RA 9165, Sec 8-10: Manufacture and Illegal Diversion

A.) Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Manufacture of dangerous drugs without authorization of law is punishable by life imprisonment and a fine of Php500,000 to 10 million. If it's manufacture of controlled precursors and essential chemicals, the penalty is 12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000. The appropriate maximum penalty goes to the financiers, managers and organizers. Coddlers/protectors get 12 years and 1 day to 20 years and a fine of Php100,000 to 500,000.

The presence of any controlled precursor and essential chemical or laboratory equipment will be considered prima facie evidence of manufacture of any dangerous drug. It will be considered an aggravating circumstance if the clandestine laboratory was put up under any of the following circumstances:

1.) Any phase in the manufacture was done in the presence, or with the help, of minors

2.) Any phase of the manufacturing process took place within 100 meters of a school, church, business or residential unit

3.) The clandestine lab was protected by booby traps

4.) Legitimate business operations were used to camouflage the lab

5.) A practitioner (doctor, nurse, med tech, chemist, etc.,) chemical engineer, foreigner or public official was employed

B.) Illegal Diversion

Illegal diversions of controlled precursors and essential chemicals are punishable by 12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000.

C.) Manufacture of Equipment and other Paraphernalia

This also includes delivery as well as manufacture or possession with intent to deliver of equipment used to manufacture dangerous drugs and/or controlled precursors and essential chemicals. "Manufacture" doesn't include cultivation of the plants used to make the drug but it does cover testing, converting, packing, repacking and concealing it. Manufacture of cultivation tools is also punishable if it can be proven that the tools are used in the cultivation of the drug.

The penalty is 12 years and 1 day to 20 years imprisonment and a fine of Php100,000 to 500,000 for delivery as well as manufacture or possession with intent to deliver the equipment/paraphernalia used to manufacture the drug/controlled precursor and essential chemical. If a minor or incapacitated person is used to deliver the equipment used in manufacturing of dangerous drugs, the penalty will be at the maximum.

If the manufactured equipment is used to introduce a dangerous drug into the human body (injection, inhalation, etc.) the penalty is 6 months and 1 day to 4 years.