REPUBLIC ACT No.

9165       June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT
OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED...

Congress of the Philippines

Twelfth Congress
First Regular Session

REPUBLIC ACT NO. 9165       June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT

OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN
AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress

Section 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

integrity of its territory and the well-being of its citizenry particularly the youth,
from the harmful effects of dangerous drugs on their physical and mental well-
being, and to defend the same against acts or omissions detrimental to their
development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one
of today's more serious social ills.

Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other similar
substances through an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve 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, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or

measures to re-integrate into society individuals who have fallen victims to
drug abuse or dangerous drug dependence through sustainable programs of
treatment and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

(a) Administer. – Any act of introducing any dangerous drug into the body of
any person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable assistance
to a person in administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of medication.

(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX
of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug
dependents referred to in Section 34, Article VIII of this Act.

(d) Chemical Diversion. – The sale, distribution, supply or transport of

legitimately imported, in-transit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud, destruction of documents,
fraudulent use of permits, misdeclaration, use of front companies or mail fraud.

(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of
any dangerous drug and/or controlled precursor and essential chemical.

(f) Confirmatory Test. – An analytical test using a device, tool or equipment

with a different chemical or physical principle that is more specific which will
validate and confirm the result of the screening test.

(g) Controlled Delivery. – The investigative technique of allowing an unlawful or

suspect consignment of any dangerous drug and/or controlled precursor and
essential chemical, equipment or paraphernalia, or property believed to be
derived directly or indirectly from any offense, to pass into, through or out of
the country under the supervision of an authorized officer, with a view to
gathering evidence to identify any person involved in any dangerous drugs
related offense, or to facilitate prosecution of that offense.

(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 attached annex,
which is an integral part of this Act.

(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or

permitting the planting, growing or raising of any plant which is the source of a
dangerous 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 attached annex which is an integral part of
this Act.

(k) Deliver. – Any act of knowingly passing a dangerous drug to another,

personally or otherwise, and by any means, with or without consideration.

(l) Den, 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.

(m) Dispense. – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.

(n) Drug Dependence. – As based on the World Health Organization definition,

it is a cluster of physiological, behavioral and cognitive phenomena of variable
intensity, in which the use of psychoactive drug takes on a high priority thereby
involving, among others, a strong desire or a sense of compulsion to take the
substance and the difficulties in controlling substance-taking behavior in terms
of its onset, termination, or levels of use.

(o) Drug Syndicate. – Any organized group of two (2) or more persons forming
or joining together with the intention of committing any offense prescribed
under this Act.

(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman,

lookout, and other persons working in the den, dive or resort, employed by the
maintainer, owner and/or operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, distributed, sold or
used, with or without compensation, in connection with the operation thereof.

(q) Financier. – Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under this Act.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration,

dispensation, manufacture, sale, trading, transportation, distribution,
importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.

(s) Instrument. – Any thing that is used in or intended to be used in any

manner in the commission of illegal drug trafficking or related offenses.

(t) Laboratory Equipment. – The paraphernalia, apparatus, materials or

appliances when used, intended for use or designed for use in the
manufacture of any dangerous drug and/or controlled precursor and essential
chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute.

(u) Manufacture. – The production, preparation, compounding or processing of

any dangerous drug and/or controlled precursor and essential chemical, either
directly or indirectly or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any packaging or
repackaging of such substances, design or configuration of its form, or labeling
or relabeling of its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug or other substances
by a duly authorized practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis of dangerous
drugs or such substances that are not intended for sale or for any other
purpose.

(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its

any other name. – Embraces every kind, class, genus, or specie of the plant
Cannabis sativa L. including, but not limited to, Cannabis americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind, class and
character of marijuana, whether dried or fresh and flowering, flowering or
fruiting tops, or any part or portion of the plant and seeds thereof, and all its
geographic varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever.

(w) Methylenedioxymethamphetamine (MDMA) or commonly known as

"Ecstasy", or by its any other name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice",

"Meth", or by its any other name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.

(y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver
somniferum L.) and embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium;
preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.

(z) Opium Poppy. – Refers to any part of the plant of the species Papaver
somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum
and Papaver rhoeas, which includes the seeds, straws, branches, leaves or
any part thereof, or substances derived therefrom, even for floral, decorative
and culinary purposes.

(aa) PDEA. – Refers to the Philippine 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,
syndicate, joint venture or other unincorporated organization or group capable
of acquiring rights or entering into obligations.

(cc) 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.

(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist,

medical technologist, nurse, midwife, veterinarian or pharmacist in the
Philippines.

(ee) Protector/Coddler. – Any person who knowingly and willfully consents to

the unlawful acts provided for in this Act and uses his/her influence, power or
position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects,
has violated the provisions of this Act in order to prevent the arrest,
prosecution and conviction of the violator.

(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any terms whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.

(gg) School. – Any educational institution, private or public, undertaking

educational operation for pupils/students pursuing certain studies at defined
levels, receiving instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.

(hh) Screening Test. – A rapid test performed to establish

potential/presumptive positive result.

(ii) Sell. – Any act of giving away any dangerous drug and/or controlled
precursor and essential chemical whether for money or any other
consideration.

(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs

and/or controlled precursors and essential chemicals using electronic devices
such as, but not limited to, text messages, email, mobile or landlines, two-way
radios, internet, instant messengers and chat rooms or acting as a broker in
any of such transactions whether for money or any other consideration in
violation of this Act.
(kk) Use. – Any act of injecting, intravenously or intramuscularly, of
consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking
or otherwise introducing into the physiological system of the body, and of the
dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals.- .The penalty of life imprisonment to death and a ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall import or bring into the Philippines any dangerous drug,
regardless of the quantity and purity involved, including any and all species of
opium poppy or any part thereof or substances derived therefrom even for
floral, decorative and culinary purposes.

The penalty of imprisonment ranging from twelve (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) shall be
imposed upon any person, who, unless authorized by law, shall import any
controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon
any person, who, unless authorized under this Act, shall import or bring into
the Philippines any dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.

The maximum penalty provided for under this Section shall be imposed upon
any person, who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

The penalty of 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) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.

Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution

and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug, including any
and all species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions.

The penalty of imprisonment ranging from twelve (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) shall be
imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any controlled precursor and essential chemical, or shall
act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as

runners, couriers and messengers, or in any other capacity directly connected
to the dangerous drugs and/or controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or

should a dangerous drug and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this Section shall be
imposed.

The maximum penalty provided for under this Section shall be imposed upon
any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

The penalty of 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) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.

Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person or group of persons who shall maintain a den, dive or resort where
any dangerous drug is used or sold in any form.

The penalty of imprisonment ranging from twelve (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) shall be
imposed upon any person or group of persons who shall maintain a den, dive,
or resort where any controlled precursor and essential chemical is used or sold
in any form.

The maximum penalty provided for under this Section shall be imposed in
every case where any dangerous drug is administered, delivered or sold to a
minor who is allowed to use the same in such a place.

Should any dangerous drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.

If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally used
in the furtherance of the crime: Provided, further, That the prosecution shall
prove such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in
the criminal complaint.

The maximum penalty provided for under this Section shall be imposed upon
any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

The penalty 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) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.

Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of

imprisonment ranging from twelve (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) shall be imposed upon:

(a) Any employee of a den, dive or resort, who is aware of the nature of
the place as such; and

(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

Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals. - The penalty of life imprisonment to death and a fine
ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (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) shall be
imposed upon any person, who, unless authorized by law, shall manufacture
any controlled precursor and essential chemical.

The presence of any controlled precursor and essential chemical or laboratory

equipment in the clandestine laboratory is a prima facie proof of manufacture
of any dangerous drug. It shall be considered an aggravating circumstance if
the clandestine laboratory is undertaken or established under the following
circumstances:

(a) Any phase of the manufacturing process was conducted in the

presence or with the help of minor/s:

(b) Any phase or manufacturing process was established or undertaken

within one hundred (100) meters of a residential, business, church or
school premises;

(c) Any clandestine laboratory was secured or protected with booby

traps;

(d) Any clandestine laboratory was concealed with legitimate business

operations; or

(e) Any employment of a practitioner, chemical engineer, public official

or foreigner.

The maximum penalty provided for under this Section shall be imposed upon
any person, who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

The penalty of 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) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator of
the provisions under this Section.

Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential

Chemicals. - The penalty of imprisonment ranging from twelve (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)
shall be imposed upon any person, who, unless authorized by law, shall
illegally divert any controlled precursor and essential chemical.

Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and

Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of imprisonment ranging from twelve (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) shall be imposed upon any person who shall deliver, possess
with intent to deliver, or manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia for dangerous drugs, knowing,
or under circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or
conceal any dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to
four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject,
ingest, inhale or otherwise introduce into the human body a dangerous drug in
violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon
any person, who uses a minor or a mentally incapacitated individual to deliver
such equipment, instrument, apparatus and other paraphernalia for dangerous
drugs.

Section 11. Possession of Dangerous Drugs. - The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall possess any dangerous drug
in the following quantities, regardless of the degree of purity thereof:

(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.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand
pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if
the quantity of methamphetamine hydrochloride or "shabu" is ten (10)
grams or more but less than fifty (50) grams;

(2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, 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; and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from Three hundred thousand pesos
(P300,000.00) to Four hundred thousand pesos (P400,000.00), if the
quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy",
PMA, TMA, LSD, 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.

Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon 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: Provided, That in
the case of medical practitioners and various professionals 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.

The possession of such equipment, instrument, apparatus and other

paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph 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.

Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings

or Meetings. – Any person found possessing any dangerous drug during a
party, or at a social gathering or meeting, or in the proximate company of at
least two (2) persons, shall suffer the maximum penalties provided for in
Section 11 of this Act, regardless of the quantity and purity of such dangerous
drugs.

Section 14. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. - The maximum penalty provided for in Section 12 of this Act shall
be imposed upon any person, who 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, during parties, social gatherings or meetings, or
in the proximate company of at least two (2) persons.

Section 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,