RA 9165
ComprehensiveDangerous
Drugs Act of 2002 An Overview
Presented by:
Erwin April C. Midsapak
Anna Maria R. Midsapak
Lady Ann L. Tablatin
Roxanne Danica G. Dizon
• It is the policy of the State:

1. to safeguard the integrity of its territory & the well-being of its

citizenry, particularly the youth, from the harmful effects of dangerous
drugs on their physical & mental well-being, and
2. to defend the same against acts or omissions detrimental to their
development and preservation 
Unlawful Acts and Penalties
• Section 4. Importation of Dangerous Drugs &/or Controlled Precursors
& Essential Chemicals.
• Offenders: Penalty:1.
1. Importer Life to Death + P500k-P10M2.
2. Importer Death + P10M
using Diplomatic Passport
3. Financier, Organizer, Death + P10M Manager of Importation
4. Protector/Coddler 12y1d to 20y + P100k to P500k
Unlawful Acts and Penalties 
• Sec. 5
Acts: Penalty:
Sale Life to Death +
Trade P500k-P10M
Distribute
Deliver
Transport
Broker
Sec 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution &
Transportation of Dangerous Drugs &/or
Controlled Precursors & Essential Chemicals
• Elements:
1. Identity of the buyer and the seller, the object, and the
consideration
2. Delivery of the thing sold and the payment thereof
Unlawful Acts and Penalties
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution &
Transportation of Dangerous Drugs &/or Controlled Precursors & Essential
Chemicals
Maximum Penalty Imposed on :
1. Committed within 100m from a school
2. Use of minors or mentally incapacitated persons as runners, couriers &
messengers, or in any other capacity
3. If the victim is a minor or mentally incapacitated
4. Dangerous drug is the proximate cause of death of victim
5. Organizer, Manages the unlawful acts, financier
Protector/Coddler - 12y1d to 20y + P100k to P500k
Unlawful Acts and Penalties
• Sec 6. Maintenance of a Den, Dive or ResortDen, Dive or Resort - A
place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form.
• -Life to death + P500k – P10M fine Caters to minor clients
• – Death + P10M fine Financier - Death + P10M fine Protector/Coddler
- 12 years 1 day – 20 years + P100k - P500k fineClient dies – Death +
P1M - P15M fine* den/dive/resort shall be confiscated in favor of
government
Unlawful Acts and Penalties
• Section 7. Employees and Visitors of a Den, Dive or Resort
Imprisonment: 12y 1d - 20y + Fine: P100k - P500k

(a) Any employee of a den, dive or resort, who is aware of the nature
of the place as such; and
(b) (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
Unlawful Acts and Penalties
• Sec. 11 Possession of Dangerous Drugs (See Sec. 13)
• Life Imprisonment to Death and a Fine P500k - P10M
• Any person, who, unless authorized by law, shall possess * any
dangerous drug in the following quantities, regardless of the degree
of purity
Elements:
1. Person is in possession which is identified to be a prohibited drug
2. Such possession is not authorized by law
3. Person freely & consciously possessed the said prohibited drug
• ► (1) 10 grams or more of opium;
• ► (2) 10 grams or more of morphine;
• ► (3) 10 grams or more of heroin;
• ► (4) 10 grams or more of cocaine 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; and
• ► (8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine
(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,
as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. 13
Unlawful Acts and Penalties
• Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs.
• (See Sec. 14)Imprisonment:
• 6 months & 1 day – 4 years Fine: P10k - P50k
• Any person, who, unless authorized by law, shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: xxx The possession of such xxx
shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug
and shall be presumed to have violated Section 15 of this Act.
Unlawful Acts and Penalties
• 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
minimum of 6 months REHABILITATION in a government center for the first offense
16
• Use of Dangerous Drugs
• If apprehended using any dangerous drug for the second time, he/she shall suffer
the penalty of Imprisonment 6 years & 1 day to12 years + Fine P50k to
P200kProvided, That 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 11 of this Act, in which case the provisions stated
therein shall apply.
Other Unlawful Acts
• Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
• Sec 18. Unnecessary Prescription of Dangerous Drugs
• Sec 19. Unlawful Prescription of Dangerous Drugs
• Sec 37. Issuance of False or Fraudulent Drug Test Results
• Sec 26. Attempt or Conspiracy.
• Any attempt or conspiracy to commit the following unlawful acts shall be penalized by
the same penalty prescribed for the commission of the same:(a) Importation;(b) Sale,
trading, administration, dispensation, delivery, distribution and transportation;(c)
Maintenance of a den, dive or resort where any dangerous drug is used in any form;(d)
Manufacture of any dangerous drug and/or controlled precursor and essential
chemical; and(e) Cultivation or culture of plants which are sources of dangerous drugs.
Other Unlawful Acts
• Sec 27. Public Officer or Employee is criminally liable for Misappropriation,
Misapplication or Failure to Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or Properties Obtained from the
Unlawful Act Committed
Any elective local or national official found:1. To have benefited from the
proceeds of the trafficking of dangerous drugs, or2. To have received any
financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the
government, its divisions, subdivisions, and intermediaries, including GOCCs 24
Other Unlawful Acts
Section 29. Criminal Liability for Planting of Evidence. Any person who is
found guilty of "planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity, shall
suffer the penalty of DEATH.
Planting of Evidence - 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 in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or imputing the
commission of any violation of this Act.
Other Unlawful Acts
Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in
Testifying as Prosecution Witnesses in Dangerous Drugs Cases who, after due notice, fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings, involving violations of this Act, without any valid
reason
-Imprisonment of 12y & 1d - 20y + Fine of P500k in addition to the administrative liability he/she maybe meted out by his/her
immediate superior and/or appropriate body.
The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the
preceding paragraph, if despite due notice to them and to the witness concerned, the former does not exert reasonable
effort to present the latter to the court
-Imprisonment of 2m & 1d to 6y + Fine of P10k to P50k in addition, perpetual absolute disqualification from public office .
The member of the law enforcement agency shall not be transferred or re-assigned to any other government office located in
another territorial jurisdiction during the pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or re-assigned for compelling reasons:
Provided, That immediate superior shall notify the court where the case is pending of the order to transfer or re-assign,
within 24 hours from its approval; Should immediate superior fail to notify the court of such order to transfer or re-assign :
Imprisonment of 2m & 1d to 6yFine of P10k to P50kin addition, perpetual absolute disqualification from public office
Other Unlawful Acts
 
Sec 92. Delay & Bungling in Prosecution of Drug Cases
Any government officer or employee tasked with the
prosecution of drug-related cases under this act, who, through
patent laxity, inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cases:
Imprisonment 12y & 1d to 20 years without prejudice to
his/her prosecution under the pertinent provisions of the
Revised Penal Code.