R.A. 9165 - Penalties

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

Acts Penalties Exception

Importation of any controlled precursor and essential chemical Imprisonment of 12 years and 1 day to 20 years
Section 4. and a fine raging from P100,000.00 to P500, Unless authorized by law.
000.00
Any person who acts as a "protector/coddler" of any violator of the provisions Imprisonment of 12 years and 1 day to 20 years
under this section. and a fine raging from P100,000.00 to P500,
000.00
import or bring into the Philippines any dangerous drug, regardless of the life imprisonment to death and a fineranging from
quantity and purity involved, including any and all species of opium poppy or any Five hundred thousand pesos (P500,000.00) to
Unless authorized by law.
part thereof or substances derived therefrom even for floral, decorative and Ten million pesos (P10,000,000.00)
culinary purposes
import or bring into the Philippines any dangerous drug and/or controlled Maximum penalty; In addition, the diplomatic
precursor and essential chemical through the use of a diplomatic passport, passport shall be confiscated and canceled.
Unless authorized by law.
diplomatic facilities or any other means involving his/her official status intended to
facilitate the unlawful entry of the same.
any person, who organizes, manages or acts as a "financier" of any of the illegal Maximum penalty
activities prescribed in this Section.
sell, trade, administer, dispense, deliver, give away to another, distribute, Imprisonment of 12 years and 1 day to 20 years
Section 5. dispatch in transit or transport any controlled precursor and essential chemical, and a fine raging from P100,000.00 to P500, Unless authorized by law.
or shall act as a broker in such transactions 000.00
Any person who acts as a "protector/coddler" of any violator of the provisions Imprisonment of 12 years and 1 day to 20 years
under this section. and a fine raging from P100,000.00 to P500,
000.00
sell, trade, administer, dispense, deliver, give away to another, distribute dispatch life imprisonment to death and a fineranging from
in transit or transport any dangerous drug, including any and all species of opium Five hundred thousand pesos (P500,000.00) to
Unless authorized by law.
poppy regardless of the quantity and purity involved, or shall act as a broker in Ten million pesos (P10,000,000.00)
any of such transactions
If the sale, trading, administration, dispensation, delivery, distribution or the maximum penalty shall be imposed in every
transportation of any dangerous drug and/or controlled precursor and essential case.
chemical transpires within one hundred (100) meters from the school,

For drug pushers who use minors or mentally incapacitated individuals as the maximum penalty shall be imposed in every
runners, couriers and messengers, or in any other capacity directly connected to case.
the dangerous drugs and/or controlled precursors and essential chemical trade,

If the victim of the offense is a minor or a mentally incapacitated individual, or the maximum penalty provided for under this
should a dangerous drug and/or a controlled precursor and essential chemical Section shall be imposed.
involved in any offense herein provided be the proximate cause of death of a
victim thereof,
any person who organizes, manages or acts as a "financier" of any of the illegal The maximum penalty provided for under this
activities prescribed in this Section Section shall be imposed.

Any person or group of persons who shall maintain a den, dive, or resort where Imprisonment of 12 years and 1 day to 20 years
Section 6. any controlled precursor and essential chemical is used or sold in any form. and a fine raging from P100,000.00 to P500,
000.00
Any person who acts as a "protector/coddler" of any violator of the provisions Imprisonment of 12 years and 1 day to 20 years
under this section. and a fine raging from P100,000.00 to P500,
000.00
any person or group of persons who shall maintain a den, dive or resort where life imprisonment to death and a fineranging from
any dangerous drug is used or sold in any form. Five hundred thousand pesos (P500,000.00) to
Ten million pesos (P10,000,000.00)
Should any dangerous drug be the proximate cause of the death of a person death and a fine ranging from One million (P1,
using the same in such den, dive or resort 000,000.00) to Fifteen million pesos (P500,
000.00); If such den, dive or resort is owned by a
third person, the same shall be confiscated and
escheated in favor of the government
any dangerous drug is administered, delivered or sold to a minor who is allowed the maximum penalty shall be imposed in every
to use the same in such a place. case.

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

Any employee of a den, dive or resort, who is aware of the nature of the place as Imprisonment of 12 years and 1 day to 20 years
Section 7. such; and a fine raging from P100,000.00 to P500,
000.00
Any person who, not being included in the provisions of the next preceding, Imprisonment of 12 years and 1 day to 20 years
paragraph, is aware of the nature of the place as such and shall knowingly visit and a fine raging from P100,000.00 to P500,
the same 000.00
Any person who shall manufacture any controlled precursor and essential Imprisonment of 12 years and 1 day to 20 years
Section 8. chemical. and a fine raging from P100,000.00 to P500, Unless authorized by law.
000.00
Any person who acts as a "protector/coddler" of any violator of the provisions Imprisonment of 12 years and 1 day to 20 years
under this section. and a fine raging from P100,000.00 to P500,
000.00
Any person who shall engage in the manufacture of any dangerous drug. life imprisonment to death and a fineranging from
Five hundred thousand pesos (P500,000.00) to Unless authorized by law.
Ten million pesos (P10,000,000.00)
Any person who organizes, manages or acts as a "financier" of any of the illegal The maximum penalty provided for under this
activities prescribed in this Section Section shall be imposed.

Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals Imprisonment of 12 years and 1 day to 20 years
Section 9. and a fine raging from P100,000.00 to P500, Unless authorized by law.
000.00
Acts Penalties Exception
if it will be used to inject, ingest, inhale or otherwise introduce into the human Imprisonment ranging from six (6) months and
body a dangerous drug in violation of this Act. one (1) day to four (4) years and a fine ranging
Section 10.
from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)
any person who shall deliver, possess with intent to deliver, or manufacture with Imprisonment of 12 years and 1 day to 20 years
intent to deliver equipment, instrument, apparatus and other paraphernalia for and a fine raging from P100,000.00 to P500,
dangerous drugs, knowing, or under circumstances where one reasonably 000.00
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.
any person, who uses a minor or a mentally incapacitated individual to deliver the maximum penalty provided for under this
such equipment, instrument, apparatus and other paraphernalia for dangerous Section shall be imposed.
drugs.

Possession of Dangerous Drugs - if the quantities of dangerous drugs are less Imprisonment of twelve (12) years and one (1)
than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, day to twenty (20) years and a fine ranging from
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or Three hundred thousand pesos (P300,000.00) to
"shabu", or other dangerous drugs such as, but not limited to, MDMA or Four hundred thousand pesos (P400,000.00)
Section 11. Unless authorized by law.
"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.
Possession of Dangerous Drugs - if the quantities of dangerous drugs are five (5) Imprisonment of twenty (20) years and one (1)
grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine day to life imprisonment and a fine ranging from
or cocaine hydrochloride, marijuana resin or marijuana resin oil, Four hundred thousand pesos (P400,000.00) to
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, Five hundred thousand pesos (P500,000.00)
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly Unless authorized by law.
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;
Possession of Dangerous Drugs - if the quantity of methamphetamine Life imprisonment and a fine ranging from Four
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams hundred thousand pesos (P400,000.00) to Five Unless authorized by law.
hundred thousand pesos (P500,000.00)
Possession of Dangerous Drugs. Any person, who, unless authorized by law, Life imprisonment to death and a fine ranging
shall possess any dangerous drug in the following quantities, regardless of the from Five hundred thousand pesos (P500,000.00) Unless authorized by law.
degree of purity thereof: ... to Ten million pesos (P10,000,000.00)
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for imprisonment ranging from six (6) months and
Dangerous Drugs. Any person, who, unless authorized by law, shall possess or one (1) day to four (4) years and a fine ranging
Section 12. have under his/her control any equipment, instrument, apparatus and other from Ten thousand pesos (P10,000.00) to Fifty Unless authorized by law.
paraphernalia fit or intended for smoking, consuming, administering, injecting, thousand pesos (P50,000.00)
ingesting, or introducing any dangerous drug into the body
Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. maximum penalties provided for in Section 11 of
Section 13. this Act, regardless of the quantity and purity of
such dangerous drugs.
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for The maximum penalty provided for in Section 12
Section 14.
Dangerous Drugs During Parties, Social Gatherings or Meetings. of this Act
A person apprehended or arrested, who is found to be positive for use of any minimum of six (6) months rehabilitation in a subject to the provisions of Article
Section 15.
dangerous drug, after a confirmatory test government center for the first offense VIII of this Act.
If apprehended using any dangerous drug for the second time imprisonment ranging from six (6) years and one where the person tested is also
(1) day to twelve (12) years and a fine ranging found to have in his/her
from Fifty thousand pesos (P50,000.00) to Two possession such quantity of any
hundred thousand pesos (P200,000.00) dangerous drug provided for
under Section 11 of this Act, in
which case the provisions stated
therein shall apply.

Any person who acts as a "protector/coddler" of any violator of the provisions Imprisonment of 12 years and 1 day to 20 years
Section 16. under this section. and a fine raging from P100,000.00 to P500,
000.00
Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Life imprisonment to death and a fine ranging
Thereof. from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00)
Any person who organizes, manages or acts as a "financier" of any of the illegal The maximum penalty provided for under this
activities prescribed in this Section Section shall be imposed.

Any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer Imprisonment ranging from one (1) year and one
who violates or fails to comply with the maintenance and keeping of the original (1) day to six (6) years and a fine ranging from
Section 17.
records of transactions on any dangerous drug and/or controlled precursor and Ten thousand pesos (P10,000.00) to Fifty
essential chemical in accordance with Section 40 of this Act. thousand pesos (P50,000.00)
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.
The practitioner, who shall prescribe any dangerous drug to any person whose Imprisonment ranging from twelve (12) years and
physical or physiological condition does not require the use or in the dosage one (1) day to twenty (20) years and a fine
prescribed therein, as determined by the Board in consultation with recognized ranging from One hundred thousand pesos
Section 18. competent experts who are authorized representatives of professional (P100,000.00) to Five hundred thousand pesos
organizations of practitioners, particularly those who are involved in the care of (P500,000.00) and the additional penalty of the
persons with severe pain. revocation of his/her license to practice shall be
imposed upon the practitioner
Any person who shall make or issue a prescription or any other writing purporting Life imprisonment to death and a fine ranging
Section 19. to be a prescription for any dangerous drug. from Five hundred thousand pesos (P500,000.00) Unless authorized by law.
to Ten million pesos (P10,000,000.00)
Acts Penalties Exception
Every penalty imposed for the unlawful importation, sale, trading, administration, shall carry with it the confiscation and forfeiture, in
dispensation, delivery, distribution, transportation or manufacture of any favor of the government, of all the proceeds and
dangerous drug and/or controlled precursor and essential chemical, the properties derived from the unlawful act,
cultivation or culture of plants which are sources of dangerous drugs, and the including, but not limited to, money and other
possession of any equipment, instrument, apparatus and other paraphernalia for assets obtained thereby, and the instruments or
Section 20. dangerous drugs including other laboratory equipment, tools with which the particular unlawful act was
committed, unless they are the property of a third
person not liable for the unlawful act, but those
which are not of lawful commerce shall be
ordered destroyed without delay pursuant to the
provisions of Section 21 of this Act.
any public officer or employee who misappropriates, misapplies or fails to life imprisonment to death and a fine ranging from
account for confiscated, seized or surrendered dangerous drugs, plant sources of Five hundred thousand pesos (P500,000.00) to
Section 27. dangerous drugs, controlled precursors and essential chemicals, Ten million pesos (P10,000,000.00), in addition to
instruments/paraphernalia and/or laboratory equipment including the proceeds or absolute perpetual disqualification from any public
properties obtained from the unlawful acts as provided for in this Act. office
if those found guilty of such unlawful acts are government officials and The maximum penalties of the unlawful acts
Section 28. employees. provided for in this Act , in addition to absolute
perpetual disqualification from any public office
Section 29. Planting of Evidence Death.
In case any violation of this Act is committed by a partnership, corporation, shall held criminally liable as a co-principal.
association or any juridical entity, the partner, president, director, manager,
Section 30.
trustee, estate administrator, or officer who consents to or knowingly tolerates
such violation
any alien who violates such provisions of this Act In addition to the penalties prescribed in the
unless the penalty is death.
unlawful act committed , after service of
Section 31.
sentence, be deported immediately without
further proceedings
Any person found violating any regulation duly issued by the Board pursuant to Imprisonment ranging from six (6) months and
this Act, in addition to the administrative sanctions imposed by the Board. one (1) day to four (4) years and a fine ranging
Section 32.
from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00)

You might also like