Title
Opium Sale and Use Regulation Act
Law
Act No. 1761
Decision Date
Oct 10, 1907
The Opium Act of 1907 aimed to regulate the use, sale, and possession of opium in the Philippines, requiring registration for habitual users, imposing penalties for non-compliance, and establishing regulations for dealers and dispensaries.
A

Registration and Certification of Opium Users

  • Only Chinese habitually using opium may apply for registration under oath.
  • A certificate specifying permitted daily quantity is issued upon payment of escalating fees.
  • Collector of Internal Revenue reduces allowed daily quantity monthly by 15% starting November 1907.
  • Certificates are controlled with strict record-keeping and have limited validity.

Penalties for False or Counterfeit Certificates

  • Fines up to PHP 5,000, imprisonment up to 2 years, or both for fraudulent or altered certificates or aiding such acts.

Prohibition on Unauthorized Use of Opium

  • Opium use only allowed if registered or prescribed by a licensed physician.
  • Consumption must be in licensed dispensaries.
  • Violations punishable by fines up to PHP 200, imprisonment up to 6 months, or both.
  • Second offenses may result in deportation if offender is not a citizen.

Regulation of Sale, Transfer, and Delivery of Opium

  • Only licensed physicians, pharmacists, dispensers, or registered users in licensed dispensaries allowed to receive opium.
  • Wholesale dealers can own opium but not deliver directly except with permits.
  • Government bureaus and authorized hospitals may handle opium.
  • Unauthorized sale or transfer penalized with fines up to PHP 1,000, imprisonment up to 1 year, or both; second offense may lead to deportation.
  • Physician malpractice in prescribing opium can cause license revocation and fines/imprisonment.

Licensing and Operation of Opium Wholesale Dealers and Dispensaries

  • Definitions distinguishing wholesale dealers by activities like importation, cooking, sale.
  • Licensed dispensaries categorized into three classes by operating hours (24, 16, 8 hours).
  • Custody of dispensaries shared between proprietor and internal revenue officer; strict locking rules.

Possession and Use of Opium Apparatus

  • Illegal for unauthorized persons to have opium or apparatus such as pipes, syringes.
  • Unauthorized possession results in fines up to PHP 500, imprisonment up to 1 year, with forfeiture of items.

Required Signage at Opium Dispensaries

  • Dispensaries must display visible signage stating name and class.
  • Failure to comply can lead to license cancellation without refund.

Delivery and Storage of Opium

  • Mandatory delivery of all opium within 10 days to provincial treasurer or Collector of Internal Revenue.
  • Storage governed by official receipts, supervision, and permit system for release.
  • Failure to comply results in fines up to PHP 5,000 and/or imprisonment up to 5 years; seized opium forfeited.

Import, Preparation, and Taxation of Opium

  • Importation requires payment of escalating internal revenue taxes based on type and weight.
  • Cooking/preparation regulated, supervised, and taxed; restricted to licensed professionals.
  • Failure to pay tax or mark opium leads to fines, imprisonment, and forfeiture.

Record-Keeping and Inspection Requirements

  • Wholesale dealers, dispensaries, pharmacists must keep detailed transaction books in English and Spanish.
  • Failure to maintain accurate records punishable by fines up to PHP 5,000, imprisonment up to 5 years, license revocation.
  • Stock and books subject to inspection; refusal or neglect to permit inspection punishable.
  • Inventory discrepancies incur penalties of double the value of shortages or surpluses.

Limitations on Sale to Registered Users

  • Dispensers may only supply registered users with opium as per daily allowance.
  • Illegal to exceed permitted quantities; violations penalized with fines and imprisonment.

Licensing and Bonding for Dealers and Dispensers

  • Wholesale dealers and dispensers must secure licenses upon payment of fees and execute a PHP 10,000 bond ensuring compliance.
  • Monthly license taxes vary based on class of dispensary; late starters pay full or prorated fees.
  • Partnerships pay a single license; multiple business locations require separate licenses unless transferred.

Enforcement, Seizures, and Legal Proceedings

  • Seizures require public notice and allow claims under bond.
  • Government empowered to compromise cases.
  • Collected taxes allocated for public education, treatment programs, teacher salaries, and school infrastructure.
  • Informers rewarded with 25% of fines or up to PHP 1,000 when no fine but other penalties apply.

Prohibition on Cocaine and Related Substances

  • Use and possession of cocaine or derivatives strictly limited to prescription by licensed physicians.
  • Possession of paraphernalia is prima facie evidence of illegal drug use without prescription.

Ultimate Ban on Possession and Use (Effective March 1, 1908)

  • General prohibition on possession or use of opium, cocaine, or related substances except authorized persons.
  • Unauthorized possession leads to seizure and forfeiture.
  • Violations punishable by fines up to PHP 10,000, imprisonment up to 5 years; repeat offenses may result in deportation.

Repeal and Effective Date

  • Prior Act No. 1461 repealed.
  • Law takes effect on October 17, 1907.

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