REPUBLIC ACT 9165

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

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.
 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.

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
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.
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.
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.
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.
Screening Test. – A rapid test performed to establish potential/presumptive positive result.
Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.
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.
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.
 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,
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 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.
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 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,
shall be imposed a penalty of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the provisions of Article VIII
of this Act. If apprehended using any dangerous drug for the second time,
he/she shall suffer the penalty of imprisonment ranging from six (6) years and
one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That
this Section shall not be applicable where the person tested is also found to
have in his/her possession such quantity of any dangerous drug provided for
under Section 11 of this Act, in which case the provisions stated therein shall
apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - 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 shall plant, cultivate or culture
marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided,
That in the case of medical laboratories and medical research centers which cultivate or culture marijuana,
opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research
purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing
guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and
materials.

The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be
confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the
public domain, the maximum penalty provided for under this Section shall be imposed upon the offender.

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
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year
and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor,
dealer or retailer who violates or fails to comply with the maintenance and keeping of the original records
of transactions on any dangerous drug and/or controlled precursor and essential chemical in accordance
with Section 40 of this Act.

An additional penalty shall be imposed through the revocation of the license to practice his/her profession,
in case of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or
retailer.

Section 18. Unnecessary Prescription of Dangerous Drugs. – 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) and the additional penalty of the
revocation of his/her license to practice shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition does not require the use or in the
dosage prescribed therein, as determined by the Board in consultation with recognized competent experts
who are authorized representatives of professional organizations of practitioners, particularly those who
are involved in the care of persons with severe pain.
Section 19. Unlawful Prescription 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 make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum
penalties of the unlawful acts provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if those found guilty of such
unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or
Other Juridical Entities. – In case any violation of this Act is committed by a
partnership, corporation, association or any juridical entity, the partner, president,
director, manager, trustee, estate administrator, or officer who consents to or
knowingly tolerates such violation shall be held criminally liable as a co-principal.
Section 36. Authorized Drug Testing. – Authorized drug testing shall be done by any government
forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to
safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with
DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall
employ, among others, two (2) testing methods, the screening test which will determine the positive
result as well as the type of the drug used and the confirmatory test which will confirm a positive
screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-
year period from the date of issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:

(a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person unless
he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon
that he/she is free from the use of dangerous drugs;
(b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All applicants
for firearm's license and permit to carry firearms outside of residence shall undergo a mandatory drug
test to ensure that they are free from the use of dangerous drugs: Provided, That all persons who by the
nature of their profession carry firearms shall undergo drug testing;
(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as contained in the school's student handbook and with
notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses whether
in public or private schools under this Section will be borne by the government;
(d) Officers and employees of public and private offices. – Officers and
employees of public and private offices, whether domestic or overseas, shall be
subjected to undergo a random drug test as contained in the company's work
rules and regulations, which shall be borne by the employer, for purposes of
reducing the risk in the workplace. Any officer or employee found positive for
use of dangerous drugs shall be dealt with administratively which shall be a
ground for suspension or termination, subject to the provisions of Article 282 of
the Labor Code and pertinent provisions of the Civil Service Law;
(e) Officers and members of the military, police and other law enforcement
agencies. – Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test;
(f) All persons charged before the prosecutor's office with a criminal offense
having an imposable penalty of imprisonment of not less than six (6) years and
one (1) day shall have to undergo a mandatory drug test; and
(g) All candidates for public office whether appointed or elected both in the
national or local government shall undergo a mandatory drug test.
Section 38. Laboratory Examination or Test on Apprehended/Arrested
Offenders. – Subject to Section 15 of this Act, any person apprehended or
arrested for violating the provisions of this Act shall be subjected to screening
laboratory examination or test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable ground to believe that the
person apprehended or arrested, on account of physical signs or symptoms or
other visible or outward manifestation, is under the influence of dangerous
drugs. If found to be positive, the results of the screening laboratory
examination or test shall be challenged within fifteen (15) days after receipt of
the result through a confirmatory test conducted in any accredited analytical
laboratory equipment with a gas chromatograph/mass spectrometry
equipment or some such modern and accepted method, if confirmed the same
shall be prima facie evidence that such person has used dangerous drugs, which
is without prejudice for the prosecution for other violations of the provisions of
this Act: Provided, That a positive screening laboratory test must be confirmed
for it to be valid in a court of law.
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.