Inclusion of Thionyl Chloride as Controlled Chemical

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DDB BOARD REGULATION NO. 5: Inclusion of Thionyl Chloride as Controlled Chemical

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Title Source: Supreme Court: Inclusion of Thionyl Chloride as Controlled Chemical

Law: Ddb Board Regulation No. 5

Decision Date: Jul 19, 2005

The Dangerous Drug Board issued Regulation No. 5-05, which includes Thionyl Chloride as a controlled precursor and essential chemical in the manufacture of Methamphetamine Hydrochloride or "Shabu", subjecting it to all regulatory measures provided by Republic Act No. 9165 and other applicable issuances of the Board.

Legal Basis and Authority

The inclusion is pursuant to Section 93, Article XI of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
The Dangerous Drugs Board conducted a public hearing before the enactment of this regulation.

Regulatory Scope and Application

Thionyl chloride is added to the list of controlled precursors and essential chemicals.
It is subject to all regulatory measures provided by RA 9165.
It also falls under regulatory rules stipulated by Board Regulation No. 3, Series of 2003 and other applicable issuances of the Dangerous Drugs Board.

Effectivity and Publication Requirements

The regulation takes effect fifteen (15) days after its publication in two newspapers of general circulation.
It also requires registration with the Office of the National Administrative Register (ONAR), UP Law Center, Diliman, Quezon City before effectivity.

Authority and Attestation

The regulation was adopted on July 19, 2005.
It is signed and represented by various ex-officio members and officials from the Department of the Interior and Local Government, Department of National Defense, Department of Labor and Employment, Department of Social Welfare and Development, Department of Health, Department of Justice, and the Philippine Drug Enforcement Agency.
Attested by the Executive Director of the Dangerous Drugs Board.

Legal and Enforcement Implications

Regulating thionyl chloride aims to prevent its diversion for illicit drug manufacturing.
Entities dealing with thionyl chloride must comply with registration, record-keeping, and other control measures prescribed under the law and board regulations.
Violation of these provisions may lead to administrative and criminal sanctions under the comprehensive dangerous drugs legal framework.

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