R.A.

9165

COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
Consolidation of House bill
1858 and Senate Bill 4433
Was signed by president
Gloria Arroyo on January
23,2002
Repealed RA 6425
(Dangerous Drugs Act of
1972)
 What is the purpose for
enacting RA 9165?
RA 9165 safeguards the well-being of the
people, particularly the youth, from the
harmful effects of dangerous drugs.

What is the purpose for enacting RA 9165?

Person involved either in:

The trafficking, or
Use of dangerous drugs and other similar
substances.
How does the state pursue its
anti-drug policy through RA
9165?
The state pursues its anti drug policy through RA 9165 by:
Apprehending persons involved in the trafficking and use of
dangerous drugs and imposing the appropriate penalties as
provided for in the Act;

Achieving a balance in the national drug control program

so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of
appropriate medications that include the use of dangerous
drugs; and

Providing sustainable program of treatment and

rehabilitation to those who have fallen victims to drug
abuse or dangerous drug dependence.
Who are the so-called
dangerous drugs?
RA 9165 provides several list of all known dangerous drugs
and their associated substances. Here, however, are some
of the most commonly abused substances:

marijuana, marijuana resin, or marijuana oil

Methylenedioxymethamphetamine (MDMA) or commonly

known as Ecstasy, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives
that have no therapeutic value.
Methamphetamine hydrochloride or commonly known as
shabu, ice, or meth
Opium
Morphine
Heroin
Cocaine or cocaine hydrochloride

What constitutes trafficking and use of dangerous

drugs?

Trafficking refers to cultivation, culture,

delivery, administration, dispensation,
manufacture, sale, trading, transportation,
distribution, importation, exportation, and
possession of any dangerous drug and/or
controlled substance.
Use refers to any act of injecting
(intravenously or intramuscularly),
consuming (chewing, smoking,
sniffing, eating, swallowing,
drinking) or any other means
through which dangerous drugs are
introduced into the physiological
system of the body.
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Section 4 Importation of dangerous drugs Life imprisonment to death plus
Importation of regardless of quantity or purity fine ranging from Five hundred
Dangerous thousand pesos (P500,000.00) to
Drugs and/or Ten million pesos
Controlled (P10,000,000.00)
Precursors
and Essential Importation of any controlled imprisonment ranging from twelve
Chemicals precursor and essential chemical (12) years and one (1) day to
twenty (20) years and a fine
ranging from One hundred
thousand pesos (P100,000.00) to
Five hundred thousand pesos
(P500,000.00)

protector/coddler of any violator twelve (12) years and one (1) day
of the provisions under this to twenty (20) years of
Section imprisonment and a fine ranging
from One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
financier and those who will use maximum penalty
diplomatic passport for the
import of dangerous drugs
and/or controlled precursors
and essential chemicals

Sec. 5. Sale, Anyone who shall sell, trade, life imprisonment to death and a
Trading, administer, dispense, deliver, fine ranging from Five hundred
Administration, give away to another, distribute, thousand pesos (P500,000.00) to
Dispensation, dispatch in transit or transport Ten million pesos (P10,000,000.00)
Delivery, any dangerous drug or shall act
Distribution as a broker in any of such
and transactions regardless of
Transportation quantity and purity
of Dangerous
Drugs and/or anyone who shall sell, trade, imprisonment ranging from twelve
Controlled administer, dispense, deliver, (12) years and one (1) day to
Precursors and give away to another, distribute, twenty (20) years and a fine
Essential dispatch in transit or transport ranging from One hundred
Chemicals any controlled precursor and thousand pesos (P100,000.00) to
essential chemical, or shall act Five hundred thousand pesos
as a broker in such transactions (P500,000.00)
RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
Sec. 5. Sale, Trading, when transaction transpired one maximum penalty
Administration, hundred (100) meters away from
Dispensation, school
Delivery, Distribution
and Transportation of when minors or mentally maximum penalty
Dangerous Drugs incapacitated individuals are used
and/or Controlled as runners, couriers and
Precursors and messengers, or in any other
Essential Chemicals
capacity directly connected to the
dangerous drugs and/or controlled
precursors and essential
chemicals trade

if the victim of the offense is a maximum penalty

minor or a mentally incapacitated
individual, or should a dangerous
drug and/or a controlled precursor
and essential chemical involved in
any offense
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 6. any person or group of persons life imprisonment to death and a
Maintenance of a who shall maintain a den, dive fine ranging from Five hundred
Den, Dive or or resort where any dangerous thousand pesos (P500,000.00) to
Resort drug is used or sold in any form Ten million pesos
(P10,000,000.00)
any person or group of persons twelve (12) years and one (1) day
who shall maintain a den, dive, to twenty (20) years and a fine
or resort where any controlled ranging from One hundred
precursor and essential thousand pesos (P100,000.00) to
chemical is used or sold in any Five hundred thousand pesos
form (P500,000.00)
Financier/ when drug is sold to Maximum penalty
a minor/ if it causes proximate
death

Protector/coddler twelve (12) years and one (1) day to

twenty (20) years of imprisonment
and a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 7. a) Any employee of a twelve (12) years and one
Employees den, dive or resort, who (1) day to twenty (20)
and Visitors is aware of the nature of years and a fine ranging
of a Den, the place as such; and from One hundred
Dive or thousand pesos
Resort (P100,000.00) to Five
hundred thousand pesos
(P500,000.00)

b) Any person who, not

being included in the
provisions of the next
preceding paragraph, is
aware of the nature of
the place as such and
shall knowingly visit the
same
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 8. manufacture of any life imprisonment to death and a fine
Manufacture of dangerous drug ranging from Five hundred thousand
Dangerous pesos (P500,000.00) to Ten million
Drugs and/or pesos (P10,000,000.00)
Controlled
Precursors and
Essential manufacture of any controlled twelve (12) years and one (1) day to
Chemicals precursor and essential twenty (20) years and fine ranging
chemical from One hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)

Financier maximum penalty

Protector/ coddler twelve (12) years and one (1) day to

twenty (20) years of imprisonment
and a fine ranging from One
hundred thousand pesos
(P100,000.00) to Five hundred
thousand pesos (P500,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. Possession of:
Possession of
Dangerous 1) 10 grams or more of opium;
Drugs
2) 10 grams or more of
morphine; life imprisonment to death
and a fine ranging from Five
3) 10 grams or more of heroin; hundred thousand pesos
(P500,000.00) to Ten million
4) 10 grams or more of cocaine pesos (P10,000,000.00)
or cocaine hydrochloride;

5) 50 grams or more of
methamphetamine
hydrochloride or shabu;

6) 10 grams or more of
marijuana resin or marijuana
resin oil;

7) 500 grams or more of

marijuana;
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. 8) 10 grams or more of other
Possession of dangerous drugs such as, but not
Dangerous limited to,
methylenedioxymethamphetamine
Drugs
(MDMA) or ecstasy,
paramethoxyamphetamine (PMA), life imprisonment to death and
trimethoxyamphetamine (TMA), a fine ranging from Five
lysergic acid diethylamine (LSD), hundred thousand pesos
gamma hydroxybutyrate (GHB), (P500,000.00) to Ten million
and those similarly designed or pesos (P10,000,000.00)
newly introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond
therapeutic requirements, as
determined and promulgated by the
Board in accordance to Section 93,
Article XI of this Act.
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. (5) grams or more but less than ten twenty (20) years and one
Possession of (10) grams of opium, morphine, (1) day to life imprisonment
Dangerous heroin, cocaine or cocaine and a fine ranging from Four
hydrochloride, marijuana resin, hundred thousand pesos
Drugs
marijuana resin oil, (P400,000.00) to Five
methamphetamine hydrochloride or hundred thousand pesos
shabu, or dangerous drugs such (P500,000.00)
as, but not limited to,
methylenedioxymethamphetamine
(MDMA) or ecstasy,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB), and
those similarly designed or newly
introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or three hundred (300)
grams or more but less than five
hundred (500) grams of marijuana
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 11. less than five (5) grams of opium, twelve (12) years and one
Possession of morphine, heroin, cocaine or cocaine (1) day to twenty (20) years
Dangerous hydrochloride, marijuana resin, and a fine ranging from
marijuana resin oil, Three hundred thousand
Drugs
methamphetamine hydrochloride or pesos (P300,000.00) to Four
shabu, or dangerous drugs such hundred thousand pesos
as, but not limited to, (P400,000.00)
methylenedioxymethamphetamine
(MDMA) or ecstasy,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
gamma hydroxybutyrate (GHB), and
those similarly designed or newly
introduced drugs and their
derivatives, without having any
therapeutic value or if the quantity
possessed is far beyond therapeutic
requirements; or less than three
hundred (300) grams of marijuana
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED

Sec. 11. Methamphetamine hydrochloride or Life imprisonment and a

Possession of shabu is ten (10) grams or more but fine ranging from Four
Dangerous less than fifty (50) grams hundred thousand pesos
Drugs (P400,000.00) to Five
hundred thousand pesos
(P500,000.00)

Sec. 12. possess or have under his/her control six (6) months and one (1)
Possession of any equipment, instrument, apparatus day to four (4) years and a
Equipment, and other paraphernalia fit or intended fine ranging from Ten
Instrument, for smoking, consuming, administering, thousand pesos
Apparatus and injecting, ingesting, or introducing any (P10,000.00) to Fifty
Other dangerous drug into the body: thousand pesos
Paraphernalia Provided, That in the case of medical (P50,000.00)
for Dangerous practitioners and various professionals
Drugs who are required to carry such
equipment, instrument, apparatus and
other paraphernalia in the practice of
their profession, the Board shall
prescribe the necessary implementing
guidelines thereof
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 13. possessing any dangerous drug during Maximum penalty
Possession of a party, or at a social gathering or
Dangerous meeting, or in the proximate company
Drugs During of at least two (2) persons regardless
Social of the quantity and purity of the
Gatherings or dangerous drugs and regardless of
Meetings. whether the person was dispensing,
pushing, or selling the dangerous drug
to other persons

Sec. 14. possess or have under his/her control maximum penalty

Possession of any equipment, instrument, apparatus provided for in Section 12
Equipment, and other paraphernalia fit or intended of this Act ( four years and
Instrument, for smoking, consuming, administering, P50,000.00 pesos fine)
Apparatus and injecting, ingesting, or introducing any
Other dangerous drug into the body, during
Paraphernalia parties, social gatherings or meetings,
for Dangerous or in the proximate company of at least
Drugs During two (2) persons
Parties, Social
Gatherings
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 15. Use of person apprehended or arrested, who six (6) months
Dangerous is found to be positive for use of any rehabilitation in a
Drugs dangerous drug, after a confirmatory government center
test (first offense) this Section shall not
be applicable where the person tested
is also found to have in his/her
possession such quantity of any
dangerous drug provided for under
Section 10 of this Act, in which case the
provisions stated therein shall apply

second offense six (6) years and one (1)

day to twelve (12) years
and a fine ranging from
Fifty thousand pesos
(P50,000.00) to Two
hundred thousand pesos
(P200,000.00)
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 16. any person who shall plant, cultivate or life imprisonment to death
Cultivation or culture marijuana, opium poppy or any and a fine ranging from
Culture of other plant regardless of quantity, which Five hundred thousand
Plants is or may hereafter be classified as a pesos (P500,000.00) to
Classified as dangerous drug or as a source from Ten million pesos
Dangerous which any dangerous drug may be (P10,000,000.00)
Drugs or Are manufactured or derived in the case of
Sources medical laboratories and medical
Thereof research centers which cultivate or
culture marijuana, opium poppy and
other plants, or materials of dangerous
drugs for medical experiments and
research purposes, or for the creation of
new types of medicine, the Board shall
prescribe the necessary implementing
guidelines for the proper cultivation,
culture, handling, experimentation and
disposal of such plants and materials

financier
maximum penalty
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 16. protector/ coddler twelve (12) years and one
Cultivation or (1) day to twenty (20)
Culture of Plants years of imprisonment
Classified as and a fine ranging from
Dangerous One hundred thousand
Drugs or Are pesos (P100,000.00) to
Sources Thereof Five hundred thousand
pesos (P500,000.00)

Sec. 17. any practitioner, manufacturer, one (1) year and one (1)
Maintenance and wholesaler, importer, distributor, dealer day to six (6) years and a
Keeping of or retailer who violates or fails to comply fine ranging from Ten
Original Records with the maintenance and keeping of thousand pesos
of Transactions the original records of transactions on (P10,000.00) to Fifty
on Dangerous any dangerous drug and/or controlled thousand pesos
Drugs and/or precursor and essential chemical in (P50,000.00)
Controlled accordance with Section 40 of this Act
Precursors and additional penalty shall be imposed
Essential through the revocation of the license to
Chemicals practice his/her profession, in case of a
practitioner, or of the business, in case
of a manufacturer, seller, importer,
distributor, dealer or retailer
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION

Sec. 28. Criminal If violators are maximum penalties of

Liability of government officials or the unlawful acts
Government employees provided for in this Act in
Officials and addition to absolute
Employees perpetual disqualification
from any public office

Sec. 29. Criminal Planting of evidence Death penalty

Liability for Regardless of quantity or
Planting of purity
Evidence
 RA 9165 UNLAWFUL ACT PENALTIES
PROVISION PROVIDED
Sec. 30. Criminal partner, president, director, Penalty provided for the
Liability of manager, trustee, estate offense
Officers of administrator, or officer who
Partnerships, knowingly authorizes, tolerates
Corporations, or consents to the use of a
Associations or vehicle, vessel, aircraft,
Other Juridical equipment or other facility, as
Entities an instrument in the
importation, sale,
administration, dispensation,
delivery, distribution,
transportation or manufacture of
dangerous drugs, or chemical
diversion, if such vehicle,
vessel, aircraft, equipment or
other instrument is owned by or
under the control or supervision
of the partnership, corporation,
association or juridical entity to
which they are affiliated
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 31. any alien who violates after service of sentence,
Additional such provisions of this be deported immediately
Penalty if Act without further proceedings,
Offender is an unless the penalty is death
Alien
Sec. 32. Liability any person found six (6) months and one (1)
to a Person violating any regulation day to four (4) years and a
Violating Any duly issued by the fine ranging from Ten
Regulation Board pursuant to this thousand pesos
Issued by the Act (P10,000.00) to Fifty
Board thousand pesos
(P50,000.00) in addition to
the administrative sanctions
imposed by the Board
 RA 9165 UNLAWFUL ACT PENALTIES PROVIDED
PROVISION
Sec. 37. Issuance Any person authorized, six (6) years and one (1) day
of False or licensed or accredited to twelve (12) years and a fine
Fraudulent Drug under this Act and its ranging from One hundred
Test Results implementing rules to thousand pesos
conduct drug (P100,000.00) to Five hundred
examination or test, who thousand pesos
issues false or fraudulent (P500,000.00)
drug test results
knowingly, willfully or
through gross negligence

An additional penalty
shall be imposed through
the revocation of the
license to practice
his/her profession in
case of a practitioner,
and the closure of the
drug testing center.
 RA 9165 PROVISION UNLAWFUL ACT PENALTIES
PROVIDED
SEC. 73. Liability of a Any parent, spouse or may be cited for contempt
Parent, Spouse or guardian who, without valid by the court
Guardian Who Refuses reason, refuses to
to Cooperate with the cooperate with the Board or
Board or any any concerned agency in
Concerned Agency the treatment and
rehabilitation of a drug
dependent

SEC. 91. Responsibility Any member of law not less than twelve (12)
and Liability of Law enforcement agencies or years and one day to
Enforcement Agencies any other government twenty years and a fine of
and other Government official and employee who, not less than Five
Officials and Employees after due notice, fails or hundred thousand pesos
in Testifying as refuses intentionally or (P500,000.00), in addition
Prosecution Witnesses negligently, to appear as a to the administrative
in Dangerous Drugs witness for the prosecution liability he/she may be
Cases in any proceedings, meted out by his/her
involving violations of this immediate superior
Act, without any valid and/or appropriate body.
reason
Under the act, who are
required to undergo drug
testing?
Person/s Type of drug testing required
1. Applicants for drivers license Mandatory

2. Applicants for firearms Mandatory

license and or permit to carry
firearms outside residence

3. Students of secondary and Random, pursuant to the rules in

tertiary schools the schools student handbook and
with notice to the parents,
expenses of which will be borne by
the government
Under the act, who are
required to undergo drug
testing?
Person/s Type of drug testing required
4. Officers and employees of Random, as contained in the
public and private offices companys work rules and
regulations, which will be borne by
the employer
5. Officers and members of the Mandatory and annually
military, police and other law
enforcement agencies

6. All persons charged before Mandatory

the prosecutors office with a
criminal offense having an
imposable penalty of
imprisonment of not less than
six years and one day
Under the act, who are required to undergo drug
testing?
Person/s Type of drug testing required
7. All candidates for public mandatory
office whether appointed or
elected both in the national or
local government
What happens when anyone of the above are found
positive for dangerous drugs?

They Shall be subjected to the provisions of Section 15 on

the use of Dangerous Drugs, where the violator upon first
offense will be penalized with a minimum of six months
rehabilitation in a government center, and upon second
offense will be penalized with imprisonment of 6 to 12 years
and fined from P 50,000 to P 200,000.
What does the Act say about the participation
of the family, students, teachers, and school
authorities in the enforcement of the new
drug laws?

A. THE FAMILY being the basic unit of the Filipino society shall be primarily responsible
for the education and awareness of the members of the family on the ill effects of
dangerous drugs and close monitoring of its members who may be susceptible to
drug abuse
B. ALL STUDENT COUNCILS AND CAMPUS ORGANIZATIONS of elementary, secondary,
and tertiary schools shall include in their activities a program for the prevention of
and deterrence in the use of dangerous drugs, as well as referrals for treatment
and rehabilitation of students for drug dependence.
C. CURRICULA of all elementary, secondary, and tertiary public and
private schools-whether general, technical, vocational, or agro-
industrial-shall integrate instruction on drug abuse prevention and
control. Such instruction shall include:

1) Adverse effects of the abuse and misuse of dangerous drugs on the

person, the family, the school, and the community;
2) Preventive measures against drug abuse
3) Health, socio-cultural, psychological, legal, and economic dimensions
and implications of the drug problem;
4) Steps to take when intervention on behalf of a drug dependent is
needed, as well as the services available for the treatment and
rehabilitation of drug dependents; and
5) Misconceptions about the use of dangerous drugs such as, but not
limited to, the importance and safety of dangerous drugs for medical
and therapeutic use as well as the differentiation between medical
patients and drug dependents in order to avoid confusion and
accidental stigmatization in the consciousness of the students.
 ALL HEADS, SUPERVISORS AND TEACHERS OF
SCHOOLS

shall deemed persons in authority and, as

such, are hereby empowered to
apprehend, arrest, or cause the
apprehension or arrest of any person who
shall violate any of the said provisions.
They shall be deemed persons in authority
if they are in the school or within its
immediate vicinity, or even beyond such
immediate vicinity if they are in
attendance at any school or class function
in their official capacity as school heads,
supervisors, and teachers.
It establishes the Dangerous Drugs
Board which is a policy making
and strategy formulating body in
planning and formulation of
policies and programs on drug
prevention and control.

It also creates PDEA (Philippine

Drug Enforcement Agency) which
is responsible for the efficient and
effective law enforcement of all
The End
Thank
You !