PRE FI: RA 9165 Flashcards
R.A. 9165 also known as?
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 9165
HOW MANY SECTIONS DOES RA 9165 HAVE?
102
HOW MANY ARTICLES DOES RA 9165 HAVE?
13
RA 9165 IS SIGNED UNDER:
GLORIA MACAPAGAL- ARROYO
RA 9165 WAS APPROVED ON
JANUARY 23, 2002
Section 2. Declaration of Policy
It is the policy of the State to:
- SAFEGUARD THE INTEGRITY of its territory & the wellbeing of its
citizenry, - DEFEND the same against acts or omissions detrimental to their
development and preservation
~ INTENSIVE AND UNRELENTING CAMPAIGN
~ a BALANCE IN THE NATIONAL DRUG CONTROL PROGRAM
~ SUSTAINABLE PROGRAMS OF TREATMENT and REHABILITATION
DEFINITIONS OF TERMS:
any FACILITY USED FOR THE ILLEGAL MANUFACTURE OF ANY DANGEROUS DRUG and/or controlled precursor and essential chemical
A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT
CLANDESTINE LABORATORY
DEFINITIONS OF TERMS:
a PLACE WHERE ANY DANGEROUS DRUG and/or controlled precursor and ESSENTIAL CHEMICALS is ADMINISTERED, DELIVERED, STORED FOR ILLEGAL PURPOSES, DISTRIBUTED, SOLD OR USED in anay form
A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT
DEN, DIVE OR RESORT
DEFINITIONS OF TERMS:
any person who PAYS FOR, SUPPLIES OR RAISES MONEY FOR, or UNDERWRITES any of the illegal activities prescribed under this act
A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT
FINANCIER
DEFINITIONS OF TERMS:
any person who is a LICENSED PHYSICIAN, DENTIST, CHEMIST, MEDICAL TECHNOLOGIST, NURSE, MIDWIFE, VETERINARIAN, OR PHARMACIST in the Philippines
A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT
PRACTITIONER
DEFINITIONS OF TERMS:
any person who KNOWINGLY and WILLFULLY CONSENT TO THE UNLAWFUL acts provided for in this act, and uses his/her INFLUENCE, POWER or POSITION IN SHIELDING, HARBORING, SCREENING or FACILITATING, to escape of any person he/she knows
A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER
PROTECTOR/CODDLER
DEFINITIONS OF TERMS:
any person who SELLS, TRADES, ADMINISTERS, DISPENSES, DELIVERS, or GIVES AWAY to another on any terms whatsoever, or DISTRIBUTES, DISPATCHES in transit or transports DANGEROUS DRUGS
A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER
PUSHER
DEFINITIONS OF TERMS:
defined as the DULY RECORDED AUTHORIZED MOVEMENTS AND CUSTODY of SEIZED DRUGS
A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER
CHAIN OF CUSTODY/CHAIN OF EVIDENCE
___________or commonly known as “Marijuana” or “Indian Hemp”
or by its any other name.
Cannabis
Cannabis Embraces every kind, class, genus, or specie of the plant _________
Cannabis sativa
Cannabis :
_________is the principal
psychoactive constituent of cannabis
Tetrahydrocannabinol (THC)
___________ or commonly known as “ Ecstasy” , or by its any other name
* Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
3, 4 Methylenedioxymethamphetamine
___________or commonly known as “SHABU” , “ICE” , “ METH” , or by its any other name.
* Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
Methamphetamine Hydrochloride
- Refers to the COAGULATED JUICE of the OPIUM POPPY
(Papaver somniferum) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium. - includes the SEEDS, STRAWS, BRANCHES, LEAVES or any part
thereof, or substances derived therefrom, even for FLORAL, DECORATIVE and CULINARY PURPOSES.
Opium
Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
OFFENDERS:
Importer
PENALTY?
Life imprisonment to Death + P500k-P10M
Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
OFFENDERS:
Importer using Diplomatic Passport
PENALTY?
Death + P10M
Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
OFFENDERS:
Financier, Organizer, Manager of Importation
PENALTY?
Death + P10M
Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.
OFFENDERS:
Protector/Coddler
PENALTY?
12y1d to 20y + P100k to P500k
Sec 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution & Transportation of Dangerous Drugs &/or
Controlled Precursors & Essential Chemicals
ACTS:
Sale
Trade
Distributes
Deliver
Transport
Broker
PENALTY?
Life imprisonment to Death + P500k-P10M
Sec.5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of
Dangerous Drugs &/or Controlled Precursors &
Essential Chemicals
WHAT ARE THE ELEMENTS?
- IDENTITY of the BUYER and the SELLER, the
object, and the consideration. - DELIVERY of the thing sold and the PAYMENT thereof
Sec 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution & Transportation of Dangerous Drugs &/or
Controlled Precursors & Essential Chemicals
Maximum Penalty Imposed on:
- Committed within 100m of a school
- Use of MINORS or MENTALLY INCAPACITATED PERSONS as RUNNERS, couriers & messengers, or in any other capacity
- If the VICTIM is a MINOR or MENTALLY INCAPACITATED
- Dangerous drug is the proximate CAUSE OF DEATH of the
VICTIM - Organizer, Manages the unlawful acts, financier
Sec. 6. Maintenance of a Den, Dive, or Resort
Maintenance
Penalty?
Life imprisonment to death + P500k – P10M fine
Sec. 6. Maintenance of a Den, Dive, or Resort
Caters to minor clients
Penalty?
Death + P10M fine
Sec. 6. Maintenance of a Den, Dive, or Resort
Financier
Penalty?
Death + P10M fine
Sec. 6. Maintenance of a Den, Dive, or Resort
Protector/Coddler
Penalty?
12 years 1 day – 20 years + P100k - P500k
Sec. 6. Maintenance of a Den, Dive, or Resort
Client dies
Penalty?
Death + P1M - P15M fine
Section 7. Employees and Visitors of a Den, Dive, or Resort (Aware of the Nature)
PENALTY?
Imprisonment: 12y 1d-20y + Fine: P100k-P500k
Section 8. Manufacture of:
Dangerous Drugs
PENALTY?
Life to Death Imprisonment +
Fine: P500k - P10M
Section 8. Manufacture of:
and/or Controlled Precursors and Essential Chemicals
PENALTY?
12y 1d-20y + Fine: P100k-P500k
Sec. 11 Possession of Dangerous Drugs
(See Sec. 13)
Such as, but not limited to, methylenedioxymethamphetamine (MDA) or “ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB)
PENALTY?
Life Imprisonment to Death and Fine P500k-P10M
Sec 15: Use of Dangerous Drugs
A person apprehended or arrested, who is found to be POSITIVE for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a ______
1st offense penalty?
minimum of 6 months REHABILITATION In a GOVERNMENT CENTER
Sec 15: Use of Dangerous Drugs
2nd offense penalty?
Imprisonment 6 years and 1 day to 12 years + fine P50k to P200k
Sec 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or Are
Sources
PENALTY?
- Life imprisonment to Death and Fine P500k-P10M
- Land or portions and/or greenhouse shall be CONFISCATED BY THE STATE
WHAT IS ARTICLE III?
Dangerous Drugs Test and Record Requirements
Section 36: Authorized Drug Testing
Drug testing shall be done by:
- Government forensic lab
- DT labs accredited and monitored by DOH
WHO MUST SET THE PRICE/COST FOR DRUG TESTING?
DOH
Price for SCREENING?
P 300 selling price ( analyte MET and THC)
Price for CONFIRMATORY TEST?
P 1K per analyte
Drug Testing Certificate Validity:
1 year
how ml of urine must be used?
50 mL
Documentation of who handled the test, demographic information of the patient, who processed, received and released the result.
Chain of Custody/Evidence
Positive
1 line
Negative:
2 lines
Invalid:
no line/ line in “test” line only
Individuals who should undergo drug testing:
a.) Applicants for DRIVER’S LICENSSE
b.) Applicants for FIREARM’S LICENSE and for permit to carry firearms outside of residence.
c.) Students of SECONDARY and TERTIARY SCHOOLS. – RANDOM TESTING W/ NOTICE TO PARENTS, and IF STIPULATED in HANDBOOK
d.) OFFICERS and EMPLOYEES of PUBLIC & PRIVATE OFFICES- RANDOM DT
e.) OFFICERS and MEMBERS of the MILITARY, POLICE and other law enforcement agencies. - ANNUALLY
f.) ALL PERSONS CHARGED before the prosecutor’s office with a CRIMINAL OFFENSE having an imposable penalty of imprisonment of NOT LESS THAN six (6) years and one (1) day
g.) ALL CANDIDATES for PUBLIC OFFICE whether appointed or elected both in the national or local government
Sec 37. Issuance of False or Fraudulent Drug Test Results
Anyone who issues false or fraudulent drug test results knowingly,
willfully or through gross negligence, shall suffer the penalty of:
- imprisonment ranging from 6YRS 1D TO 12 YRS
- a fine ranging from P 100K TO P 500K
SEC. 3. Definitions.
Any act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion,
or other means, or of committing any act of
indispensable assistance to a person in administering
a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for
purposes of medication.
Administer
– Refers to the Dangerous Drugs Board
under Section 77, Article IX of this Ac
Board
Any of the treatment and rehabilitation
centers for drug dependents referred to in Section 75,
Article VIII of this Act
Centers
The SALE, DISTRIBUTION,
SUPPLY, or TRANSPORT of legitimately imported, in-transit,
manufactured, or procured controlled precursors and
essential chemicals, in diluted, mixtures, or
concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud
Chemical Diversion
An ANALYTICAL TEST using a device, tool, or equipment with a different chemical or
physical principle that is more specific which will
validate and confirm the result of the screening test
Confirmatory Test
The investigative technique of ALLOWING an UNLAWFUL or SUSPECT CONSIGNMENT of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property BELIEVED TO BE DERIVED DIRECTLY/INDIRECTLY from any OFFENSE, to pass into, through, or out of the country under the supervision of an authorized officer,
to gather evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense
Controlled Delivery
Any act of knowingly
PLANTING, GROWING, raising, or permitting the planting,
growing, or raising of any plant that is the source of a
dangerous dr
Cultivate or Culture
Any act of knowingly PASSING a
dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.
Deliver
Any act of GIVING AWAY, selling, or
distributing medicine or any dangerous drug with or
without the use of a prescription
Dispense
As based on the World Health
Organization definition, it is a CLUSTER OF PHYSIOLOGICAL, BEHAVIORAL, AND COGNITIVE PHENOMENA OF VARIABLE INTENSITY of , in which the use of psychoactive drugs takes on a high priority thereby involving, among others, a STRONG DESIRE or a SENSE OF COMPULSION to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use
Drug Dependence
The illegal cultivation, culture,
delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation,
exportation, and possession of any dangerous drug
and/or controlled precursor and essential chemical.
Illegal Trafficking
Refers to any part of the plant of
the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum,
and Papaver rhoeas, which includes the seeds,
straws, branches, leaves or any part thereof, or
substances derived therefrom, even for floral,
decorative and culinary purposes.
Opium Poppy
PDEA
Philippine Drug
Enforcement Agency
The willful act by any
person of maliciously and surreptitiously inserting,
placing, adding, or attaching directly or indirectly,
through any overt or covert act, whatever quantity of
any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or
near an innocent individual to implicate, incriminate or
imputing the commission of any violation of this Act.
Planting of Evidence
A rapid test is performed to
establish potential/presumptive positive results.
Screening Test
