Comprehensive Dangerous Drugs Act of 2002
Comprehensive Dangerous Drugs Act of 2002
Act of 2002
Section 1: Short title
• Title: The Act is called 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.
Article, section 3: Definition of terms
• 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.
• Board. - Refers to the Dangerous Drugs Board under Section
77, Article IX of this Act.
• Centers. - Any of the treatment and rehabilitation centers
for drug dependents referred to in Section 34, Article VIII of
this Act.
• 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.
• Clandestine Laboratory. – Any facility used for the illegal
manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
• 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.
• 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.
• 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.
• 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.
• Deliver. – Any act of knowingly passing a dangerous drug to another, personally or
otherwise, and by any means, with or without consideration.
• 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.
• Dispense. – Any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription.
• 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.
• 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.
• 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.
• Financier. – Any person who pays for, raises or supplies money for, or underwrites
any of the illegal activities prescribed under this Act.
• 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.
• 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.
• 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.
• 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.
• 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.
• PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX
of this Act.
• 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.
• 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.
• 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 2: 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)
• 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
Article 3: Dangerous Drugs Test and Record
Requirements
• Authorized Drug Testing
– Applicants for driver's license.
– Applicants for firearm's license and for permit to carry
firearms outside of residence
– Students of secondary and tertiary schools
– Officers and employees of public and private offices.
– Officers and members of the military, police and other law
enforcement agencies.
– All candidates for public office whether appointed or elected
both in the national or local government shall undergo a
mandatory drug test.
Article 4: Participation of the Family,
Students, Teachers and School
Authorities in the Enforcement of this Act
Article 5
• Promotion of a National Drug-Free
Workplace Program With the Participation of
Private and Labor Sectors and the
Department of Labor and Employment
Article 6
• Participation of the Private and Labor Sectors
in the Enforcement of this Act
Article 7
• Participation of Local Government Units
Article 8
• Program for Treatment and Rehabilitation of
Drug Dependents
Article 9
• Dangerous Drugs Board and Philippine Drug
Enforcement Agency
• Section 77. The Dangerous Drugs Board. – The Board
shall be the policy-making and strategy-formulating
body in the planning and formulation of policies and
programs on drug prevention and control. It shall
develop and adopt a comprehensive, integrated,
unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of
the President.
• Section 78. Composition of the Board. – The Board shall be composed of seventeen (17) members
wherein three (3) of which are permanent members, the other twelve (12) members shall be in
an ex officio capacity and the two (2) shall be regular members.
• The three (3) permanent members, who shall possess at least seven-year training and experience
in the field of dangerous drugs and in any of the following fields: in law, medicine, criminology,
psychology or social work, shall be appointed by the President of the Philippines. The President
shall designate a Chairman, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years. Of the two (2) other members, who shall
both have the rank of undersecretary, one (1) shall serve for four (4) years and the other for two
(2) years. Thereafter, the persons appointed to succeed such members shall hold office for a term
of six (6) years and until their successors shall have been duly appointed and qualified.
• The other twelve (12) members who shall be ex officio members of the Board are the following:
• (1) Secretary of the Department of Justice or his/her representative;
• (2) Secretary of the Department of Health or his/her representative;
• (3) Secretary of the Department of National Defense or his/her representative;
• (4) Secretary of the Department of Finance or his/her representative;
• (5) Secretary of the Department of Labor and Employment or his/her representative;
• (6) Secretary of the Department of the Interior and Local Government or his/her representative;
• (7) Secretary of the Department of Social Welfare and Development or his/her representative;
• (8) Secretary of the Department of Foreign Affairs or his/her representative;
• (9) Secretary of the Department of Education or his/her representative;
• (10) Chairman of the Commission on Higher Education or his/her representative;
• (11) Chairman of the National Youth Commission;
• (12) Director General of the Philippine Drug Enforcement Agency.