Penalty for Volatile Substance Abuse to Minors

The decree declares the imperative to stop the use of certain volatile substances as substitutes for dangerous drugs.
It identifies an enforcement problem: certain substances openly sold to the public are being used by drug dependents as substitutes.
It states that medical research and studies link such use to death, physiological damage to vital organs, dependency, self-destructive and anti-social acts, and use of other drugs.

Section 1 defines “volatile substances” as any liquid, solid or mixed substance that releases toxic vapors or fumes containing one or more listed chemical compounds.
The chemical compounds include methanol, ethanol, isopropanol, ethyl acetate, n-propyl acetate, n-butyl acetate, acetone, methyl ethyl ketone, methyl butyl ketone, benzene, toluene, xylene, stryene, naphtalene, n-pentane, n-hexane, n-heptane, methylene choloride, trichloroen-thylene, tetrachloroenthylene, nitrous oxide, dichlorodifluoromethane, chlorodifluoromethane, isoamyl nitrate, ether, or chloroform, and any other chemical substance that fits the operative effects.
A substance falls within the definition if, when sniffed, smelled, inhaled, or introduced into the physiological system, it produces or induces intoxication/inebriation/excitement/stupefaction, dulling of the brain or nervous system, depression, giddiness, paralysis, irrational behavior, or any manner changing, distorting or disturbing auditory, visual or mental processes.

Section 2 makes use or possession of volatile substances punishable when done for the purpose of inhalation to induce intoxication or any of the conditions described in Section 1.
The penalty for the offense under Section 2 is imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos.
Section 2 provides that Article VI (“Rehabilitative Confinement and Suspension of Sentence”) of Republic Act No. 6425, as amended, applies whenever appropriate to cases arising under Presidential Decree No. 1619.

Section 3 penalizes any person who sells, administers, delivers, or gives away to another volatile substances for inhalation to induce or produce intoxication or any conditions described in Section 1.
Section 3 also penalizes conduct on any terms whatsoever, as well as distributes, dispatches in transit, transports, or who acts as a broker in any such transaction.
The penalty under Section 3 is imprisonment ranging from four years and one day to eight years and a fine ranging from four thousand to eight thousand pesos.

Section 4 imposes criminal liability on any person or group of persons who maintain a den, dive or resort where volatile substances are used for inhalation to induce or produce intoxication or any condition described in Section 1.
The penalty under Section 4 is imprisonment ranging from four years and one month to eight years and a fine ranging from four thousand to eight thousand pesos.

Section 5 penalizes the sale of, and offer to sell, volatile substances to minors without requiring written consent of their parents or guardians as a condition for the sale or offer.
The penalty under Section 5 for the minor-related volatile substance sale offense is imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos.
Section 5 provides an exception: when the minor is eighteen years or over and is duly licensed to drive a motor vehicle, written consent is not necessary if the volatile substance sold or offered for sale is gasoline or any other motive fuel for motor vehicles.

Section 6 prohibits the sale of, and offer to sell, to minors liquors or beverages containing an alcoholic content of thirty per centum or above (60 proof or above).
Section 6 imposes the penalty of imprisonment ranging from six months and one day to four years and a fine ranging from six hundred to four thousand pesos for prohibited sales to minors of such liquors or beverages.

Section 7 empowers the Dangerous Drugs Board to issue rules and regulations to carry out the purposes of the decree.
Section 7 includes within the Board’s regulatory authority the treatment and rehabilitation of dependents on volatile substances.
Section 7 includes within the Board’s regulatory authority the confinement of dependents in rehabilitation or in commercial products containing one or more of the chemical compounds mentioned in Section 1.
Section 7 authorizes the Board, whenever the need arises, to arrange for the publication in a newspaper of general circulation of a list of industrial or commercial products whose sale is restricted or prohibited under the preceding sections.

Presidential Decree No. 1619 contains an immediate effectivity rule under Section 8.
Section 2 incorporates Article VI (“Rehabilitative Confinement and Suspension of Sentence”) of Republic Act No. 6425, as amended when appropriate.