ARTICLE I (h) Controlled Precursors and Essential Chemicals.

–
Include those listed in Tables I and II of the 1988 UN
Definition of terms Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached
Section 3. Definitions. As used in this Act, the following annex, which is an integral part of this Act.
terms shall mean:
(i) Cultivate or Culture. – Any act of knowingly planting,
(a) Administer. – Any act of introducing any dangerous growing, raising, or permitting the planting, growing or
drug into the body of any person, with or without raising of any plant which is the source of a dangerous
his/her knowledge, by injection, inhalation, ingestion or drug.
other means, or of committing any act of indispensable
assistance to a person in administering a dangerous (j) Dangerous Drugs. – Include those listed in the
drug to himself/herself unless administered by a duly Schedules annexed to the 1961 Single Convention on
licensed practitioner for purposes of medication. Narcotic Drugs, as amended by the 1972 Protocol, and
in the Schedules annexed to the 1971 Single Convention
(b) Board. - Refers to the Dangerous Drugs Board under on Psychotropic Substances as enumerated in the
Section 77, Article IX of this Act. attached annex which is an integral part of this Act.

(c) Centers. - Any of the treatment and rehabilitation (k) Deliver. – Any act of knowingly passing a dangerous
centers for drug dependents referred to in Section 34, drug to another, personally or otherwise, and by any
Article VIII of this Act. means, with or without consideration.

(d) Chemical Diversion. – The sale, distribution, supply (l) Den, Dive or Resort. – A place where any dangerous
or transport of legitimately imported, in-transit, drug and/or controlled precursor and essential chemical
manufactured or procured controlled precursors and is administered, delivered, stored for illegal purposes,
essential chemicals, in diluted, mixtures or in distributed, sold or used in any form.
concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall (m) Dispense. – Any act of giving away, selling or
include packaging, repackaging, labeling, relabeling or distributing medicine or any dangerous drug with or
concealment of such transaction through fraud, without the use of prescription.
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud. (n) Drug Dependence. – As based on the World Health
Organization definition, it is a cluster of physiological,
(e) Clandestine Laboratory. – Any facility used for the behavioral and cognitive phenomena of variable
illegal manufacture of any dangerous drug and/or intensity, in which the use of psychoactive drug takes on
controlled precursor and essential chemical. a high priority thereby involving, among others, a strong
desire or a sense of compulsion to take the substance
(f) Confirmatory Test. – An analytical test using a device, and the difficulties in controlling substance-taking
tool or equipment with a different chemical or physical behavior in terms of its onset, termination, or levels of
principle that is more specific which will validate and use.
confirm the result of the screening test.
(o) Drug Syndicate. – Any organized group of two (2) or
(g) Controlled Delivery. – The investigative technique of more persons forming or joining together with the
allowing an unlawful or suspect consignment of any intention of committing any offense prescribed under
dangerous drug and/or controlled precursor and this Act.
essential chemical, equipment or paraphernalia, or
property believed to be derived directly or indirectly (p) Employee of Den, Dive or Resort. – The caretaker,
from any offense, to pass into, through or out of the helper, watchman, lookout, and other persons working
country under the supervision of an authorized officer, in the den, dive or resort, employed by the maintainer,
with a view to gathering evidence to identify any person owner and/or operator where any dangerous drug
involved in any dangerous drugs related offense, or to and/or controlled precursor and essential chemical is
facilitate prosecution of that offense. administered, delivered, distributed, sold or used, with
or without compensation, in connection with the plant and seeds thereof, and all its geographic varieties,
operation thereof. whether as a reefer, resin, extract, tincture or in any
form whatsoever.
(q) Financier. – Any person who pays for, raises or
supplies money for, or underwrites any of the illegal (w) Methylenedioxymethamphetamine (MDMA) or
activities prescribed under this Act. commonly known as "Ecstasy", or by its any other name.
– Refers to the drug having such chemical composition,
(r) Illegal Trafficking. – The illegal cultivation, culture, including any of its isomers or derivatives in any form.
delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation, (x) Methamphetamine Hydrochloride or commonly
exportation and possession of any dangerous drug known as "Shabu", "Ice", "Meth", or by its any other
and/or controlled precursor and essential chemical. name. – Refers to the drug having such chemical
composition, including any of its isomers or derivatives
(s) Instrument. – Any thing that is used in or intended to in any form.
be used in any manner in the commission of illegal drug
trafficking or related offenses. (y) Opium. – Refers to the coagulated juice of the opium
poppy (Papaver somniferum L.) and embraces every
(t) Laboratory Equipment. – The paraphernalia, kind, class and character of opium, whether crude or
apparatus, materials or appliances when used, intended prepared; the ashes or refuse of the same; narcotic
for use or designed for use in the manufacture of any preparations thereof or therefrom; morphine or any
dangerous drug and/or controlled precursor and alkaloid of opium; preparations in which opium,
essential chemical, such as reaction vessel, morphine or any alkaloid of opium enters as an
preparative/purifying equipment, fermentors, ingredient; opium poppy; opium poppy straw; and
separatory funnel, flask, heating mantle, gas generator, leaves or wrappings of opium leaves, whether prepared
or their substitute. for use or not.

(u) Manufacture. – The production, preparation, (z) Opium Poppy. – Refers to any part of the plant of the
compounding or processing of any dangerous drug species Papaver somniferum L., Papaver setigerum DC,
and/or controlled precursor and essential chemical, Papaver orientale, Papaver bracteatum and Papaver
either directly or indirectly or by extraction from rhoeas, which includes the seeds, straws, branches,
substances of natural origin, or independently by means leaves or any part thereof, or substances derived
of chemical synthesis or by a combination of extraction therefrom, even for floral, decorative and culinary
and chemical synthesis, and shall include any packaging purposes.
or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of its (aa) PDEA. – Refers to the Philippine Drug Enforcement
container; except that such terms do not include the Agency under Section 82, Article IX of this Act.
preparation, compounding, packaging or labeling of a
drug or other substances by a duly authorized (bb) Person. – Any entity, natural or juridical, including
practitioner as an incident to his/her administration or among others, a corporation, partnership, trust or
dispensation of such drug or substance in the course of estate, joint stock company, association, syndicate, joint
his/her professional practice including research, venture or other unincorporated organization or group
teaching and chemical analysis of dangerous drugs or capable of acquiring rights or entering into obligations.
such substances that are not intended for sale or for any
other purpose. (cc) Planting of Evidence. – The willful act by any person
of maliciously and surreptitiously inserting, placing,
(v) Cannabis or commonly known as "Marijuana" or adding or attaching directly or indirectly, through any
"Indian Hemp" or by its any other name. – Embraces overt or covert act, whatever quantity of any dangerous
every kind, class, genus, or specie of the plant Cannabis drug and/or controlled precursor and essential chemical
sativa L. including, but not limited to, Cannabis in the person, house, effects or in the immediate vicinity
americana, hashish, bhang, guaza, churrus and ganjab, of an innocent individual for the purpose of implicating,
and embraces every kind, class and character of incriminating or imputing the commission of any
marijuana, whether dried or fresh and flowering, violation of this Act.
flowering or fruiting tops, or any part or portion of the
(dd) Practitioner. – Any person who is a licensed penalty of life imprisonment to death and a ranging
physician, dentist, chemist, medical technologist, nurse, from Five hundred thousand pesos (P500,000.00) to Ten
midwife, veterinarian or pharmacist in the Philippines. million pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import
(ee) Protector/Coddler. – Any person who knowingly or bring into the Philippines any dangerous drug,
and willfully consents to the unlawful acts provided for regardless of the quantity and purity involved, including
in this Act and uses his/her influence, power or position any and all species of opium poppy or any part thereof
in shielding, harboring, screening or facilitating the or substances derived therefrom even for floral,
escape of any person he/she knows, or has reasonable decorative and culinary purposes.
grounds to believe on or suspects, has violated the
provisions of this Act in order to prevent the arrest, The penalty of imprisonment ranging from twelve (12)
prosecution and conviction of the violator. years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos
(ff) Pusher. – Any person who sells, trades, administers, (P100,000.00) to Five hundred thousand pesos
dispenses, delivers or gives away to another, on any (P500,000.00) shall be imposed upon any person, who,
terms whatsoever, or distributes, dispatches in transit or unless authorized by law, shall import any controlled
transports dangerous drugs or who acts as a broker in precursor and essential chemical.
any of such transactions, in violation of this Act.
The maximum penalty provided for under this Section
(gg) School. – Any educational institution, private or shall be imposed upon any person, who, unless
public, undertaking educational operation for authorized under this Act, shall import or bring into the
pupils/students pursuing certain studies at defined Philippines any dangerous drug and/or controlled
levels, receiving instructions from teachers, usually precursor and essential chemical through the use of a
located in a building or a group of buildings in a diplomatic passport, diplomatic facilities or any other
particular physical or cyber site. means involving his/her official status intended to
facilitate the unlawful entry of the same. In addition, the
(hh) Screening Test. – A rapid test performed to diplomatic passport shall be confiscated and canceled.
establish potential/presumptive positive result.
The maximum penalty provided for under this Section
(ii) Sell. – Any act of giving away any dangerous drug shall be imposed upon any person, who organizes,
and/or controlled precursor and essential chemical manages or acts as a "financier" of any of the illegal
whether for money or any other consideration. activities prescribed in this Section.

(jj) Trading. – Transactions involving the illegal trafficking The penalty of twelve (12) years and one (1) day to
of dangerous drugs and/or controlled precursors and twenty (20) years of imprisonment and a fine ranging
essential chemicals using electronic devices such as, but from One hundred thousand pesos (P100,000.00) to
not limited to, text messages, email, mobile or landlines, Five hundred thousand pesos (P500,000.00) shall be
two-way radios, internet, instant messengers and chat imposed upon any person, who acts as a
rooms or acting as a broker in any of such transactions "protector/coddler" of any violator of the provisions
whether for money or any other consideration in under this Section.
violation of this Act.
Section 5. Sale, Trading, Administration, Dispensation,
(kk) Use. – Any act of injecting, intravenously or Delivery, Distribution and Transportation of Dangerous
intramuscularly, of consuming, either by chewing, Drugs and/or Controlled Precursors and Essential
smoking, sniffing, eating, swallowing, drinking or Chemicals. - The penalty of life imprisonment to death
otherwise introducing into the physiological system of and a fine ranging from Five hundred thousand pesos
the body, and of the dangerous drugs (P500,000.00) to Ten million pesos (P10,000,000.00)
ARTICLE II shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense,
Unlawful Acts and Penalties deliver, give away to another, distribute dispatch in
transit or transport any dangerous drug, including any
Section 4. Importation of Dangerous Drugs and/or and all species of opium poppy regardless of the
Controlled Precursors and Essential Chemicals.- .The
quantity and purity involved, or shall act as a broker in any person or group of persons who shall maintain a
any of such transactions. 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 The penalty of imprisonment ranging from twelve (12)
ranging from One hundred thousand pesos years and one (1) day to twenty (20) years and a fine
(P100,000.00) to Five hundred thousand pesos ranging from One hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, (P100,000.00) to Five hundred thousand pesos
unless authorized by law, shall sell, trade, administer, (P500,000.00) shall be imposed upon any person or
dispense, deliver, give away to another, distribute, group of persons who shall maintain a den, dive, or
dispatch in transit or transport any controlled precursor resort where any controlled precursor and essential
and essential chemical, or shall act as a broker in such chemical is used or sold in any form.
transactions.
The maximum penalty provided for under this Section
If the sale, trading, administration, dispensation, shall be imposed in every case where any dangerous
delivery, distribution or transportation of any dangerous drug is administered, delivered or sold to a minor who is
drug and/or controlled precursor and essential chemical allowed to use the same in such a place.
transpires within one hundred (100) meters from the
school, the maximum penalty shall be imposed in every Should any dangerous drug be the proximate cause of
case. the death of a person using the same in such den, dive
or resort, the penalty of death and a fine ranging from
For drug pushers who use minors or mentally One million (P1,000,000.00) to Fifteen million pesos
incapacitated individuals as runners, couriers and (P500,000.00) shall be imposed on the maintainer,
messengers, or in any other capacity directly connected owner and/or operator.
to the dangerous drugs and/or controlled precursors
and essential chemical trade, the maximum penalty If such den, dive or resort is owned by a third person,
shall be imposed in every case. the same shall be confiscated and escheated in favor of
the government: Provided, That the criminal complaint
If the victim of the offense is a minor or a mentally shall specifically allege that such place is intentionally
incapacitated individual, or should a dangerous drug used in the furtherance of the crime: Provided, further,
and/or a controlled precursor and essential chemical That the prosecution shall prove such intent on the part
involved in any offense herein provided be the of the owner to use the property for such purpose:
proximate cause of death of a victim thereof, the Provided, finally, That the owner shall be included as an
maximum penalty provided for under this Section shall accused in the criminal complaint.
be imposed.
The maximum penalty provided for under this Section
The maximum penalty provided for under this Section shall be imposed upon any person who organizes,
shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal
manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
activities prescribed in this Section.
The penalty twelve (12) years and one (1) day to twenty
The penalty of twelve (12) years and one (1) day to (20) years of imprisonment and a fine ranging from One
twenty (20) years of imprisonment and a fine ranging hundred thousand pesos (P100,000.00) to Five hundred
from One hundred thousand pesos (P100,000.00) to thousand pesos (P500,000.00) shall be imposed upon
Five hundred thousand pesos (P500,000.00) shall be any person, who acts as a "protector/coddler" of any
imposed upon any person, who acts as a violator of the provisions under this Section.
"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
Section 6. Maintenance of a Den, Dive or Resort. - The twelve (12) years and one (1) day to twenty (20) years
penalty of life imprisonment to death and a fine ranging and a fine ranging from One hundred thousand pesos
from Five hundred thousand pesos (P500,000.00) to Ten (P100,000.00) to Five hundred thousand pesos
million pesos (P10,000,000.00) shall be imposed upon (P500,000.00) shall be imposed upon:
 The penalty of twelve (12) years and one (1) day to
(a) Any employee of a den, dive or resort, who is aware twenty (20) years of imprisonment and a fine ranging
of the nature of the place as such; and from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be
(b) Any person who, not being included in the provisions imposed upon any person, who acts as a
of the next preceding, paragraph, is aware of the nature "protector/coddler" of any violator of the provisions
of the place as such and shall knowingly visit the same under this Section.

Section 8. Manufacture of Dangerous Drugs and/or Section 9. Illegal Chemical Diversion of Controlled
Controlled Precursors and Essential Chemicals. - The Precursors and Essential Chemicals. - The penalty of
penalty of life imprisonment to death and a fine ranging imprisonment ranging from twelve (12) years and one
Five hundred thousand pesos (P500,000.00) to Ten (1) day to twenty (20) years and a fine ranging from One
million pesos (P10,000,000.00) shall be imposed upon hundred thousand pesos (P100,000.00) to Five hundred
any person, who, unless authorized by law, shall engage thousand pesos (P500,000.00) shall be imposed upon
in the manufacture of any dangerous drug. any person, who, unless authorized by law, shall illegally
divert any controlled precursor and essential chemical.
The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine Section 10. Manufacture or Delivery of Equipment,
ranging from One hundred thousand pesos Instrument, Apparatus, and Other Paraphernalia for
(P100,000.00) to Five hundred thousand pesos Dangerous Drugs and/or Controlled Precursors and
(P500,000.00) shall be imposed upon any person, who, Essential Chemicals. - The penalty of imprisonment
unless authorized by law, shall manufacture any ranging from twelve (12) years and one (1) day to
controlled precursor and essential chemical. twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
The presence of any controlled precursor and essential thousand pesos (P500,000.00) shall be imposed upon
chemical or laboratory equipment in the clandestine any person who shall deliver, possess with intent to
laboratory is a prima facie proof of manufacture of any deliver, or manufacture with intent to deliver
dangerous drug. It shall be considered an aggravating equipment, instrument, apparatus and other
circumstance if the clandestine laboratory is undertaken paraphernalia for dangerous drugs, knowing, or under
or established under the following circumstances: circumstances where one reasonably should know, that
it will be used to plant, propagate, cultivate, grow,
(a) Any phase of the manufacturing process was harvest, manufacture, compound, convert, produce,
conducted in the presence or with the help of minor/s: process, prepare, test, analyze, pack, repack, store,
contain or conceal any dangerous drug and/or
(b) Any phase or manufacturing process was established controlled precursor and essential chemical in violation
or undertaken within one hundred (100) meters of a of this Act.
residential, business, church or school premises;
The penalty of imprisonment ranging from six (6)
(c) Any clandestine laboratory was secured or protected months and one (1) day to four (4) years and a fine
with booby traps; ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed if it will
(d) Any clandestine laboratory was concealed with be used to inject, ingest, inhale or otherwise introduce
legitimate business operations; or into the human body a dangerous drug in violation of
this Act.
(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 uses a minor or
The maximum penalty provided for under this Section a mentally incapacitated individual to deliver such
shall be imposed upon any person, who organizes, equipment, instrument, apparatus and other
manages or acts as a "financier" of any of the illegal paraphernalia for dangerous drugs.
activities prescribed in this Section.
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 "shabu", or other dangerous drugs such as, but not
million pesos (P10,000,000.00) shall be imposed upon limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB,
any person, who, unless authorized by law, shall possess and those similarly designed or newly introduced drugs
any dangerous drug in the following quantities, and their derivatives, without having any therapeutic
regardless of the degree of purity thereof: value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams
(1) 10 grams or more of opium; or more but less than five (hundred) 500) grams of
marijuana; and
(2) 10 grams or more of morphine;
(3) Imprisonment of twelve (12) years and one (1) day to
(3) 10 grams or more of heroin; twenty (20) years and a fine ranging from Three
hundred thousand pesos (P300,000.00) to Four hundred
(4) 10 grams or more of cocaine or cocaine thousand pesos (P400,000.00), if the quantities of
hydrochloride; dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride,
(5) 50 grams or more of methamphetamine marijuana resin or marijuana resin oil,
hydrochloride or "shabu"; methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or
(6) 10 grams or more of marijuana resin or marijuana "ecstasy", PMA, TMA, LSD, GHB, and those similarly
resin oil; designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if
(7) 500 grams or more of marijuana; and the quantity possessed is far beyond therapeutic
requirements; or less than three hundred (300) grams of
(8) 10 grams or more of other dangerous drugs such as, marijuana.
but not limited to, methylenedioxymethamphetamine
(MDA) or "ecstasy", paramethoxyamphetamine (PMA), Section 12. Possession of Equipment, Instrument,
trimethoxyamphetamine (TMA), lysergic acid Apparatus and Other Paraphernalia for Dangerous
diethylamine (LSD), gamma hydroxyamphetamine Drugs. - The penalty of imprisonment ranging from six
(GHB), and those similarly designed or newly introduced (6) months and one (1) day to four (4) years and a fine
drugs and their derivatives, without having any ranging from Ten thousand pesos (P10,000.00) to Fifty
therapeutic value or if the quantity possessed is far thousand pesos (P50,000.00) shall be imposed upon any
beyond therapeutic requirements, as determined and person, who, unless authorized by law, shall possess or
promulgated by the Board in accordance to Section 93, have under his/her control any equipment, instrument,
Article XI of this Act. apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting,
Otherwise, if the quantity involved is less than the or introducing any dangerous drug into the body:
foregoing quantities, the penalties shall be graduated as Provided, That in the case of medical practitioners and
follows: various professionals who are required to carry such
equipment, instrument, apparatus and other
(1) Life imprisonment and a fine ranging from Four paraphernalia in the practice of their profession, the
hundred thousand pesos (P400,000.00) to Five hundred Board shall prescribe the necessary implementing
thousand pesos (P500,000.00), if the quantity of guidelines thereof.
methamphetamine hydrochloride or "shabu" is ten (10)
grams or more but less than fifty (50) grams; The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for
(2) Imprisonment of twenty (20) years and one (1) day any of the purposes enumerated in the preceding
to life imprisonment and a fine ranging from Four paragraph shall be prima facie evidence that the
hundred thousand pesos (P400,000.00) to Five hundred possessor has smoked, consumed, administered to
thousand pesos (P500,000.00), if the quantities of himself/herself, injected, ingested or used a dangerous
dangerous drugs are five (5) grams or more but less drug and shall be presumed to have violated Section 15
than ten (10) grams of opium, morphine, heroin, of this Act.
cocaine or cocaine hydrochloride, marijuana resin or
marijuana resin oil, methamphetamine hydrochloride or
Section 13. Possession of Dangerous Drugs During research purposes, or for the creation of new types of
Parties, Social Gatherings or Meetings. – Any person medicine, the Board shall prescribe the necessary
found possessing any dangerous drug during a party, or implementing guidelines for the proper cultivation,
at a social gathering or meeting, or in the proximate culture, handling, experimentation and disposal of such
company of at least two (2) persons, shall suffer the plants and materials.
maximum penalties provided for in Section 11 of this
Act, regardless of the quantity and purity of such The land or portions thereof and/or greenhouses on
dangerous drugs. which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless
Section 14. Possession of Equipment, Instrument, the owner thereof can prove lack of knowledge of such
Apparatus and Other Paraphernalia for Dangerous Drugs cultivation or culture despite the exercise of due
During Parties, Social Gatherings or Meetings. - The diligence on his/her part. If the land involved is part of
maximum penalty provided for in Section 12 of this Act the public domain, the maximum penalty provided for
shall be imposed upon any person, who shall possess or under this Section shall be imposed upon the offender.
have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for The maximum penalty provided for under this Section
smoking, consuming, administering, injecting, ingesting, shall be imposed upon any person, who organizes,
or introducing any dangerous drug into the body, during manages or acts as a "financier" of any of the illegal
parties, social gatherings or meetings, or in the activities prescribed in this Section.
proximate company of at least two (2) persons.
The penalty of twelve (12) years and one (1) day to
Section 15. Use of Dangerous Drugs. – A person twenty (20) years of imprisonment and a fine ranging
apprehended or arrested, who is found to be positive from One hundred thousand pesos (P100,000.00) to
for use of any dangerous drug, after a confirmatory test, Five hundred thousand pesos (P500,000.00) shall be
shall be imposed a penalty of a minimum of six (6) imposed upon any person, who acts as a
months rehabilitation in a government center for the "protector/coddler" of any violator of the provisions
first offense, subject to the provisions of Article VIII of under this Section.
this Act. If apprehended using any dangerous drug for
the second time, he/she shall suffer the penalty of Section 17. Maintenance and Keeping of Original
imprisonment ranging from six (6) years and one (1) day Records of Transactions on Dangerous Drugs and/or
to twelve (12) years and a fine ranging from Fifty Controlled Precursors and Essential Chemicals. - The
thousand pesos (P50,000.00) to Two hundred thousand penalty of imprisonment ranging from one (1) year and
pesos (P200,000.00): Provided, That this Section shall one (1) day to six (6) years and a fine ranging from Ten
not be applicable where the person tested is also found thousand pesos (P10,000.00) to Fifty thousand pesos
to have in his/her possession such quantity of any (P50,000.00) shall be imposed upon any practitioner,
dangerous drug provided for under Section 11 of this manufacturer, wholesaler, importer, distributor, dealer
Act, in which case the provisions stated therein shall or retailer who violates or fails to comply with the
apply. maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled
Section 16. Cultivation or Culture of Plants Classified as precursor and essential chemical in accordance with
Dangerous Drugs or are Sources Thereof. - The penalty Section 40 of this Act.
of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten An additional penalty shall be imposed through the
million pesos (P10,000,000.00) shall be imposed upon revocation of the license to practice his/her profession,
any person, who shall plant, cultivate or culture in case of a practitioner, or of the business, in case of a
marijuana, opium poppy or any other plant regardless of manufacturer, seller, importer, distributor, dealer or
quantity, which is or may hereafter be classified as a retailer.
dangerous drug or as a source from which any
dangerous drug may be manufactured or derived: Section 18. Unnecessary Prescription of Dangerous
Provided, That in the case of medical laboratories and Drugs. – The penalty of imprisonment ranging from
medical research centers which cultivate or culture twelve (12) years and one (1) day to twenty (20) years
marijuana, opium poppy and other plants, or materials and a fine ranging from One hundred thousand pesos
of such dangerous drugs for medical experiments and (P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the forfeited property is a vehicle, the same shall be
revocation of his/her license to practice shall be auctioned off not later than five (5) days upon order of
imposed upon the practitioner, who shall prescribe any confiscation or forfeiture.
dangerous drug to any person whose physical or
physiological condition does not require the use or in During the pendency of the case in the Regional Trial
the dosage prescribed therein, as determined by the Court, no property, or income derived therefrom, which
Board in consultation with recognized competent may be confiscated and forfeited, shall be disposed,
experts who are authorized representatives of alienated or transferred and the same shall be in
professional organizations of practitioners, particularly custodia legis and no bond shall be admitted for the
those who are involved in the care of persons with release of the same.
severe pain.
The proceeds of any sale or disposition of any property
Section 19. Unlawful Prescription of Dangerous Drugs. – confiscated or forfeited under this Section shall be used
The penalty of life imprisonment to death and a fine to pay all proper expenses incurred in the proceedings
ranging from Five hundred thousand pesos for the confiscation, forfeiture, custody and
(P500,000.00) to Ten million pesos (P10,000,000.00) maintenance of the property pending disposition, as
shall be imposed upon any person, who, unless well as expenses for publication and court costs. The
authorized by law, shall make or issue a prescription or proceeds in excess of the above expenses shall accrue to
any other writing purporting to be a prescription for any the Board to be used in its campaign against illegal
dangerous drug. drugs.

Section 20. Confiscation and Forfeiture of the Proceeds Section 21. Custody and Disposition of Confiscated,
or Instruments of the Unlawful Act, Including the Seized, and/or Surrendered Dangerous Drugs, Plant
Properties or Proceeds Derived from the Illegal Sources of Dangerous Drugs, Controlled Precursors and
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Essential Chemicals. – Every penalty imposed for the Laboratory Equipment. – The PDEA shall take charge and
unlawful importation, sale, trading, administration, have custody of all dangerous drugs, plant sources of
dispensation, delivery, distribution, transportation or dangerous drugs, controlled precursors and essential
manufacture of any dangerous drug and/or controlled chemicals, as well as instruments/paraphernalia and/or
precursor and essential chemical, the cultivation or laboratory equipment so confiscated, seized and/or
culture of plants which are sources of dangerous drugs, surrendered, for proper disposition in the following
and the possession of any equipment, instrument, manner:
apparatus and other paraphernalia for dangerous drugs
including other laboratory equipment, shall carry with it (1) The apprehending team having initial custody and
the confiscation and forfeiture, in favor of the control of the drugs shall, immediately after seizure and
government, of all the proceeds and properties derived confiscation, physically inventory and photograph the
from the unlawful act, including, but not limited to, same in the presence of the accused or the person/s
money and other assets obtained thereby, and the from whom such items were confiscated and/or seized,
instruments or tools with which the particular unlawful or his/her representative or counsel, a representative
act was committed, unless they are the property of a from the media and the Department of Justice (DOJ),
third person not liable for the unlawful act, but those and any elected public official who shall be required to
which are not of lawful commerce shall be ordered sign the copies of the inventory and be given a copy
destroyed without delay pursuant to the provisions of thereof;
Section 21 of this Act.
(2) Within twenty-four (24) hours upon
After conviction in the Regional Trial Court in the confiscation/seizure of dangerous drugs, plant sources
appropriate criminal case filed, the Court shall of dangerous drugs, controlled precursors and essential
immediately schedule a hearing for the confiscation and chemicals, as well as instruments/paraphernalia and/or
forfeiture of all the proceeds of the offense and all the laboratory equipment, the same shall be submitted to
assets and properties of the accused either owned or the PDEA Forensic Laboratory for a qualitative and
held by him or in the name of some other persons if the quantitative examination;
same shall be found to be manifestly out of proportion
to his/her lawful income: Provided, however, That if the
(3) A certification of the forensic laboratory examination member of the public attorney's office to represent the
results, which shall be done under oath by the forensic former;
laboratory examiner, shall be issued within twenty-four
(24) hours after the receipt of the subject item/s: (7) After the promulgation and judgment in the criminal
Provided, That when the volume of the dangerous case wherein the representative sample/s was
drugs, plant sources of dangerous drugs, and controlled presented as evidence in court, the trial prosecutor shall
precursors and essential chemicals does not allow the inform the Board of the final termination of the case
completion of testing within the time frame, a partial and, in turn, shall request the court for leave to turn
laboratory examination report shall be provisionally over the said representative sample/s to the PDEA for
issued stating therein the quantities of dangerous drugs proper disposition and destruction within twenty-four
still to be examined by the forensic laboratory: Provided, (24) hours from receipt of the same; and
however, That a final certification shall be issued on the
completed forensic laboratory examination on the same (8) Transitory Provision: a) Within twenty-four (24)
within the next twenty-four (24) hours; hours from the effectivity of this Act, dangerous drugs
defined herein which are presently in possession of law
(4) After the filing of the criminal case, the Court shall, enforcement agencies shall, with leave of court, be
within seventy-two (72) hours, conduct an ocular burned or destroyed, in the presence of representatives
inspection of the confiscated, seized and/or surrendered of the Court, DOJ, Department of Health (DOH) and the
dangerous drugs, plant sources of dangerous drugs, and accused/and or his/her counsel, and, b) Pending the
controlled precursors and essential chemicals, including organization of the PDEA, the custody, disposition, and
the instruments/paraphernalia and/or laboratory burning or destruction of seized/surrendered dangerous
equipment, and through the PDEA shall within twenty- drugs provided under this Section shall be implemented
four (24) hours thereafter proceed with the destruction by the DOH.
or burning of the same, in the presence of the accused
or the person/s from whom such items were confiscated Section 22. Grant of Compensation, Reward and Award.
and/or seized, or his/her representative or counsel, a – The Board shall recommend to the concerned
representative from the media and the DOJ, civil society government agency the grant of compensation, reward
groups and any elected public official. The Board shall and award to any person providing information and to
draw up the guidelines on the manner of proper law enforcers participating in the operation, which
disposition and destruction of such item/s which shall results in the successful confiscation, seizure or
be borne by the offender: Provided, That those item/s surrender of dangerous drugs, plant sources of
of lawful commerce, as determined by the Board, shall dangerous drugs, and controlled precursors and
be donated, used or recycled for legitimate purposes: essential chemicals.
Provided, further, That a representative sample, duly
weighed and recorded is retained; Section 23. Plea-Bargaining Provision. – Any person
charged under any provision of this Act regardless of the
(5) The Board shall then issue a sworn certification as to imposable penalty shall not be allowed to avail of the
the fact of destruction or burning of the subject item/s provision on plea-bargaining.
which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court Section 24. Non-Applicability of the Probation Law for
having jurisdiction over the case. In all instances, the Drug Traffickers and Pushers. – Any person convicted for
representative sample/s shall be kept to a minimum drug trafficking or pushing under this Act, regardless of
quantity as determined by the Board; the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential
(6) The alleged offender or his/her representative or Decree No. 968, as amended.
counsel shall be allowed to personally observe all of the
above proceedings and his/her presence shall not Section 25. Qualifying Aggravating Circumstances in the
constitute an admission of guilt. In case the said Commission of a Crime by an Offender Under the
offender or accused refuses or fails to appoint a Influence of Dangerous Drugs. – Notwithstanding the
representative after due notice in writing to the accused provisions of any law to the contrary, a positive finding
or his/her counsel within seventy-two (72) hours before for the use of dangerous drugs shall be a qualifying
the actual burning or destruction of the evidence in aggravating circumstance in the commission of a crime
question, the Secretary of Justice shall appoint a by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be disqualified from holding any elective or appointive
applicable. positions in the government, its divisions, subdivisions,
and intermediaries, including government-owned or –
Section 26. Attempt or Conspiracy. – Any attempt or controlled corporations.
conspiracy to commit the following unlawful acts shall
be penalized by the same penalty prescribed for the Section 28. Criminal Liability of Government Officials
commission of the same as provided under this Act: and Employees. – The maximum penalties of the
unlawful acts provided for in this Act shall be imposed,
(a) Importation of any dangerous drug and/or controlled in addition to absolute perpetual disqualification from
precursor and essential chemical; any public office, if those found guilty of such unlawful
acts are government officials and employees.
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug Section 29. Criminal Liability for Planting of Evidence. –
and/or controlled precursor and essential chemical; Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and
(c) Maintenance of a den, dive or resort where any essential chemical, regardless of quantity and purity,
dangerous drug is used in any form; shall suffer the penalty of death.

(d) Manufacture of any dangerous drug and/or Section 30. Criminal Liability of Officers of Partnerships,
controlled precursor and essential chemical; and Corporations, Associations or Other Juridical Entities. –
In case any violation of this Act is committed by a
(e) Cultivation or culture of plants which are sources of partnership, corporation, association or any juridical
dangerous drugs. entity, the partner, president, director, manager, trustee,
estate administrator, or officer who consents to or
Section 27. Criminal Liability of a Public Officer or knowingly tolerates such violation shall be held
Employee for Misappropriation, Misapplication or criminally liable as a co-principal.
Failure to Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of The penalty provided for the offense under this Act shall
Dangerous Drugs, Controlled Precursors and Essential be imposed upon the partner, president, director,
Chemicals, Instruments/Paraphernalia and/or manager, trustee, estate administrator, or officer who
Laboratory Equipment Including the Proceeds or knowingly authorizes, tolerates or consents to the use of
Properties Obtained from the Unlawful Act Committed. a vehicle, vessel, aircraft, equipment or other facility, as
– The penalty of life imprisonment to death and a fine an instrument in the importation, sale, trading,
ranging from Five hundred thousand pesos administration, dispensation, delivery, distribution,
(P500,000.00) to Ten million pesos (P10,000,000.00), in transportation or manufacture of dangerous drugs, or
addition to absolute perpetual disqualification from any chemical diversion, if such vehicle, vessel, aircraft,
public office, shall be imposed upon any public officer or equipment or other instrument is owned by or under
employee who misappropriates, misapplies or fails to the control or supervision of the partnership,
account for confiscated, seized or surrendered corporation, association or juridical entity to which they
dangerous drugs, plant sources of dangerous drugs, are affiliated.
controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory Section 31. Additional Penalty if Offender is an Alien. –
equipment including the proceeds or properties In addition to the penalties prescribed in the unlawful
obtained from the unlawful acts as provided for in this act committed, any alien who violates such provisions of
Act. this Act shall, after service of sentence, be deported
immediately without further proceedings, unless the
Any elective local or national official found to have penalty is death.
benefited from the proceeds of the trafficking of
dangerous drugs as prescribed in this Act, or have Section 32. Liability to a Person Violating Any Regulation
received any financial or material contributions or Issued by the Board. – The penalty of imprisonment
donations from natural or juridical persons found guilty ranging from six (6) months and one (1) day to four (4)
of trafficking dangerous drugs as prescribed in this Act, years and a fine ranging from Ten thousand pesos
shall be removed from office and perpetually (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
be imposed upon any person found violating any
regulation duly issued by the Board pursuant to this Act, Section 34. Termination of the Grant of Immunity. – The
in addition to the administrative sanctions imposed by immunity granted to the informant or witness, as
the Board. prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the information
Section 33. Immunity from Prosecution and and/or testimony is false, malicious or made only for the
Punishment. – Notwithstanding the provisions of purpose of harassing, molesting or in any way
Section 17, Rule 119 of the Revised Rules of Criminal prejudicing the persons described in the preceding
Procedure and the provisions of Republic Act No. 6981 Section against whom such information or testimony is
or the Witness Protection, Security and Benefit Act of directed against. In such case, the informant or witness
1991, any person who has violated Sections 7, 11, 12, shall be subject to prosecution and the enjoyment of all
14, 15, and 19, Article II of this Act, who voluntarily rights and benefits previously accorded him under this
gives information about any violation of Sections 4, 5, 6, Act or any other law, decree or order shall be deemed
8, 10, 13, and 16, Article II of this Act as well as any terminated.
violation of the offenses mentioned if committed by a
drug syndicate, or any information leading to the In case an informant or witness under this Act fails or
whereabouts, identities and arrest of all or any of the refuses to testify without just cause, and when lawfully
members thereof; and who willingly testifies against obliged to do so, or should he/she violate any condition
such persons as described above, shall be exempted accompanying such immunity as provided above,
from prosecution or punishment for the offense with his/her immunity shall be removed and he/she shall
reference to which his/her information of testimony likewise be subject to contempt and/or criminal
were given, and may plead or prove the giving of such prosecution, as the case may be, and the enjoyment of
information and testimony in bar of such prosecution: all rights and benefits previously accorded him under
Provided, That the following conditions concur: this Act or in any other law, decree or order shall be
deemed terminated.
(1) The information and testimony are necessary for the
conviction of the persons described above; In case the informant or witness referred to under this
Act falls under the applicability of this Section hereof,
(2) Such information and testimony are not yet in the such individual cannot avail of the provisions under
possession of the State; Article VIII of this Act.

(3) Such information and testimony can be corroborated Section 35. Accessory Penalties. – A person convicted
on its material points; under this Act shall be disqualified to exercise his/her
civil rights such as but not limited to, the rights of
(4) the informant or witness has not been previously parental authority or guardianship, either as to the
convicted of a crime involving moral turpitude, except person or property of any ward, the rights to dispose of
when there is no other direct evidence available for the such property by any act or any conveyance inter vivos,
State other than the information and testimony of said and political rights such as but not limited to, the right
informant or witness; and to vote and be voted for. Such rights shall also be
suspended during the pendency of an appeal from such
(5) The informant or witness shall strictly and faithfully conviction.
comply without delay, any condition or undertaking,
reduced into writing, lawfully imposed by the State as
further consideration for the grant of immunity from
prosecution and punishment.

Provided, further, That this immunity may be enjoyed by