RA 9165: Definition of Important Terms

RA 9165, the Dangerous Drugs Act. It's a law that doesn't allow plea-bargaining. Worse still, the probation law is also not allowed for those who violate it; so beware! So here's the Dangerous Drugs Act. Let's start with a definition of significant terms.

1.) Administer

Any act of introducing a dangerous drug  into a person's body with or without his/her knowledge in any way. It doesn't matter if it's by injection, inhalation, injection or any other method, and it won't matter if it's self-administered or not. The exception is if it's done by a licensed practitioner (doctor, nurse, etc.) for medication purposes.

2.) Controlled precursors and essential chemicals

These include the chemicals listed in Tables 1 and 2 of the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. They're called "controlled" because they have legal uses (like manufacture of medicines) but subject to regulation because they're addictive.

3.) Dangerous drugs

Those listed in the schedules attached to the 1961 Single Convention on Narcotic Drugs  (and its 1972 amendment.) 

4.) Drug dependence

This follows the WHO definition: a cluster of psychological, behavioral and cognitive phenomena of variable intensity, in which the use of psychoactive drugs takes on a high priority thereby involving, among others, a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination or levels of use.

5.) Deliver

Knowingly passing a dangerous drug to another. It may be personally or any other way and by any means; consideration doesn't matter.

6.) Sell

Any act of giving away any dangerous drug and/or controlled precursor and essential chemical regardless if it was for money or another consideration.

7.) Drug syndicate

Any group of 2 or more persons formed or joining together in order to commit a violation of the dangerous drugs act.

8.) Dispense

Any act of giving away, selling or distributing medicine or any dangerous drug with or without prescription. Dispensing isn't a crime per se. It will depend on the other circumstances.

9.) 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.

10.) Illegal trafficking

Illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, export and possession of any dangerous drug and/or controlled precursor and essential chemical.

11.) Trading

Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices. This includes e-mail, text messages, cellphones, landline, 2-way radios, the internet, instant messages and chat rooms or acting as brokers in any way of such transaction in violation of the dangerous drugs act. It may be for money or any other consideration.

12.) Employee of a den, dive or resort

A caretaker, helper, watchman, lookout or other persons working at the den, dive or resort. They're employed by the person who runs the den, dive or resort with or without compensation in connection with the illegal drugs operation

13.) Financier

Any person who pays for, raises or supplies money for or underwrites any of the illegal activities under the dangerous drugs act.

14.) Protector/coddler

Any person who knowingly and willfully consents to the violations of the dangerous drugs  act and uses his/her power, influence or position to shield, harbor, screen or facilitate the escape of any person he/she knows, suspects or has reason to believe has violated the dangerous drugs act in order to prevent the violator from being arrested, prosecuted and/or convicted.

15.) Pusher

Any person who sells, trades, administers, dispenses, gives away on whatever terms, distributes, dispatches in transit, transports dangerous drugs or acts as a broker in any transaction that violates the dangerous drugs act.