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COMPREHENSIVE DANGEROUS DRUGS ACT

(RA 9165)
Sec. Crime Punishable Acts Who are Liable Qualifying Circumstances
1) Importing or bringing into the
1) If importation is done
Philippines any dangerous drug, regardless
through the use of a diplomatic
of the quantity and purity involved,
Importation of Dangerous passport, diplomatic facilities or
including any and all species of opium 1) Any person;
Drugs and/or Controlled any other means involving
4 poppy or any part thereof or substances 2) Financier;
Precursors and Essential his/her official status intended
derived therefrom even for floral, 3) Protector/Coddler
Chemicals to facilitate the unlawful entry
decorative and culinary purposes;
of the same;
2) Importing any controlled precursor (CP)
2) Acting as a financier
and essential chemical (EC).
1) If the transaction transpires
within 100 meters from the
school;
2) If the pushers use minors or
mentally incapacitated
Sale, Trading, 1) Selling, trading, administering,
individuals as runners, couriers
Administration, dispensing, delivering, giving away to
1) Any person and messengers, or in any other
Dispensation, Delivery, another, distributing dispatch in transit or
2) Any person who organizes, capacity directly connected to
Distribution and transporting any dangerous drug or any
5 manages or acts as a "financier" the dangerous drugs;
Transportation of Dangerous CP/EC;
of any of the illegal activities; 3) If the victim of the offense is
Drugs and/or Controlled 2) Acting as broker in any such
3) Protector/Coddler a minor or a mentally
Precursors and Essential transactions;
incapacitated individual;
Chemicals
4) If a DD/CP/EC be the
proximate cause of death of a
victim thereof;
5) Acting as financier

1) Where any dangerous drug is


administered, delivered or sold
to a minor who is allowed to use
1) Maintainer;
Maintenance of a Den, Dive Maintaining a den, dive or resort where any the same in such a place;
6 2) Owner; and/or
or Resort DD/CP/EC is used or sold in any form; 2) Should any dangerous drug
3) Operator
be the proximate cause of the
death of a person using the same
in such den, dive or resort
1) Being employed in a drug den, dive or
resort and being aware of the nature of the Employee
Employees and Visitors of a
7 place as such;
Den, Dive or Resort
2) Knowingly visiting the den, dive or
Any person
resort, being aware of its nature as such.
(AGGRAVATING)
1) Any phase of the
manufacturing process was
conducted in the presence or
with the help of minor/s:
2) Any phase or manufacturing
process was established or
1) Any person
undertaken within 100 meters of
Manufacture of Dangerous 2) Any person who organizes,
a residential, business, church or
Drugs and/or Controlled Engaging in the manufacture of any manages or acts as a "financier"
8 school premises;
Precursors and Essential DD/CP/EC of any of the illegal activities;
3) Any clandestine laboratory
Chemicals 3) Protector/Coddler
was secured or protected with
booby traps;
4) Any clandestine laboratory
was concealed with legitimate
business operations; or
5) Any employment of a
practitioner, chemical engineer,
public official or foreigner.
Illegal Chemical Diversion
Illegally diverting any controlled precursor
9 of Controlled Precursors and Any person
and essential chemical
Essential Chemicals
1) Delivering; 1) If it will be used to inject,
2) Possessing with intent to deliver; or ingest, inhale or otherwise
3) Manufacturing with intent to deliver: introduce into the human body a
Manufacture or Delivery of
equipment, instrument, apparatus and other dangerous drug;
Equipment, Instrument,
paraphernalia for dangerous drugs, 2) Using a minor or a mentally
Apparatus, and Other
knowing, or under circumstances where incapacitated individual to
10 Paraphernalia for Dangerous Any person
one reasonably should know, that it will be deliver such equipment,
Drugs and/or Controlled
used to plant, propagate, cultivate, grow, instrument, apparatus and other
Precursors and Essential
harvest, manufacture, compound, convert, paraphernalia for dangerous
Chemicals
produce, process, prepare, test, analyze, drugs.
pack, repack, store, contain or conceal any
DD and/or CP and EC.
Possession of Dangerous Possessing any dangerous drug in the Any person found possessing
11 Any person
Drugs specified quantities any dangerous drug during a
party, or at a social gathering or
meeting, or in the proximate
company of at least 2 persons.
Possessing or having under his/her control
If the equipment, etc. are
Possession of Equipment, any equipment, instrument, apparatus and
possessed during parties, social
Instrument, Apparatus and other paraphernalia fit or intended for
12 Any person gatherings or meetings, or in the
Other Paraphernalia for smoking, consuming, administering,
proximate company of at least 2
Dangerous Drugs injecting, ingesting, or introducing any
persons.
dangerous drug into the body.
Being found to be positive for use of any Any person apprehended or
15 Use of Dangerous Drugs
dangerous drug, after a confirmatory test arrested
1) Planting;
2) Cultivating; or 1) Any person
Cultivation or Culture of 3) Culturing marijuana, opium poppy or 2) Any person who organizes,
Plants Classified as any other plant regardless of quantity, manages or acts as a "financier"
16 Acting as financier
Dangerous Drugs or are which is or may hereafter be classified as a of any of the illegal activities;
Sources Thereof dangerous drug or as a source from which 3) Protector/Coddler
any dangerous drug may be manufactured
or derived.
1) Practitioner;
Maintenance and Keeping of
2) Manufacturer;
Original Records of 1) Violating; or
3) Wholesaler;
Transactions on Dangerous 2) Failing to comply with the maintenance
17 4) Importer;
Drugs and/or Controlled and keeping of the original records of
5) Distributor;
Precursors and Essential transactions on any DD and/or CP/EC.
6) Dealer; or
Chemicals
7) Retailer
Prescribing any dangerous drug to any
Unnecessary Prescription of person whose physical or physiological
18 Practitioner
Dangerous Drugs condition does not require the use or in the
dosage prescribed therein
Making or issuing a prescription or any
Unlawful Prescription of
19 other writing purporting to be a Any person
Dangerous Drugs
prescription for any dangerous drug.