Board for safekeeping and disposal.
- Attempt and conspiracy (Sec.21): Penalties equal to those for commission of offenses for attempt or conspiracy related to principal crimes.
- Additional penalties for aliens (Sec.22): Deportation after sentence service.
- Criminal liability for corporate officers, partners, managers (Sec.23): Liability for consenting or tolerating violations; penalty extended to those authorizing use of corporate vehicles or equipment in offenses.
- Enhanced penalties for government personnel (Sec.24): Maximum penalties imposed when government officials, employees, or law enforcement personnel commit offenses listed.
- Detailed record keeping requirements (Sec.25): Pharmacists and practitioners must maintain records of sales, purchases, prescriptions, specifying buyers, doctors, quantities, dates. Prescriptions securely issued on special forms from the Board; no refills allowed.
- Diplomatic passport offenses (Sec.26): Life imprisonment and fine plus cancellation/confiscation of passport for importation using diplomatic immunity.
- Social gathering provisions (Sec.27): Maximum penalties for possession or use of dangerous drugs in parties or groups of 5 or more.
Educational Measures
- Authority of school heads and teachers (Sec.28): They are empowered to apprehend offenders within school premises or functions and must report violations. Failure to report may lead to disciplinary action.
- Inclusion in school curricula (Sec.29): Education on effects, legal and social implications of dangerous drugs mandatory in all schools; Secretary of Education and Board to promulgate rules and distribute materials.
Treatment and Rehabilitation
- Voluntary submission for rehabilitation (Sec.30): Drug dependents who voluntarily undergo treatment are exempt from criminal liability related to possession and use. Procedure available for minors via petition and court order. Confidentiality of medical and judicial records ensured. Failure to comply after escape may revoke exemption.
- Compulsory submission after arrest (Sec.31): Drug-dependent accused may have proceedings suspended and be committed to treatment centers if public interest demands. Court monitors treatment progress. Sentence served after rehabilitation, with credit for prior detention.
- Suspension of sentence for first minor offenders (Sec.32): Courts may defer sentence and place minors under probation supervised by Board. Conditions apply; violations lead to conviction and sentence. Rehabilitation may result in discharge; records expunged. Special provisions for minors under 16 years.
- Confidentiality of records (Sec.33): Penalties for unauthorized disclosure of confidential medical or legal records concerning drug dependents.
Treatment and Rehabilitation Centers
- Establishment and operation of centers (Sec.34): The government-maintained center at Tagaytay City continues; private centers encouraged and accredited by the Board. Tagaytay center as nucleus for others.
Dangerous Drugs Board
- Composition and appointment (Sec.35): Nine members; three appointed with expertise, six are ex-officio government officials. Chairman designated among appointees. Executive committee to implement policy. Chief of NBI Narcotics Section is executive director. Compensation specified.
- Powers and duties (Sec.36): Rulemaking; custody and disposal of drugs; public education and training; research; program development; coordination with agencies; receipt of donations; staffing; data gathering; law enforcement support; plant eradication; licensing authorizations; accreditation of private centers; reward for informers; international reporting.
Appropriation and Management of Funds
- Initial appropriation of ₱12 million and ongoing funding (Sec.37).
- Income from fines and unclaimed sweepstakes prizes to be special funds, partly reserved for private rehabilitation centers.
- Board manages funds and must submit annual report to President and Congress detailing drug situation, programs, expenses, and recommendations (Sec.38).
Jurisdiction over Dangerous Drug Cases
- Circuit Criminal Court has exclusive original jurisdiction; deadlines set for preliminary investigation, filing, and decision (Sec.39).
- Procedures and effects for reclassification, addition or removal of drugs from lists; public notice required; transitional application of penalties; dismissal of pending cases if drug removed (Sec.40).
Final Provisions
- Separability clause preserving the Act if any part is invalidated (Sec.41).
- Repeal of certain Revised Penal Code articles and inconsistent laws or orders (Sec.42).
- Effectivity upon approval (Sec.43).