Title
Opium Use and Trade Regulation Act
Law
Act No. 2381
Decision Date
Feb 28, 1914
Philippine Law, Act No. 2381, enacted in 1914, prohibits the use, possession, and sale of opium and other prohibited drugs, with penalties including fines, imprisonment, and deportation for repeat offenders.

Restrictions on Ownership, Use, and Maintenance of Opium-Related Premises

  • No person may own, prepare, administer, possess, or transport any prohibited drug except as allowed under section 136 of the Internal Revenue Law.
  • Use of such drugs is only allowed under prescription by a licensed physician, veterinarian, or dentist.
  • Inhalation, snuffing, chewing, swallowing, injecting, or any use of the drug on oneself or by others without prescription is prohibited.
  • No person may keep, maintain, or conduct establishments (dives or resorts) where opium is smoked or used unlawfully.
  • Penalties include a fine ranging from 300 to 10,000 pesos and imprisonment from 3 months to 5 years.
  • Repeat offenders may be deported if not a citizen of the United States or Philippine Islands.

Penalties for Serving as Guard or Visiting Opium Dives

  • Persons who serve as guards or lookouts for unlawful opium establishments or who knowingly visit such places but are not otherwise punishable face a fine between 100 and 300 pesos and imprisonment from 1 to 6 months.

Unlawful Importation of Prohibited Drugs

  • Unlawful importation or assistance in importation of prohibited drugs carries imprisonment of 2 to 5 years and fine of 300 to 10,000 pesos.
  • Recidivists may be subject to deportation if not citizens.

Sale and Delivery of Prohibited Drugs

  • Unlawful sale or delivery of prohibited drugs entails imprisonment from 1 to 5 years and a fine of 300 to 10,000 pesos.
  • Repeat offenders may be deported.

Possession of Opium Pipes and Related Apparatus

  • Possession or custody of opium pipes or apparatus for drug use is unlawful except when authorized by law.
  • Violators may be fined up to 500 pesos and imprisoned for up to 1 year.

Forfeiture and Seizure of Prohibited Drugs and Paraphernalia

  • All unlawfully used, secreted, or abandoned prohibited drugs, and related instruments found in unlawful possession shall be forfeited and seized by the government.
  • Seized articles are to be turned over to the Collector of Internal Revenue.

Prima Facie Evidence from Possession of Drug Apparatus

  • Unlawful possession of opium pipes or related instruments shall serve as prima facie evidence of unlawful use of the prohibited drug.

Penalties for Physicians or Dentists Who Irresponsibly Prescribe Opium

  • Physicians or dentists prescribing opium without medical necessity may have their licenses revoked after due process.
  • Upon conviction, they face fines between 300 and 10,000 pesos, imprisonment from 6 months to 5 years, or both.

Disposition of Fines and Rewards for Informers

  • Fines are payable to the Insular Treasury credited to the general fund.
  • A permanent appropriation for rewards to informers is established.
  • Informers receive 15% of the fines imposed when their information leads to conviction.
  • Informer names are specified in court judgments.
  • When no fines are imposed, the informer may receive an amount up to 1,000 pesos approved by the Secretary of Commerce and Police.

Enforcement and Compromise of Cases

  • The Chief of Constabulary supervises enforcement without limiting other government branches' powers.
  • With the Secretary's approval, the Chief may compromise cases before or during legal proceedings but not after judgment.

Repeal of Previous Laws

  • Previous conflicting laws, including Act No. 1761 and certain provisions of other Acts, are repealed.
  • Repeal does not affect existing liabilities or ongoing criminal prosecutions.

Effectivity

  • The law takes effect on July 1, 1914.

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