1. Short Title. – This Act shall be known and cited as the “Comprehensive Dangerous Drugs Act of 2002” . Section 2. Declaration of Policy. – It is the policy of the State to safeguard the unity of its district and the wellbeing of its people peculiarly the young person. from the harmful effects of unsafe drugs on their physical and mental wellbeing. and to support the same against Acts of the Apostless or skips detrimental to their development and saving. In position of the foregoing. the State demands to heighten farther the efficaciousness of the jurisprudence against unsafe drugs. it being one of today’s more serious societal ailments.
Toward this terminal. the authorities shall prosecute an intensive and grim run against the trafficking and usage of unsafe drugs and other similar substances through an incorporate system of planning. execution and enforcement of anti-drug maltreatment policies. plans. and undertakings. The authorities shall nevertheless take to accomplish a balance in the national drug control plan so that people with legitimate medical demands are non prevented from being treated with equal sums of appropriate medicines. which include the usage of unsafe drugs. It is further declared the policy of the State to supply effectual mechanisms or steps to re-integrate into society persons who have fallen victims to drug maltreatment or unsafe drug dependance through sustainable plans of intervention and rehabilitation.
Definition of footings
Section 3. Definitions. As used in this Act. the undermentioned footings shall intend: ( a ) Administer. – Any act of presenting any unsafe drug into the organic structure of any individual. with or without his/her cognition. by injection. inspiration. consumption or other agencies. or of perpetrating any act of indispensable aid to a individual in administrating a unsafe drug to himself/herself unless administered by a duly licensed practician for intents of medicine. ( B ) Board. – Refers to the Dangerous Drugs Board under Section 77. Article IX of this Act. ( degree Celsius ) Centers. – Any of the intervention and rehabilitation centres for drug dependants referred to in Section 34. Article VIII of this Act. ( vitamin D ) Chemical Diversion. – The sale. distribution. supply or conveyance of lawfully imported. in-transit. manufactured or procured controlled precursors and indispensable chemicals. in diluted. mixtures or in concentrated signifier. to any individual or entity engaged in the industry of any unsafe drug. and shall include packaging. repackaging. labeling. relabeling or privacy of such dealing through fraud. devastation of paperss. deceitful usage of licenses. misdeclaration. usage of forepart companies or mail fraud.
( vitamin E ) Clandestine Laboratory. – Any installation used for the illegal industry of any unsafe drug and/or controlled precursor and indispensable chemical. ( degree Fahrenheit ) Confirmatory Test. – An analytical trial utilizing a device. tool or equipment with a different chemical or physical rule that is more specific which will formalize and corroborate the consequence of the screening trial. ( g ) Controlled Delivery. – The fact-finding technique of leting an improper or fishy cargo of any unsafe drug and/or controlled precursor and indispensable chemical. equipment or gear. or belongings believed to be derived straight or indirectly from any discourtesy. to go through into. through or out of the state under the supervising of an authorised officer. with a position to garnering grounds to place any individual involved in any unsafe drugs related discourtesy. or to ease prosecution of that discourtesy. ( H ) Controlled Precursors and Essential Chemicals.
– Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the affiliated extension. which is an built-in portion of this Act. ( I ) Cultivate or Culture. – Any act of wittingly seting. turning. raising. or allowing the planting. turning or raising of any works which is the beginning of a unsafe drug. ( J ) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs. as amended by the 1972 Protocol. and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the affiliated extension which is an built-in portion of this Act. ( K ) Deliver. – Any act of wittingly go throughing a unsafe drug to another. personally or otherwise. and by any agencies. with or without consideration. ( cubic decimeter ) Den. Dive or Resort. – A topographic point where any unsafe drug and/or controlled precursor and indispensable chemical is administered. delivered. stored for illegal intents. distributed. sold or used in any signifier. ( m ) Dispense. – Any act of giving off. merchandising or administering medical specialty or any unsafe drug with or without the usage of prescription.
( N ) Drug Dependence. – As based on the World Health Organization definition. it is a bunch of physiological. behavioural and cognitive phenomena of variable strength. in which the usage of psychotropic drug takes on a high precedence thereby affecting. among others. a strong desire or a sense of irresistible impulse to take the substance and the troubles in commanding substance-taking behaviour in footings of its oncoming. expiration. or degrees of usage. ( o ) Drug Syndicate. – Any organized group of two ( 2 ) or more individuals organizing or fall ining together with the purpose of perpetrating any offense prescribed under this Act. ( P ) Employee of Den. Dive or Resort. – The caretaker. assistant. watcher. sentinel. and other individuals working in the lair. honkytonk or resort. employed by the upholder. proprietor and/or operator where any unsafe drug and/or controlled precursor and indispensable chemical is administered. delivered. distributed. sold or used. with or without compensation. in connexion with the operation thereof. ( Q ) Financier. – Any individual who pays for. rises or supplies money for. or underwrites any of the illegal activities prescribed under this Act.
( R ) Illegal Trafficking. – The illegal cultivation. civilization. bringing. disposal. dispensation. industry. sale. trading. transit. distribution. importing. exportation and ownership of any unsafe drug and/or controlled precursor and indispensable chemical. ( s ) Instrument. – Any thing that is used in or intended to be used in any mode in the committee of illegal drug trafficking or related discourtesies. ( T ) Laboratory Equipment. – The gear. setup. stuffs or contraptions when used. intended for usage or designed for usage in the industry of any unsafe drug and/or controlled precursor and indispensable chemical. such as reaction vas. preparative/purifying equipment. fermentors. separatory funnel. flask. heating mantle. gas generator. or their replacement.
( U ) Industry. – The production. readying. intensifying or processing of any unsafe drug and/or controlled precursor and indispensable chemical. either straight or indirectly or by extraction from substances of natural beginning. or independently by agencies of chemical synthesis or by a combination of extraction and chemical synthesis. and shall include any packaging or repackaging of such substances. design or constellation of its signifier. or labeling or relabeling of its container ; except that such footings do non include the readying. intensifying. packaging or labeling of a drug or other substances by a duly authorised practician as an incident to his/her disposal or dispensation of such drug or substance in the class of his/her professional pattern including research. instruction and chemical analysis of unsafe drugs or such substances that are non intended for sale or for any other intent. ( V ) Cannabis or normally known as “Marijuana” or “Indian Hemp” or by its any other name.
– Embraces every sort. category. genus. or coinage of the works Cannabis sativa L. including. but non limited to. Cannabis Americana. hasheesh. bhang. guaza. churrus and ganjab. and embraces every sort. category and character of marihuana. whether dried or fresh and blooming. blossoming or fruiting tops. or any portion or part of the works and seeds thereof. and all its geographic assortments. whether as a joint. rosin. infusion. tincture or in any signifier whatsoever. ( tungsten ) Methylenedioxymethamphetamine ( MDMA ) or normally known as “Ecstasy” . or by its any other name. – Refers to the drug holding such chemical composing. including any of its isomers or derived functions in any signifier. ( ten ) Methamphetamine Hydrochloride or normally known as “Shabu” . “Ice” . “Meth” . or by its any other name. – Refers to the drug holding such chemical composing. including any of its isomers or derived functions in any signifier.
( Y ) Opium. – Refers to the curdled juice of the opium poppy ( Papaver somniferum L. ) and embraces every sort. category and character of opium. whether petroleum or prepared ; the ashes or garbage of the same ; narcotic readyings thereof or therefrom ; morphia or any alkaloid of opium ; readyings in which opium. morphia or any alkaloid of opium enters as an ingredient ; opium poppy ; opium poppy straw ; and leaves or wrappers of opium foliages. whether prepared for usage or non. ( omega ) Opium Poppy. – Refers to any portion of the works of the species Papaver somniferum L. . Papaver setigerum DC. Papaver orientale. Papaver bracteatum and Papaver rhoeas. which includes the seeds. straws. subdivisions. foliages or any portion thereof. or substances derived therefrom. even for flowered. cosmetic and culinary intents. ( aa ) PDEA. – Refers to the Filipino Drug Enforcement Agency under Section 82. Article IX of this Act. ( BB ) Person.
– Any entity. natural or juridical. including among others. a corporation. partnership. trust or estate. joint stock company. association. mob. joint venture or other unincorporated organisation or group capable of geting rights or come ining into duties. ( milliliter ) Planting of Evidence. – The wilful act by any individual of maliciously and sneakily infixing. puting. adding or attaching straight or indirectly. through any overt or covert act. whatever measure of any unsafe drug and/or controlled precursor and indispensable chemical in the individual. house. effects or in the immediate locality of an guiltless person for the intent of implicating. implying or ascribing the committee of any misdemeanor of this Act. ( Doctor of Divinity ) Practitioner. – Any individual who is a accredited doctor. tooth doctor. chemist. medical engineer. nurse. accoucheuse. veterinarian or druggist in the Philippines. ( EE ) Protector/Coddler.
– Any individual who wittingly and wilfully consents to the improper Acts of the Apostless provided for in this Act and uses his/her influence. power or place in screening. harbouring. showing or easing the flight of any individual he/she knows. or has sensible evidences to believe on or suspects. has violated the commissariats of this Act in order to forestall the apprehension. prosecution and strong belief of the lawbreaker. ( ff ) Pusher. – Any individual who sells. trades. administers. dispenses. delivers or gives off to another. on any footings whatsoever. or distributes. despatchs in theodolite or conveyances unsafe drugs or who acts as a agent in any of such minutess. in misdemeanor of this Act. ( gg ) School. – Any educational establishment. private or public. undertaking educational operation for pupils/students prosecuting certain surveies at defined degrees. having instructions from instructors. normally located in a edifice or a group of edifices in a peculiar physical or cyber site. ( hh ) Screening Test.
– A rapid trial performed to set up potential/presumptive positive consequence. ( two ) Sell. – Any act of giving off any unsafe drug and/or controlled precursor and indispensable chemical whether for money or any other consideration. ( jj ) Trading. – Transactions affecting the illegal trafficking of unsafe drugs and/or controlled precursors and indispensable chemicals utilizing electronic devices such as. but non limited to. text messages. electronic mail. Mobile or land lines. bipartisan wirelesss. cyberspace. instant couriers and confab suites or moving as a agent in any of such minutess whether for money or any other consideration in misdemeanor of this Act. ( kk ) Use. – Any act of shooting. intravenously or intramuscularly. of devouring. either by masticating. smoke. sniffing. eating. swallowing. imbibing or otherwise presenting into the physiological system of the organic structure. and of the unsafe drugs.
Improper Acts and Punishments
Section 4. Importing of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. – . The punishment of life imprisonment to decease and a ranging from Five hundred 1000 pesos ( P500. 000. 00 ) to Ten million pesos ( P10. 000. 000. 00 ) shall be imposed upon any individual. who. unless authorized by jurisprudence. shall import or convey into the Philippines any unsafe drug. regardless of the measure and pureness involved. including any and all species of opium poppy or any portion thereof or substances derived thence even for flowered. cosmetic and culinary intents. The punishment of imprisonment runing from 12 ( 12 ) old ages and one ( 1 ) twenty-four hours to twenty ( 20 ) old ages and a all right ranging from One hundred 1000 pesos ( P100. 000. 00 ) to Five 100s thousand pesos ( P500. 000. 00 ) shall be imposed upon any individual. who. unless authorized by jurisprudence. shall import any controlled precursor and indispensable chemical.
The maximal punishment provided for under this Section shall be imposed upon any individual. who. unless authorized under this Act. shall import or convey into the Philippines any unsafe drug and/or controlled precursor and indispensable chemical through the usage of a diplomatic passport. diplomatic installations or any other agencies affecting his/her official position intended to ease the improper entry of the same. In add-on. the diplomatic passport shall be confiscated and canceled. The maximal punishment provided for under this Section shall be imposed upon any individual. who organizes. manages or Acts of the Apostless as a “financier” of any of the illegal activities prescribed in this Section. The punishment of 12 ( 12 ) old ages and one ( 1 ) twenty-four hours to twenty ( 20 ) old ages of imprisonment and a all right ranging from One hundred 1000 pesos ( P100. 000. 00 ) to Five 100s thousand pesos ( P500. 000. 00 ) shall be imposed upon any individual. who acts as a “protector/coddler” of any lawbreaker of the commissariats under this Section.