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Friday, July 13, 2012

RA 9165, Sec. 11-14: Possession

Okay, now back to the dangerous drugs act. Possession of drugs is itself a crime if it isn't authorized by law. Remember that certain drugs, like morphine, are necessary in hospitals, factories, etc. and can only be used under a doctor's prescription. The possession punished here is the  unauthorized kind. The quantity of drugs determines jail time and the fine payable.

A. Drugs

1.) Life imprisonment and fine of Php500,000 to 10 million for:

a.) 10g or more of morphine, opium, heroin, cocaine, cocaine hydrochloride, marijuana resin, marijuana oil, ecstasy, PMA, TMA, LSD, GHB or any other drug
b.) 50g or more of shabu
c.) 500g or more of marijuana

2.) Life imprisonment and a fine of Php400,000 to 500,000 for 10 to less than 50g of shabu

3.) 20 years and 1 day to life imprisonment and a fine of Php400,000 to 500,000 for:

a.) 5 to less than 10g of 1a and 1b
b.) 300 to less than 500g of marijuana

4.) 12 years and 1 day to 20 years and a fine of Php300,000 to 400,000 for:

a.) Less than 5g of 1a and 1b
b.) Less than 300g of marijuana

B.) Equipment, instruments, apparatuses and other paraphernalia for dangerous drugs

Imprisonment of 6 months and 1 day to 4 years and a fine of Php10,000 to 50,000. In the case of doctors, nurses, chemists, etc. who are required by their professions to use such equipment, the Dangerous Drugs Board will prescribe the necessary implementing guidelines.

C.) Possession during parties, meetings and social gatherings

Maximum penalty for possession. This also applies if the offender is in the proximate company of at least 2 persons. If what is found is the possession of equipment, the maximum penalty for possession of equipment is imposed.

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