ACTS PUNISHABLE:

1. Importation of dangerous drugs (even for floral, decorative and culinary purposes)
and/or controlled precursors and essential chemicals

Qualifying circumstance:
a. If the importation was through the use of a diplomatic passport, diplomatic
facilities or any other means involving the offenders official status.
b. Organizes, manages or acts as a financier

- The protector or coddler is also liable.

2. Sale, administration, delivery, distribution and transportation of dangerous drugs

Qualifying circumstances:
a. Within 100 meters from a school;
b. If minors/mentally incapacitated individuals are used as runners, couriers and
messengers of drug pushers;
c. If the victim of the offense is a minor, or should a prohibited/regulated drug
involved in any offense under this section be the proximate cause of the death
of a victim thereof
d. Organizes, manages or acts as financier

3. Maintenance of a den, dive, or resort where any controlled precursor and essential
chemical is sold or used

Qualifying circumstances:
1. where a prohibited/regulated drug is administered, delivered, or sold to a minor
who is allowed to use the same in such place; or
2. should a prohibited drug be the proximate cause of the death of the person using
the same in such den, dive or resort.
3. Organizes, manages or acts as financier

- The protector or coddler is also liable.

- If place owned by third person, the same shall be confiscated and escheated
in favor of government IF
1. Complaint specifically allege that such place used intentionally for
furtherance of crime
2. Prosecution proves intent on part of owner
3. Owner included as accused in criminal complaint

Opium Dive or Resort - place where dangerous drug and/or controlled

precursor and essential chemical is administered, delivered, stored for illegal
purposes, distributed, sold or used in any form (To be habitual prior
conviction, reputation of place)

4. Being employees or visitors of drug den who are aware of the nature of such place
- For the employee who is aware of nature of place and any person who
knowingly visits such place
 - A person who visited another who was smoking opium shall not be liable
if the place is not an opium dive or resort

5. Manufacture of dangerous drugs and/or controlled precursors and essential

chemicals

Aggravating circumstance: Clandestine lab is undertaken under the following

circumstances:
1. Any phase conducted in presence or with help of minors
2. Established/undertaken within 100m of residential, business, church or school
premises
3. Lab secured/protected by booby traps
4. Concealed with legitimate business operations
5. Employment of practitioner, chemical engineer, public official or foreigner

Qualifying circumstance: Organizes, manages or acts as financier

Prima facie proof of manufacture: presence of controlled precursor and essential

chemical or lab equipment in the clandestine lab

CLANDESTINE LABORATORY:Any facility used for illegal manufacture of any

dangerous
drug and or controlled precursor and essential chemicals

6. Illegal chemical diversion of precursor and essential chemicals

CHEMICAL DIVERSION: sale, distribution, transport of legitimately imported,

in-transit, manufactured or procured controlled precursors or essential chemicals
to any person or entity engaged in manufacture of dangerous drug and concealment
of such transaction through fraud, destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies or mail fraud

7. Manufacture or delivery of equipment, instrument, apparatus, and other

paraphernalia for dangerous drugs and/or controlled precursor and essential
chemicals

Acts Punishable:
1. deliver
2. possess with intent to deliver
3. manufacture with intent to deliver the paraphernalia, knowing, or under
circumstances where one reasonably should know

Qualifying circumstance - use of a minor or a mentally incapacitated individual

to deliver such equipment, instrument, apparatus or other paraphernalia

8. Possession of dangerous drugs, regardless of the degree of purity

- Penalties are graduated to the amount of drugs (the only violation where
quantity matters)
- The kinds of drugs have different respective amounts for the graduation of
 penalties

Qualifying circumstance: Party, social gathering, or in the proximate company

of at least 2 persons, regardless of quantity

Possession: unauthorized, either actual or constructive, irrespective of quantity,

with intent to possess(full knowledge that what was possessed was any of
prohibited or regulated drug)

Elements of possession of opium: (RA 6425)

1. occupancy or taking
2. intent to possess

What is punished is present possession, not past possession

It is not necessary to allege in information that accused is not authorized to

possess opium

9. Possession apparatus and other paraphernalia fit for introducing dangerous drugs
into the body

Possession of such equipment = Prima facie evidence that possessor has used a
dangerous drug and shall be presumed to have violated Sec. 15, use of dangerous
drug.

The possession of PARAPHERNALIA is absorbed by USE of dangerous drug.

Qualifying circumstance: Party, social gathering, or in the proximate company of

at least 2 persons.

10. Use of dangerous drugs

Must be found positive after a confirmatory test

1st conviction minimum of 6 mos. of rehabilitation

2nd conviction imprisonment and fine

Where the accused is also found to be in possession of dangerous drugs, this

Section shall not apply. Sec. 11, possession of dangerous drugs, shall apply.
Hence, USE is subsumed by POSSESSION.
Ex. If the offender is caught with possession of paraphernalia, possession of
dangerous drugs and use of dangerous drugs, the offense is POSSESSION OF
DANGEROUS DRUGS.

11.Cultivation or culture of plants which are dangerous drugs or are sources thereof

The land/portions thereof and/or greenhouses in which any of the said plants is
cultivated or cultured shall be confiscated and escheated to the State, unless
 the owner thereof prove that he did not know of such cultivation or culture
despite the exercise of due diligence on his part.

Qualifying circumstance:
1) The land is part of the public domain
2) Organizes, manages or acts as financier

12. Failure to keep of original records of transactions of dangerous drugs

Persons liable: practitioner, manufacturer, wholesaler, importer, distributor,

dealer, or retailer

The additional penalty of revocation of his license to practice his profession

in case of a practitioner, or of his or its business license in case of
manufacturer, seller, importer, distributor or dealer, shall be imposed.

13. Unnecessary prescription of dangerous drugs

Person Liable: Practitioner who shall prescribe any dangerous drug for any person
whose physical/physiological condition does not require the use of thereof or
in the dosage therein.

14. Unlawful prescription of dangerous drugs