Reinald Raven L Guerrero Atty.

Marjorie Leigh Montero-Llano

Father Saturnino Urios University Legal Research Instructor
College of Law Legal Reseach

SUMMARY OF THE PROVISIONS ON THE PROHIBITED ACTS UNDER RA 9165,

OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

PROVISION PUNISHABLE ACTS PENALTY

Section 4 Importation of any dangerous drug, regardless of the quantity Life imprisonment Death;
Importation of Dangerous Drugs and purity involved, including any and all species of opium and a fine of P500,000.00- P10,000,000.00
and/or Controlled Precursors and poppy or any part thereof or substances derived therefrom
Essential Chemicals even for floral, decorative and culinary purposes.
Importation any controlled precursor and essential chemical. Imprisonment of 12 and 1 day- 20 years and a
fine of P100,000.00 to P500,000.00
Acting as a "protector/coddler" of any violator of the provisions Imprisonment of 12 and 1 day- 20 years and a
under this Section fine of P100,000.00 to P500,000.00
Use of a diplomatic passport, diplomatic facilities or any Maximum penalty provided therefore;
other means involving his/her official status intended to Diplomatic passport shall be confiscated and
facilitate the unlawful entry of the same. canceled (For diplomats).
Financier
Section 5 Selling, trading, administering, dispensing, delivering, giving Life imprisonment Death;
Sale, Trading, Administration, away to another, distribute dispatch in transit or transport any and a fine of P500,000.00- P10,000,000.00
Dispensation, Delivery, dangerous drug, including any and all species of opium poppy
Distribution and Transportation of regardless of the quantity and purity involved, or shall act as a
Dangerous Drugs and/or broker in any of such transactions.
Controlled Precursors and Selling, trading, administering, dispensing, delivering, giving Imprisonment of 12 and 1 day- 20 years and a
Essential Chemicals. away to another, distribute dispatch in transit or transport any fine of P100,000.00 to P500,000.00
controlled precursor and essential chemical, or shall act as a
broker in such transactions.
Acting as a "protector/coddler" of any violator of the provisions Imprisonment of 12 and 1 day- 20 years and a
under this Section fine of P100,000.00 to P500,000.00
If the act transpires within 100 meters from the school. Maximum penalty provided therefore;
Use of minors or mentally incapacitated individuals as
runners, couriers and messengers, or in any other capacity
directly.
If the victim is a minor or a mentally incapacitated individual,
or the use of it is the proximate cause of death of a victim.
Financier
Section 6 Maintenance a den, dive or resort where any dangerous drug Life imprisonment Death;
Maintenance of a Den, Dive or is used or sold in any form. and a fine of P500,000.00- P10,000,000.00
Resort. Maintenance a den, dive or resort where any controlled Imprisonment of 12 and 1 day- 20 years and a
precursor and essential chemical is being sold. fine of P100,000.00 to P500,000.00
Should any dangerous drug be the proximate cause of the Death and a fine of P1,000,000.00 P15,000,000
death of a person using the same in such den, dive or resort,
Acting as a "protector/coddler" of any violator of the provisions Imprisonment of 12 and 1 day- 20 years and a
under this Section fine of P100,000.00 to P500,000.00
If dangerous drug is administered, delivered or sold to a Maximum penalty provided therefore;
minor who is allowed to use the same in such a place.
Financier
Section 7 Employees and Visitors Being an employee of a den, dive or resort, who is aware of Imprisonment of 12 and 1 day- 20 years and a
of a Den, Dive or Resort. the nature of the place as such; and knowingly visiting the fine of P100,000.00 to P500,000.00
same being aware of the nature of the place.
Section 8 Manufacture of Engaging in the manufacture of any dangerous drug. Life imprisonment Death; and a fine of
Dangerous Drugs and/or P500,000.00- P10,000,000.00
Controlled Precursors and Engaging in the manufacture of any controlled precursor and Imprisonment of 12 and 1 day- 20 years and a
Essential Chemicals. essential chemical. fine of P100,000.00 to P500,000.00
Acting as a "protector/coddler" of any violator of the provisions Imprisonment of 12 and 1 day- 20 years and a
under this Section fine of P100,000.00 to P500,000.00
Acting as Financier Maximum penalty provided therefore;
Section 9. Illegal Chemical illegal diversion of any controlled precursor and essential Imprisonment of 12 and 1 day- 20 years and a
Diversion of Controlled Precursors chemical. fine of P100,000.00 to P500,000.00
and Essential Chemicals.
Section 10. Manufacture or Deliver, possess with intent to deliver, or manufacture with Imprisonment of 12 and 1 day- 20 years and a
Delivery of Equipment, intent to deliver equipment, instrument, apparatus and other fine of P100,000.00 to P500,000.00
Instrument, Apparatus, and Other paraphernalia for dangerous drugs, knowing, or under
Paraphernalia for Dangerous circumstances where one reasonably should know, that it will
Drugs and/or Controlled be used to plant, propagate, cultivate, grow, harvest,
Precursors and Essential manufacture, compound, convert, produce, process, prepare,
Chemicals. test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.
 Inject, ingest, inhale or otherwise introduce into the human Imprisonment of 6 months and 1 day to 4 years
body a dangerous drug in violation of this Act. and a fine P10,000.00 to P50,000.00
Use of a minor or a mentally incapacitated individual to deliver Maximum penalty provided therefore;
such equipment, instrument, apparatus and other
paraphernalia for dangerous drugs.
Section 11. Possession of Possession of: Life imprisonment Death; and a fine of
Dangerous Drugs (1) 10 grams or more of opium; P500,000.00- P10,000,000.00
(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.
If "shabu" is 10 grams or more but less than 50 grams Life imprisonment and a fine P400,000-
P500,000
If 5 grams or more but less than 10 grams of the Imprisonment of 20 years and 1 day to life
abovementioned drugs; or marijuana of 300 grams or more imprisonment and a fine P400,000-
but less than 500 grams. P500,000.00.
If less than 5 grams of the abovementioned drugs; or less 12 years and 1 day to 20 years and a fine
than 300 grams of marijuana. P300,000 P400,000
Section 12. Possession of Possession of any equipment, instrument, apparatus and Imprisonment of 6 months and 1 day to 4 years
Equipment, Instrument, Apparatus other paraphernalia fit or intended for smoking, consuming, and a fine P10,000-P50,000
and Other Paraphernalia for administering, injecting, ingesting, or introducing any
Dangerous Drugs. dangerous drug into the body
Section 13. Possession of Possession of any dangerous drug during a party, or at a Maximum penalties provided for in Section 11
Dangerous Drugs During Parties, social gathering or meeting, or in the proximate company of at
Social Gatherings or Meetings. least 2 persons
Section 14. Possession of possess of any equipment, instrument, apparatus and other Maximum penalties provided for in Section 12
Equipment, Instrument, Apparatus paraphernalia fit or intended for smoking, consuming,
and Other Paraphernalia for administering, injecting, ingesting, or introducing any
Dangerous Drugs During Parties, dangerous drug into the body, during parties, social gatherings
Social Gatherings or Meetings or meetings, or in the proximate company of at least 2 persons.
Section 15. Use of Dangerous Found to be positive for use of any dangerous drug, after a First Offense: at least 6 months rehabilitation in
Drugs. confirmatory test a government
Second Offense: Imprisonment 6 years and 1
day to 12 years and a fine ranging from
P50,000.00- P200,000.00
Section 16. Cultivation or Culture Planting, cultivation or culture marijuana, opium poppy or any Life imprisonment Death; and a fine of
of Plants Classified as Dangerous other plant regardless of quantity, which is classified as a P500,000.00- P10,000,000.00
Drugs or are Sources Thereof. dangerous drug or as a source from which any dangerous drug
may be manufactured or derived
Acting as a "protector/coddler" of any violator of the provisions Imprisonment of 12 and 1 day- 20 years and a
under this Section fine of P100,000.00 to P500,000.00
Acting as Financier Maximum penalty provided therefore;
Section 17. Maintenance and Any practitioner, manufacturer, wholesaler, importer, 1 year and 1 day to 6 years and a fine
Keeping of Original Records of distributor, dealer or retailer who violates or fails to comply with P10,000.00- P50,000.00
Transactions on Dangerous Drugs the maintenance and keeping of the original records of Revocation of the license to practice his/her
and/or Controlled Precursors and transactions on any dangerous drug and/or controlled profession in case of practitioner
Essential Chemicals. precursor and essential chemical
Section 18. Unnecessary Prescribe any dangerous drug to any person whose physical 12 years and 1 day to 20 years and a fine
Prescription of Dangerous Drugs or physiological condition does not require the use or in the P100,000.00- P500,000 Revocation of his/her
dosage prescribed license to practice
Section 19. Unlawful Prescription Make or issue a prescription or any other writing purporting to life imprisonment to death and a fine
of Dangerous Drugs. be a prescription for any dangerous drug. P500,000.00- P10,000,000.00.