Torts Drugs Paper Final

Chapter 1
INTRODUCTION
Drugs have been part of our culture since the middle of the last century.
Popularized in the 1960s by music and mass media, they invade all aspects of
society. An estimated 208 million people internationally consume illegal drugs.
In the United States, results from the 2007 National Survey on Drug Use and
Health showed that 19.9 million Americans (or 8% of the population aged 12
or older) used illegal drugs in the month prior to the survey. Drugs are
chemicals that change the way a person's body works. It is any substance
(with the exception of food and water) which, when taken into the body, alters
the body's function either physically and/or psychologically. Drugs may be
legal (e.g. alcohol, caffeine and tobacco) or illegal (e.g. cannabis, ecstasy,
cocaine and heroin).
Psychoactive drugs affect the central nervous system and alter a person's
mood, thinking and behavior. Psychoactive drugs may be divided into four
categories:
• Depressants: Drugs that decrease alertness by slowing down the activity
of the central nervous system (e.g. heroin, alcohol and analgesics).
• Stimulants: Drugs that increase the body's state of arousal by increasing
the activity of the brain (e.g. caffeine, nicotine and amphetamines).
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• Hallucinogens: Drugs that alter perception and can cause hallucinations,
such as seeing or hearing something that is not there (e.g. LSD and
'magic mushrooms').
• Other: Some drugs fall into the 'other' category, as they may have
properties of more than one of the above categories (e.g. cannabis has
depressive, hallucinogenic and some stimulant properties).
People use drugs for a variety of reasons. Young people often use drugs for
the same reasons that adults do. Some of these include: to have fun; to relax
and forget problems; to gain confidence; to socialize; out of curiosity; as a
form of escapism; to lessen inhibitions; to remove personal responsibility for
decisions; to celebrate or commiserate; to relieve boredom and stress and
self-medication to cope with problem
PSYCHOLOGICAL EFFECTS
While the specific physical and psychological effects of drug use
disorders tend to vary based on the particular substance involved, the general
effects of addiction to any drug can be devastating. Psychologically,
intoxication with or withdrawal from a substance can cause everything from
euphoria as with alcohol, Ecstasy, or inhalant intoxication, to paranoia with
marijuana or steroid intoxication, to severe depression or suicidal thoughts
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with cocaine or amphetamine withdrawal. In terms of effects on the body,
intoxication with a drug can cause physical effects that range from marked
sleepiness and slowed breathing as with intoxication with heroin or sedative
hypnotic drugs, to the rapid heart rate of cocaine intoxication, or the tremors
to seizures of alcohol withdrawal. The longer an addiction lasts, the more
stress and strain it puts on the individual. There are a number of long-term
physical and emotional effects of addiction that can easily turn a healthy man
or woman into a frail shadow of their former self.
According to MedicineNet, an individual who is living with a drug
addiction for an extended period of time may begin to experience a number
of serious psychological problems as a result of their dependence on drugs.
These conditions can range from mild to serious but all will impact the life of
the addicted individual in a negative manner. Among the most common long-
term psychological effects of drug addiction are:
• Depression. As an individual develops a tolerance to drugs, it will take
ever-increasing amounts of the substance to get high. When the
individual is unable to achieve their desired state of euphoria, they may
become depressed. Chronic depression also occurs as the drug addict
feels shame and remorse about her condition. This creates a cycle of
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addiction; the more depressed the feel, the more likely they are to
continue to use drugs.
• Paranoia. Individuals with a cocaine addiction or marijuana addiction
often report a feeling of paranoia over the course of their dependence.
The feeling that “everyone is out to get them” is heightened by the fact
that buying or using drugs is illegal and the belief that law enforcement
is waiting around every corner. Over time, drug addicts tend to get more
and more paranoid.
• Anxiety. While waiting for their next dose of drugs, many individuals will
begin to feel anxious or unsettled. Friends and family report that their
loved one has trouble sitting still or staying focused on a single task for
any significant amount of time. This anxiety and lack of focus can cause
them to slack on job responsibilities and even lose their job.
Relationships are also negatively affected by drug-induced anxiety.
These are just some of the ways anxiety permeates the life of the drug
addict.
DRUGS AND CRIME
There are two schools of thought on the issue of drug legalization
and crime. Do drugs cause crime? Does drug use inevitably lead to crime? If
drugs were made legal, would there be less crime? If the government
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subsidized addicts, would they still engage in criminal conduct? What would
happen to drug dealers and drug gangs if drugs were legalized? Although the
issue is complex, both groups agree that drugs and crime are inexorably
linked. Many legalization supporters believe that property crime, particularly
burglary, larceny from persons (purse snatchers, chain snatchers, and
pickpockets), auto theft, theft from autos, and shoplifting would decrease by
40-50 percent if drugs were made legal. Similarly, many believe that the
terms “drug-related murder” and “drive-by shooting” would become outdated
once drugs were legalized. In their view, turf wars would be eliminated
because there would no longer be a need to fight for one’s turf. Additionally,
there are those who point out that drug enforcement is a waste of valuable
law enforcement resources since statistically most drug users do not get
caught. Thus, the deterrent effect of criminalization is lost. Many believe that
traditional organized crime would be seriously affected by legalization.
Benjamin and Miller write: “The Mafia would not disappear, because organized
crime would be able to survive on other criminal activities, such as loan
sharking, gambling, prostitution, and child pornography. But drug legalization
would remove the backbone of organized crime’s profits, causing it to diminish
in importance.”
Illegal drug use is “almost automatically” associated with criminal behaviour.
The statistical relationship between illegal drug use and crime is convincing at
first glance, but it is not possible to draw a conclusion regarding a definite
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cause-and-effect link between the two phenomena. The suggestion that drugs
lead to crime ignores the impact that living conditions can have on an
individual and takes no account, according to Serge Brochu (an expert in this
field), of a body of data showing that most illegal drug users in Canada and
elsewhere will never be regular users. It bears repeating that drug use is still,
for the most part, a sporadic, recreational, exploratory activity. Most people
are able to manage their drug use without any difficulty. Very few will become
regular users, and even fewer will develop a drug addiction.
The problem stems from three elements: the limits of our current knowledge;
practice that does not respect our expertise; and mislabeling of users.
Contemporary conceptual models are not based on a cohesive empirical body
(e.g., our unrepresentative samples usually comprise drug users heavily
involved in crime and very few regular users who hold important positions in
society, even though they do exist; we then make broad generalizations based
on those studies). It is also extremely difficult to incorporate knowledge that
conflicts with our deeply held beliefs (e.g., the prospect of careful or controlled
use of illegal psychoactive substances). Finally, we continue to apply negative
labels to illegal drug users who in the end would rather be known as drug
addicts than criminals
All that aside, the scientific studies conducted over the past two decades
provide evidence which tends to show that drug use is one of a number of
factors that may explain why some people commit criminal acts. For example,
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many people who have developed an addiction to expensive drugs such as
heroin and crack/cocaine and cannot afford their habit will commit crimes to
buy drugs. However, they do not represent all or even most illegal drug users,
especially in the case of marijuana users. In other words, illegal drug use
does not necessarily lead to an increase in crime, even among people who are
regular users or have developed an addiction. The research shows that a
number of social, psychological and cultural factors can be used to identify
people who are at risk of becoming delinquents and/or drug users. Factors
that may explain both drug use and criminal activity include poverty, lack of
social values, personality disorders, association with drug users and/or
delinquents, and loss of contact with agents of socialization. Indications are
that it is wrong to think that eliminating drugs from a person’s day-to-day life
will definitely put an end to criminal activity. This realization is important in
terms of intervention and policy development, because any explanation of
crime which attributes a high importance to drugs may lead to the
implementation of ineffective intervention policies.
Opponents to legalization obviously do not see legalization as a panacea that
will make crime go away. They see a clear connection between drug use and
crime and, perhaps more importantly, between drug use and violence. Joseph
Califon, the author and a member of President Johnson’s cabinet, stated:
“Drugs like marijuana and cocaine are not dangerous because they are illegal;
they are illegal because they are dangerous.” The DEA reports that six times
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as many homicides are committed by persons under the influence of drugs
than those looking for money to buy drugs and that most arrestees for violent
crimes test positive for drugs at time of arrest. Speaking to a Congressional
subcommittee on drug policy in 1999, Donnie Marshall, then deputy
administrator of DEA, spoke of drug use, crime, and violence. He said that
there is “a misconception that most drug-related crimes involve people who
are looking for money to buy drugs. The fact is that most drug-related crimes
are committed by people whose brains have been messed up with mood-
altering drugs.” Legalization opponents are convinced that the violence caused
by drug use “will not magically” stop because the drugs are legal.
LEGALIZATION
There are no panaceas in the world but, for social afflictions, legalizing drugs
comes possibly as close as any single policy could. Removing legal penalties
from the production, sale and use of "controlled substances" would alleviate
at least a dozen of our biggest social or political problems. With proposals for
legalization finally in the public eye, there might be a use for some sort of
catalog listing the benefits of legalization. For advocates, it is an inventory of
facts and arguments. For opponents, it is a record of the problems they might
be helping to perpetuate.
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Should marijuana be legalized in the Philippines?
This was the question that several law students from two universities in the
country tried to answer during a Law and Policy Debate at the House of
Representatives.
Ambassador Manuel Teehankee, a medical and law expert, recognized the
need for public discussions on the legalization of marijuana. He noted that
debating on a topic is a healthy method of testing ideas and proposal, and "a
good way by which the legislative process can be vetted with various ideas
being exchanged."
Dr. Junice L.D. Melgar, executive director of the Likhaan Center for Women's
Health, agreed with Teehankee and explained that marijuana has several
medical uses.
According to Melgar, marijuana can stop epileptic seizures and can help treat
neuropathic diseases such as Alzheimer's and multiple sclerosis. It can also
treat loss of appetite after chemotherapy or following treatment for HIV or
AIDS. She also mentioned that marijuana has side effects like the alteration
of moods. In fact, among psychotropic drugs such as cocaine, heroin, and
methamphetamine, marijuana is the most potent, Melgar added.
The doctor said that there are no reports of any deaths caused by toxicity or
the intake of cannabis. Melgar also stressed the importance of being informed
about marijuana and its uses. "Even for small part, if we don’t give them space
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for public discussion — for people to be enlightened about it — we will forever
be ignorant."
Marijuana in the Philippines is controlled by the black market—and the
government has been unsuccessful in trying to curb its use and distribution.
Many Filipinos have asked to legalize the use of medical marijuana, but as of
press time, the lobby has been unsuccessful. Groups like the Philippine
Cannabis Compassion Society supports families and patients like Ira, Sachi,
and Romeo. They work on getting their stories out and use these stories to
convince legislators that they need access to an alternative cure, which they
see in cannabis. The successful lobbying of medical marijuana has encouraged
69 house representatives to co-author HB4477. More and more doctors,
patients, and citizens have come out in support of it. It has gained enough
momentum that many hope that one day, the Philippines will become the first
Asian country to legalize the use of medical marijuana.
House Bill No. 4477 or the Compassionate Use of Medical Cannabis Act seeks
to decriminalize the use of the plant for patients with debilitating medical
conditions such as cancer, glaucoma, epilepsy, HIV, multiple sclerosis, and
lupus among others.
The proposal is clear-cut, and guards against the abuse of the plant. To
regulate the use of cannabis, proponents say that a Medical Cannabis
Authority should be established and led by a director general, to be appointed
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by the President of the Philippines, from a list of physicians recommended by
the secretary of Health.
When it comes to getting access to it, a recommendation made by a qualified
Medical Cannabis Physician will be given after completing a thorough medical
assessment. After getting a recommendation, Medical Cannabis cards will be
issued to patients to draw the line between them and non-patients. The
issuance of the cards will have established rules and regulations which
includes suspension, revocation, and confiscation upon abuse. Medical
Cannabis Compassionate Centers, with the proper licensing and requirements,
will also start operating. These centers will issue the physician-recommended
cards and will serve as dispensaries where patients can pick up their
medications from.
Cannabis has been used as medicine for more than 5,000 years. It has been
recognized as medicine by the United Nations since 1961. Scientific research
from all over the world have confirmed the plant’s therapeutic benefits for
patients with epilepsy, cancer, multiple sclerosis, HIV-AIDs, among many
other serious diseases.
The United Nations’ Single Convention on Narcotic Drugs of 1961 affirms the
importance of medical use of controlled substances. The Preamble notes that
"the medical use of narcotic drugs continues to be indispensable for the relief
of pain and suffering” and that “adequate provision must be made to ensure
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the AVAILABILITY of narcotic drugs for such purposes". Articles 1, 2, 4, 9, 12,
19, and 49 contain provisions relating to "medical and scientific" use of
controlled substances, INCLUDING CANNABIS. In almost all cases, parties are
permitted to allow dispensation and use of controlled substances under a
prescription, subject to record-keeping requirements and other restrictions.
Scientific studies and the people’s demand for cannabis as safer alternative to
synthetic drugs have forced the governments in Europe and in more than 20
states in the US to recognize and legalize medical cannabis.
In the Philippines, the death of Moon Jaden Yutuc, suffering from Dravet
Syndrome, in September 2013 opened the discussion on the use of medical
cannabis. Despite the doctors’ declaration that they have exhausted all
possible options to stop the baby’s epileptic seizures, parents Jun and Myca
refused to give up. From the documentary “Weed” by CNN’s Dr. Sunjay
Gupta, their readings and personal networks worldwide, they learned about
the healing properties of cannabis in treating severe forms of seizure. They
sought for cannabis oil and asked that they be permitted to give Moon Jaden
the medicine. But their request was denied. Moon Jaden may still be alive
today if treated with cannabis.
Background of the Study
Psychoactive drugs have been part of every historical age and probably
always will be. The best hope for the future lies in understanding and
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emphasizing drug controls that have worked in the past and if they are still
working today.
Statement of the Problem
The use, sale and cultivation of drugs in the Philippines continues to occupy
a legal grey area, controlled legalization is a better option for a number of
reasons.
This study seeks to advocate that laws should be consistent in all parts of
the country, and the best way to resolve this is federal legalization. This is
necessary in order to comply with the constitutional mandates and
international obligations of promoting the right to health.
Illegal drugs have demonstrated medical uses and therefore legalizing drugs
is the only and the best comprehensive approach to health. What we think in
legalizing is that we provide the optimal care: by providing a range of
options that a physician who is in the best position to make these decisions
can do for a patient. Further studies with illegal drugs must not be prohibited
because it will become more difficult for us to discover even the better uses
of drugs.
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"The question should not be whether a drug is good or bad, but rather, how
can we control it? What is the best strategy to save lives?" Controlled
legalization is shall be supported by the majority of the Congress of the
government.
Hypothesis
This group believes that drugs should be legalized in the Philippines.
Scope and Limitations of the Study
The study is focused on the effect of legalizing all prohibited drugs, herbs
and substances in the Philippines, whether on health, economy or security. It
aims to know how prohibited drugs; herbs or substances affect one’s health.
The study would also like to know how beneficial would it be to the economy
of the Philippines if those prohibited substances be made legal. Furthermore,
it is also the aim of the study to know how each illegal substances affects
one’s mind to commit actions that is a threat to the security of other people.
Significance of the Study
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The finding of the study will redound to the benefit of the society in the
importance of legalizing drugs. It will help uncover critical areas in the use,
sale and cultivation of drugs in the Philippines so that it may to continue to
occupy and control the better option for such legalization. It supports that
usage of this drugs are also rights that must be mandated in the constitution
for comprehensive approach that government only has a right to limit an
individual action or freedom if it pose a significant threat to another individual.
Definition of Terms
Addiction - A person has an addiction when he becomes dependent on or
craves a drug and believes he needs the drug to live. All an addicted drug user
can think about is getting the next dose after getting high.
Dangerous drugs - are those that have high tendency for abuse and
dependency, these substances may be organic or synthetic, and pose harm to
those who use them.
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Dependency - the state of physical and psychological dependence, or both, on
a dangerous drug, or drugs, experienced by a person following the use of that
substance on a periodic or continuous basis. A person dependent on drugs will
experience withdrawal reactions after abstaining from drugs.
Depressant - A depressant is a drug that slows a person down. Doctors
prescribed depressants to help people be less angry, anxious, or tense.
Depressants relax muscles and make people feel sleepy or like their head are
stuffed.
Drug Abuse - exists when a person continually uses a drug other than its
intended purpose. This continued use can lead to drug dependence, a state of
physical and psychological dependence or both on a dangerous drug.
Drug Addiction - is a complex, and often chronic, brain disease. It is
characterized by execessive drug craving, seeking, and use. Addiction is
caused by brain changes caused by constant drug use.
Drugs - are chemicals that affect a person in such a way as to bring about
physiological, emotional, or behavioral change.
Hallucinogen - A hallucinogen is a drug, such as LSD, that changes a person's
mood and makes him see, hear, or think things that aren't really there.
Hallucinogens change the way a person feels time, making it seem to slow
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down. As the name implies, hallucinogens may cause hallucinations - this is
when people think they see or hear imaginary people or things.
High - A high is the feeling that drug users want to get when they take drugs.
There are many types of high, including a spacey feeling, euphoria, or a feeling
that a person has “special powers”, such as the ability to fly or see into the
future.
Stimulant - A stimulant speeds up a person's body and brain. Stimulants, such
as methamphetamines, have the opposite effect of depressants. Usually
stimulants make a person high energetic. When the effects of a stimulant wear
off, a person will feel tired or sick.
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Chapter 2
REVIEW OF RELATED LITERATURE AND STUDIES
I. LOCAL LITERATURE
PHILIPPINES AGAINST ILLEGAL USE OF DRUGS
Reports of drug related crime are common in the Philippines media. The main
concern tends to be towards Shabu which gets the most media attention. It
does seem that illegal drug use is on the rise, and this has worrying
implications for the future. There is an urgent need to educate young people
as to the dangers of drug use, and there is also a great need to help those
who are already addicted to escape their misery. Failure to do this could mean
there will be further deterioration within many Filipino communities.
1. The Philippines has the highest abuse rate for methamphetamine
hydrochloride, or shabu,in East Asia, according to the latest United Nations
World Drug Report
The state department also disclosed that 2.1 percent of Filipinos aged 16 to
64 were using shabu, and “domestic consumption of methamphetamine and
marijuana continued to be the main drug threats in the Philippines.
Citing Philippine Drug Enforcement Agency records, it reported that last year
PDEA “conducted 9,850 anti-illegal drug operations resulting in the arrest of
8,491 suspects and 9,995 cases being filed.”
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Philippine authorities “seized 250 kilos of methamphetamine valued at $68
million (about P2.92 billion); 4.8 million marijuana plants and seedlings and
818 kilos of marijuana with a total value of $17.4 million (P748 million);
17,222 grams of cocaine worth $2 million (P86 million); and 960 Ecstasy
tablets valued at $26,790 (P1.15 million).”
According to the state department, “ethnic Chinese organized crime groups
continue to be the primary organizers and financiers of methamphetamine
trafficking in the Philippines.”
The authorities also have “made large seizures of bulk high-grade
methamphetamine that appeared to have been produced outside the
Philippines and smuggled in via cargo shipments. This supports law enforcers’
findings of the continuing decline in industrial-size methamphetamine
laboratories in the Philippines itself due to improved detection and law
enforcement efforts. PDEA also seized six smaller kitchen-type clandestine
methamphetamine laboratories.”
On the other hand, marijuana cultivation in the country “occurs in remote
mountainous regions of Luzon and Mindanao.”
It also reported that in 2011, “the issue of Philippine citizens being used as
drug couriers by transnational drug trafficking organizations gained national
attention when (four) Filipinos were executed in China for drug trafficking.”
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“Philippine citizens have also been arrested in other countries while attempting
to smuggle cocaine from South America into Asia, as well as
methamphetamine within Southeast Asia,” it said.
In the report, the Department of State cited the Aquino administration for its
“special effort to increase cooperation among Philippine agencies involved in
drug enforcement.”
“This cooperation resulted in a 45-percent increase in counter-drug
operations,” it said.
It also said that Manila “continued to face the daunting task of tackling
transnational drug trafficking organizations without strong legal tools, such as
a provision for the judicially authorized interception of criminal
communications, plea bargaining and an efficient drug asset forfeiture
process.”
“Without these important tools, law enforcers’ ability to gather evidence
against high-level drug traffickers remains limited,” it said.
(http://newsinfo.inquirer.net/168143/un-drug-report-philippines-has-
highest-rate-of-shabu-use-in-east-asia#ixzz42BvIy5y8)
2. Illegal-Drug Abuse Now an Epidemic in the Philippines
The use by young Filipinos of prohibited drugs like methamphetamine, crack
cocaine, cocaine, opium and marijuana is now the country’s scourge. The
abuse has reached epidemic, if not widespread, proportion, according to our
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unofficial sources in the Philippine National Police (PNP) and the Armed Forces
of the Philippines (AFP). And yet, the country’s national leadership is on a
state of denial. Scions of affluent and/or influential families rarely face arrest
and prosecution for drug abuse, as the country’s criminal-justice system is at
the mercy of influence peddlers. Drug syndicates are able also to bribe some
top Philippine civilian and/or military-police leaders to look the other way, if
not share in the bounty (sic) of their nefarious activities.
Last July 10th, the Philippine media reported the arrest of 11 high-school
students who were caught doing a pot session in Quezon City. The arrest was
further proof of the escalating national problem that is drug addiction. And the
arrested students obviously came from the ranks of the financially-distressed
families. They could not afford to hold the pot session in a luxurious hotel or
a mansion-like residence or condominium in one of the metropolitan areas’
premier locations that some scions of well-to-do families reportedly do on a
regular basis. The Quezon-City students held their drug session only in a
“vacant lot.”
“MANILA, Philippines - At least 11 high-school students were brought to a
police station after they were caught smoking marijuana in a vacant lot in
Quezon City Wednesday night.
“DZBB's Mao dela Cruz reported Thursday morning that the boys and girls,
aged 14 to 17, were still in the first to fourth year high school.
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“Quezon City police chief Sr. Supt. Magtanggol Gatdula said some of the
students were even wearing uniforms of the Quezon City High School when
they were caught in the pot session.
“Gatdula said the students were brought to Police Station 10 and would be
turned over to the Department of Social Welfare and Development.
(http://www.mabuhayradio.com/unsolicited-advice/illegal-drug-abuse-now-
an-epidemic-in-the-philippines)
3. Most of the drug users in the Philippines are young people.
Most of the drug users in the Philippines are young people. Illicit drugs that
are present include marijuana, LSD, opiates, and barbiturates. While there
are no hard fast statistics available, it is estimated that as many as 60,000
young people in the Philippines are dealing with drug addiction.
Within a period of ten years, the incidence of drug addiction rose dramatically
according to studies done in this tiny country. The majority of drug users are
students with marijuana being the drug of choice. Many people believe that
this rise is attributable to simple curiosity, but more likely because Philippine
youth are trying to emulate their Western counterparts here in the United
States.
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Because so much attention is focused on drug addiction in America, the
information is readily available in the Philippines as are the drugs. This has
increased the demand for drugs thus pushing drug dealers to grow their own
cannabis plants, which is illegal in the Philippines. There have been recent
reports as well of drugs being manufactured in illegal laboratories. Local
narcotics police have made several raids to try and curb this activity, but of
course, to no avail.
To meet the challenge of the drug abuse problem several measures, both
private and governmental, are being taken. Violators of narcotic laws who
make known to the authorities the fact of their addiction and their desire to
be cured are referred to the Addiction Institute of the National Bureau of
Investigation so that they may undergo treatment and rehabilitation.
On another front, a new organization-the Narcotic Foundation of the
Philippines-has recently been formed. This is a private association not related
to Government institutions and treatment centers; its aims are to raise funds
for the treatment and reorientation of young addicts, and to educate the public
against the dangers of drug addiction. It is to be hoped that the efforts made
by this newly-founded organization, along with the efforts of the Addiction
Institute and other interested bodies, will help the country to eventually cope
with the alarming growth in local drug abuse.
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Drug addiction in the Philippines is a growing problem, but it is one that the
Philippine government is trying to tackle and take hold of. Just as in the
United States, drug addiction is nothing to be taken lightly no matter where it
happens – here or in the Philippines.
ILLEGAL DRUG TRADE IN THE PHILIPPINES
The illegal drug trade in the Philippines remains a serious national concern.
Two of the most used and valuable illegal drugs in the country are marijuana
and methamphetamine hydrochloride, locally known as "shabu". Ephedrine
and methylenedioxy methamphetamine are also among the list of illegal drugs
that are of great concern to the authorities.
Drugs Production
Marijuana production
The Philippine Drug Enforcement Agency identified that the mountainous parts
of Northern Luzon, Eastern Visayas and Mindanao are viable for marijuana
cultivation. Marijuana produced in the country is distributed locally and is also
exported to other countries. Local distribution of marijuana increased in 2012
despite destruction of illegal marijuana plantations.
Methamphetamine production
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Drug syndicates have been producing methamphetamine in small-scale and
kitchen-type laboratories to avoid detection by the Philippine authorities since
2010. Usually, drug syndicates rent warehouses for use as drug laboratories.
These syndicates have moved towards renting houses in private subdivisions,
condominiums and apartments to be used as bases for their illegal drug
production. Private properties are becoming more favorable to drug syndicates
as sites of illegal drug production.
Methamphetamine remains more feasible to sell in the Philippines than
cocaine, a more costly illegal drug.
Transnational drug trade
International drug syndicates use the Philippines as a transit hub for the illegal
drug trade. Some local drug syndicates are also involved in the international
illegal drug trade, and utilize drug mules to transport small amounts of illegal
drugs to other countries. Some overseas Filipino workers have been utilized
by drug syndicates as drug mules, either knowingly or unknowingly. The Ninoy
Aquino International Airport has been identified as a favorable illegal drug
trafficking hub.
Some Filipinos choose to be involved in drug trafficking due to the promise of
a high income. Some still participate in such illicit activity because they are
forced by certain circumstances. There were reports in the past that some
Filipinos, usually women, were forced and blackmailed by drug syndicates to
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work as drug couriers, and if they refused, their family's safety would be
compromised.
The Manila-based firm, Pacific Strategies & Assessments, identified the
Philippines as, "not only a transshipment point, but also a key producer of
synthetic drugs for all of Asia" in a report made in 2009.
In December 2013, The Philippine National Police - Anti-Illegal Drugs Special
Operations Task Force confirmed reports that the Mexican Sinaloa Cartel had
started operations in the country.
As of 2013, the illegal drug trade in the Philippines amounted to $8.4 billion.
ADVANTAGES OF DRUG PROHIBITION (Why use of drugs should be
prohibited)
1. It upholds morality of the people
“Substance abuse and drug dependence are wrong, and any measure that
makes abused or habituating substances within easy reach of potential
abusers and dependents is morally wrong.”
(http://www.catholicherald.co.uk/commentandblogs/2015/08/19/drug-
abuse-is-wrong-but-that-doesnt-make-prohibition-right/)
2. Reduces the number of drug users because of non-monetary costs
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One of the consequences of prohibition is that it forces drug users to expend
a lot more effort obtaining the drugs they want. Their burdens include the risk
of arrest, the possibility of police harassment, the risk of assault by other drug
users who want to ‘‘rip off’’ their stash, and the risk of violence from dealers
who want to enforce payment of unpaid debts. These ‘‘non-monetary’’ costs
have been said to act as a brake on drug consumption, just as monetary costs
do (http://idhdp.com/media/362647/1408-weatherburn-article.pdf)
3. Reduces the number of drug users because of monetary costs
Controls and prohibitions help to keep prices higher, and higher prices help
keep use rates relatively low, since drug use, especially among young people,
is known to be sensitive to price. If prohibition keeps the prices of heroin and
cocaine 10 times higher than they would be in a legal market, then it keeps
consumption of heroin and cocaine about five times lower than it would
otherwise be. (http://idhdp.com/media/362647/1408-weatherburn-
article.pdf)
DISADVANTAGES OF DRUG PROHIBITION (Why use of prohibited drugs
drugs should be legalized)
1. Does not provide access to truthful information and education
A wealth of disinformation about drugs and drug use is given to us by ignorant
and prejudiced policy-makers and media who peddle myths upon lies for their
27
own ends. This creates many of the risks and dangers associated with drug
use.
Legalization would help us to disseminate open, honest and truthful
information to users and non-users to help them to make decisions about
whether and how to use. We could begin research again on presently illicit
drugs to discover all their uses and effects - both positive and negative.
(http://www.urban75.com/Drugs/drugten.html)
2. Unregulated use of drugs
Prohibition unnecessarily criminalizes millions of otherwise law-abiding
people. It removes the responsibility for distribution of drugs from policy
makers and hands it over to unregulated, sometimes violent dealers.
Legalization restores the right of people to use drugs responsibly to change
the way people think and feel. It enables controls and regulations to be put in
place to protect the vulnerable.
3. Prohibition doesn’t work
There is no evidence to show that prohibition is succeeding. The question we
must ask ourselves is, "What are the benefits of criminalizing any drug?" If,
28
after examining all the available evidence, we find that the costs outweigh the
benefits, then we must seek an alternative policy.
Legalization is not a cure-all but it does allow us to address many of the
problems associated with drug use, and those created by prohibition. The time
has come for an effective and pragmatic drug policy.
Stringent laws, spectacular police drives, vigorous prosecution, and
imprisonment of addicts and peddlers have proved not only useless and
enormously expensive as means of correcting this evil, but they are also
unjustifiably and unbelievably cruel in their application to the unfortunate drug
victims. Repression has driven this vice underground and produced the
narcotic smugglers and supply agents, who have grown wealthy out of this
evil practice and who, by devious methods, have stimulated traffic in drugs.
Finally, and not the least of the evils associated with repression, the helpless
addict has been forced to resort to crime in order to get money for the drug
which is absolutely indispensable for his comfortable existence.
Drug addiction, like prostitution, and like liquor, is not a police problem; it
never has been, and never can be solved by policemen. It is first and last a
medical problem, and if there is a solution it will be discovered not by
policemen, but by scientific and competently trained medical experts whose
29
sole objective will be the reduction and possible eradication of this devastating
appetite. There should be intelligent treatment of the incurables in outpatient
clinics, hospitalization of those not too far gone to respond to therapeutic
measures, and application of the prophylactic principles which medicine
applies to all scourges of mankind.
(https://en.wikipedia.org/wiki/Arguments_for_and_against_drug_prohibition
4. The use of drugs by minors is much more difficult to control with drugs
prohibited.
To effectively regulate the sellers of drugs so as to ensure that they only sell
drugs to adults, drugs must be legalized, and the sellers licensed. With drugs
prohibited, sellers are "underground" and therefore nearly impossible to
control. Licensed sellers in a community sometimes attempt to increase their
income by selling to minors, but when the community suspects such activity,
it is a trivial task to discover which of the licensed sellers is breaking the law,
and then put them out of business. Underground sellers may adhere to a "code
or honor" and not sell to minors, but, when they do sell to minors, it is very
difficult to expose. The difficulty results from the somewhat sophisticated
culture of underground drug sales and use that has evolved, with one of the
most fundamental adaption mechanisms of this culture that the sellers and
30
consumers act such in such a manner so as to make it as difficult as possible
for outsiders to discover information about their activities, including, of
course, who is selling to whom.
5. Lack of access to possible medical uses of prohibited drugs
Most of the psychoactive drugs now prohibited in modern societies have had
medical uses in history. In natural plant drugs like opium, coca, cannabis,
mescaline, and psilocybin, the medical history usually dates back thousands
of years and through a variety of cultures.
Psychedelics such as LSD and psilocybin (the main ingredient in most
hallucinogenic mushrooms) are the subject of renewed research interest
because of their therapeutic potential. They could ease a variety of difficult-
to-treat mental illnesses, such as chronic depression, post-traumatic stress
disorder, and alcohol dependency. Ecstasy has been used for cognitive
enhancement in people with Parkinson's disease and has shown potential in
treating posttraumatic stress disorder.
6. Drug legalization could reduce government costs and raise tax revenues
31
II. LOCAL STUDIES
Laws existing
REPUBLIC ACT NO. 9165 June 7, 2002
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
ARTICLE II
Unlawful Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and

Essential Chemicals.- .The penalty of life imprisonment to death and a ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall import or
bring into the Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import any controlled precursor and
essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the unlawful entry of the same.
In addition, the diplomatic passport shall be confiscated and canceled.
person, who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00)
32
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who acts as a "protector/coddler" of any violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute dispatch in transit or
transport any dangerous drug, including any and all species of opium poppy
regardless of the quantity and purity involved, or shall act as a broker in any of such
transactions.
any person, who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act as a broker in such
transactions.
If the sale, trading, administration, dispensation, delivery, distribution or

transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemical trade, the
maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should

a dangerous drug and/or a controlled precursor and essential chemical involved in
any offense herein provided be the proximate cause of death of a victim thereof, the
maximum penalty provided for under this Section shall be imposed.
person who organizes, manages or acts as a "financier" of any of the illegal activities
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment

to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person or group of
33
persons who shall maintain a den, dive or resort where any dangerous drug is used
or sold in any form.
any person or group of persons who shall maintain a den, dive, or resort where any
controlled precursor and essential chemical is used or sold in any form.
The maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is
allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the penalty of death and a fine ranging from
One million (P1,000,000.00) to Fifteen million pesos (P500,000.00) shall be imposed
on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be confiscated
and escheated in favor of the government: Provided, That the criminal complaint
shall specifically allege that such place is intentionally used in the furtherance of the
crime: Provided, further, That the prosecution shall prove such intent on the part of
the owner to use the property for such purpose: Provided, finally, That the owner
shall be included as an accused in the criminal complaint.
person who organizes, manages or acts as a "financier" of any of the illegal activities
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a
"protector/coddler" of any violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
thousand pesos (P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or resort, who is aware of the nature of the
place as such; and
(b) Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit
the same
34
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging
shall be imposed upon any person, who, unless authorized by law, shall engage in
the manufacture of any dangerous drug.
any person, who, unless authorized by law, shall manufacture any controlled
precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory

equipment in the clandestine laboratory is a prima facie proof of manufacture of any
dangerous drug. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:
(a) Any phase of the manufacturing process was conducted in the presence or
with the help of minor/s:
(b) Any phase or manufacturing process was established or undertaken within

one hundred (100) meters of a residential, business, church or school
premises;
(c) Any clandestine laboratory was secured or protected with booby traps;
(d) Any clandestine laboratory was concealed with legitimate business

operations; or
(e) Any employment of a practitioner, chemical engineer, public official or

foreigner.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential

Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
any person, who, unless authorized by law, shall illegally divert any controlled
precursor and essential chemical.
35
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
any person who shall deliver, possess with intent to deliver, or manufacture with
intent to deliver equipment, instrument, apparatus and other paraphernalia for
dangerous drugs, knowing, or under circumstances where one reasonably 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.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or
otherwise introduce into the human body a dangerous drug in violation of this Act.
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following quantities,
regardless of the degree of purity thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs and their derivatives, without
36
having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity
of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but
less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment
and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs
are five (5) grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "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 three hundred (300) grams or more but less than
five (hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four
hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs
are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not limited
to, MDMA or "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.
Section 12. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs. -The penalty of imprisonment ranging from six
(6) months and one (1) day to four (4) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess or have under his/her control
any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body: Provided, That in the case of medical practitioners and
various professionals who are required to carry such equipment, instrument,
apparatus and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.
37
The possession of such equipment, instrument, apparatus and other paraphernalia
fit or intended for any of the purposes enumerated in the preceding paragraph shall
be prima facie evidence that the possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous drug and shall be presumed
to have violated Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or

Meetings. – Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two (2) persons,
shall suffer the maximum penalties provided for in Section 11 of this Act, regardless
of the quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other

Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. -
The maximum penalty provided for in Section 12 of this Act shall be imposed upon
any person, who shall possess or have under his/her control any equipment,
instrument, apparatus and other paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or introducing any dangerous drug
into the body, during parties, social gatherings or meetings, or in the proximate
company of at least two (2) persons.
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is

found to be positive for use of any dangerous drug, after a confirmatory test, shall
be imposed a penalty of a minimum of six (6) months rehabilitation in a government
center for the first offense, subject to the provisions of Article VIII of this Act. If
apprehended using any dangerous drug for the second time, he/she shall suffer the
penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this Section shall not be applicable
where the person tested is also found to have in his/her possession such quantity of
any dangerous drug provided for under Section 11 of this Act, in which case the
provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are

Sources Thereof. - The penalty of life imprisonment to death and a fine ranging from
shall be imposed upon any person, who shall plant, cultivate or culture marijuana,
opium poppy or any other plant regardless of quantity, which is or may hereafter be
classified as a dangerous drug or as a source from which any dangerous drug may
be manufactured or derived: Provided, That in the case of medical laboratories and
medical research centers which cultivate or culture marijuana, opium poppy and
other plants, or materials of such dangerous drugs for medical experiments and
research purposes, or for the creation of new types of medicine, the Board shall
prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.
The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State, unless
38
the owner thereof can prove lack of knowledge of such cultivation or culture despite
the exercise of due diligence on his/her part. If the land involved is part of the public
domain, the maximum penalty provided for under this Section shall be imposed upon
the offender.
Section 17. Maintenance and Keeping of Original Records of Transactions on

Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years
and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed upon any practitioner, manufacturer, wholesaler,
importer, distributor, dealer or retailer who violates or fails to comply with the
maintenance and keeping of the original records of transactions on any dangerous
drug and/or controlled precursor and essential chemical in accordance with Section
40 of this Act.
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.
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of

imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years
thousand pesos (P500,000.00) and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner, who shall prescribe any
dangerous drug to any person whose physical or physiological condition does not
require the use or in the dosage prescribed therein, as determined by the Board in
consultation with recognized competent experts who are authorized representatives
of professional organizations of practitioners, particularly those who are involved in
the care of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life

imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the

Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking
of Dangerous Drugs and/or Precursors and Essential Chemicals. – Every penalty
39
imposed for the unlawful importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of any dangerous drug and/or
controlled precursor and essential chemical, the cultivation or culture of plants which
are sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory
equipment, shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties derived from the unlawful act,
including, but not limited to, money and other assets obtained thereby, and the
instruments or 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.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the
Court shall immediately schedule a hearing for the confiscation and forfeiture of all
the proceeds of the offense and all the assets and properties of the accused either
owned or held by him or in the name of some other persons if the same shall be
found to be manifestly out of proportion to his/her lawful income: Provided, however,
That if the forfeited property is a vehicle, the same shall be auctioned off not later
than five (5) days upon order of confiscation or forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or income
derived therefrom, which may be confiscated and forfeited, shall be disposed,
alienated or transferred and the same shall be in custodia legis and no bond shall be
admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited under
this Section shall be used to pay all proper expenses incurred in the proceedings for
the confiscation, forfeiture, custody and maintenance of the property pending
disposition, as well as expenses for publication and court costs. The proceeds in
excess of the above expenses shall accrue to the Board to be used in its campaign
against illegal drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered

Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The
PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the Department of Justice (DOJ),
and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;
40
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous
drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination;
(3) A certification of the forensic laboratory examination results, which shall

be done under oath by the forensic laboratory examiner, shall be issued within
twenty-four (24) hours after the receipt of the subject item/s: Provided, That
when the volume of the dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous
drugs still to be examined by the forensic laboratory: Provided, however, That
a final certification shall be issued on the completed forensic laboratory
examination on the same within the next twenty-four (24) hours;
(4) After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized and/or
surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s
which shall be borne by the offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated, used or recycled for
legitimate purposes: Provided, further, That a representative sample, duly
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction
or burning of the subject item/s which, together with the representative
sample/s in the custody of the PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the representative sample/s shall
be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed

to personally observe all of the above proceedings and his/her presence shall
not constitute an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in writing to the
accused or his/her counsel within seventy-two (72) hours before the actual
burning or destruction of the evidence in question, the Secretary of Justice
shall appoint a member of the public attorney's office to represent the former;
41
(7) After the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case and, in
turn, shall request the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction within twenty-four
(24) hours from receipt of the same; and
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity
of this Act, dangerous drugs defined herein which are presently in possession
of law enforcement agencies shall, with leave of court, be burned or destroyed,
in the presence of representatives of the Court, DOJ, Department of Health
(DOH) and the accused/and or his/her counsel, and, b) Pending the
organization of the PDEA, the custody, disposition, and burning or destruction
of seized/surrendered dangerous drugs provided under this Section shall be
implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. – The Board shall
recommend to the concerned government agency the grant of compensation, reward
and award to any person providing information and to law enforcers participating in
the operation, which results in the successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals.
Section 23. Plea-Bargaining Provision. – Any person charged under any provision of
this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers.
– Any person convicted for drug trafficking or pushing under this Act, regardless of
the penalty imposed by the Court, cannot avail of the privilege granted by the
Probation Law or Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by

an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the
provisions of any law to the contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance in the commission of a crime by
an offender, and the application of the penalty provided for in the Revised Penal Code
shall be applicable.
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the

following unlawful acts shall be penalized by the same penalty prescribed for the
commission of the same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and

essential chemical;
42
(b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in
any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and

essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation,

Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act Committed.
– The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to
absolute perpetual disqualification from any public office, shall be imposed upon any
public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of
the trafficking of dangerous drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural or juridical persons found
guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from
office and perpetually disqualified from holding any elective or appointive positions
in the government, its divisions, subdivisions, and intermediaries, including
government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The

maximum penalties of the unlawful acts provided for in this Act shall be imposed, in
addition to absolute perpetual disqualification from any public office, if those found
guilty of such unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found
guilty of "planting" any dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations

or Other Juridical Entities. – In case any violation of this Act is committed by a
partnership, corporation, association or any juridical entity, the partner, president,
director, manager, trustee, estate administrator, or officer who consents to or
knowingly tolerates such violation shall be held criminally liable as a co-principal.
43
The penalty provided for the offense under this Act shall be imposed upon the partner,
president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment
or other facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of dangerous
drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other
instrument is owned by or under the control or supervision of the partnership,
corporation, association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties

prescribed in the unlawful act committed, any alien who violates such provisions of
this Act shall, after service of sentence, be deported immediately without further
proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any person found violating any regulation
duly issued by the Board pursuant to this Act, in addition to the administrative
sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the

provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the
provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit
Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article
II of this Act, who voluntarily gives information about any violation of Sections 4, 5,
6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described above, shall be exempted from
prosecution or punishment for the offense with reference to which his/her information
of testimony were given, and may plead or prove the giving of such information and
testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the
persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the
44
State as further consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness
who does not appear to be most guilty for the offense with reference to which his/her
information or testimony were given: Provided, finally, That there is no direct
evidence available for the State except for the information and testimony of the said
informant or witness.
Section 34. Termination of the Grant of Immunity. – The immunity granted to the
informant or witness, as prescribed in Section 33 of this Act, shall not attach should
it turn out subsequently that the information and/or testimony is false, malicious or
made only for the purpose of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom such information or
testimony is directed against. In such case, the informant or witness shall be subject
to prosecution and the enjoyment of all rights and benefits previously accorded him
under this Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just
cause, and when lawfully obliged to do so, or should he/she violate any condition
accompanying such immunity as provided above, his/her immunity shall be removed
and he/she shall likewise be subject to contempt and/or criminal prosecution, as the
case may be, and the enjoyment of all rights and benefits previously accorded him
under this Act or in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the applicability
of this Section hereof, such individual cannot avail of the provisions under Article VIII
of this Act.
Section 35. Accessory Penalties. – A person convicted under this Act shall be
disqualified to exercise his/her civil rights such as but not limited to, the rights of
parental authority or guardianship, either as to the person or property of any ward,
the rights to dispose of such property by any act or any conveyance inter vivos, and
political rights such as but not limited to, the right to vote and be voted for. Such
rights shall also be suspended during the pendency of an appeal from such conviction.
III. FOREIGN LITERATURE
45
In 2001, the Portuguese government did something that the United States
would find entirely alien. After many years of waging a fierce war on drugs, it
decided to flip its strategy entirely: It decriminalized them all.
If someone is found in the possession of less than a 10-day supply of anything
from marijuana to heroin, he or she is sent to a three-person Commission for
the Dissuasion of Drug Addiction, typically made up of a lawyer, a doctor and
a social worker. The commission recommends treatment or a minor fine;
otherwise, the person is sent off without any penalty. A vast majority of the
time, there is no penalty.
Fourteen years after decriminalization, Portugal has not been run into the
ground by a nation of drug addicts. In fact, by many measures, it's doing far
better than it was before.
The background: In 1974, the dictatorship that had isolated Portugal from the
rest of the world for nearly half a century came to an end. The Carnation
Revolution was a bloodless military-led coup that sparked a tumultuous
transition from authoritarianism to democracy and a society-wide struggle to
define a new Portuguese nation.
46
The newfound freedom led to a raucous attitude of experimentalism toward
politics and economy and, as it turned out, hard drugs.
FILE - In this April 25 1974 file picture, people cheer soldiers in a tank driving
through downtown Lisbon during a military coup.Source: Associated Press
Portugal's dictatorship had insulated it from the drug culture that had swept
much of the Western world earlier in the 20th century, but the coup changed
everything. After the revolution, Portugal gave up its colonies, and colonists
and soldiers returned to the country with a variety of drugs. Borders opened
up and travel and exchange were made far easier. Located on the
westernmost tip of the continent, the country was a natural gateway for
trafficking across the continent. Drug use became part of the culture of
liberation, and the use of hard narcotics became popular. Eventually, it got
out of hand, and drug use became a crisis.
At first, the government responded to it as the United States is all too familiar
with: a conservative cultural backlash that vilified drug use and a harsh,
punitive set of policies led by the criminal justice system. Throughout the
47
1980s, Portugal tried this approach, but to no avail: By 1999, nearly 1% of
the population was addicted to heroin, and drug-related AIDS deaths in the
country were the highest in the European Union, according to the New Yorker.
But by 2001, the country decided to decriminalize possession and use of
drugs, and the results have been remarkable.
What's gotten better? In terms of usage rate and health, the data show that
Portugal has by no means plunged into a drug crisis.
As this chart from Transform Drug Policy Foundation shows, the proportion of
the population that reports having used drugs at some point saw an initial
increase after decriminalization, but then a decline:
Source: Transform Drug Policy Foundation
(Lifetime prevalence means the percentage of people who report having used
a drug at some point in their life, past-year prevalence indicates having used
within the last year, and past-month prevalence means those who've used
within the last month. Generally speaking, the shorter the time frame, the
more reliable the measure.)
48
Drug use has declined overall among the 15- to 24-year-old population, those
most at risk of initiating drug use, according to Transform.
There has also been a decline in the percentage of the population who have
ever used a drug and then continue to do so:
Source: Transform
Drug-induced deaths have decreased steeply, as this Transform chart shows:
Source: Transform
HIV infection rates among injecting drug users have been reduced at a steady
pace, and has become a more manageable problem in the context of other
countries with high rates, as can be seen in this chart from a 2014 report by
the European Monitoring Center for Drugs and Drug Addiction Policy:
Source: European Drug Report 2014: Trends and developments/EMCDDA
And a widely cited study published in 2010 in the British Journal of Criminology
found that after decriminalization, Portugal saw a decrease in imprisonment
on drug-related charges alongside a surge in visits to health clinics that deal
with addiction and disease.
Not a cure but certainly not a disaster: Many advocates for decriminalizing or
legalizing illicit drugs around the world have gloried in Portugal's success. They
point to its effectiveness as an unambiguous sign that decriminalization works.
49
But some social scientists have cautioned against attributing all the numbers
to decriminalization itself, as there are other factors at play in the national
decrease in overdoses, disease and usage.
At the turn of the millennium, Portugal shifted drug control from the Justice
Department to the Ministry of Health and instituted a robust public health
model for treating hard drug addiction. It also expanded the welfare system
in the form of a guaranteed minimum income. Changes in the material and
health resources for at-risk populations for the past decade are a major factor
in evaluating the evolution of Portugal's drug situation.
Alex Stevens, a professor of criminal justice at the University of Kent and co-
author of the aforementioned criminology article, thinks the global community
should be measured in its takeaways from Portugal.
"The main lesson to learn decriminalizing drugs doesn't necessarily lead to
disaster, and it does free up resources for more effective responses to drug-
related problems," Stevens told Mic.
50
The road ahead: As Portugal faces a precarious financial situation, there are
risks that the country could divest from its health services that are so vital in
keeping the addicted community as healthy as possible and more likely to re-
enter sobriety.
That would be a shame for a country that has illustrated so effectively that
treating drug addiction as a moral problem — rather than a health problem —
is a dead end.
In a 2011 New Yorker article discussing how Portugal has fared since
decriminalizing, the author spoke with a doctor who discussed the vans that
patrol cities with chemical alternatives to the hard drugs that addicts are trying
to wean themselves off of. The doctor reflected on the spectacle of people
lining up at the van, still slaves of addiction, but defended the act: "Perhaps
it is a national failing, but I prefer moderate hope and some likelihood of
success to the dream of perfection and the promise of failure."
ADVANTAGES OF DRUG PROHIBITION (Why use of drugs should be
prohibited)
1. The Pope wouldn't like it
51
Pope Francis has tarnished his glowing liberal credentials as the tweeting
pontiff who spoke inclusively about gay people, denounced "unbridled
capitalism" and reached out to Muslims, by speaking out against
decriminalisation. Francis is a native of Argentina, which borders Uruguay
where cannabis is now legally grown and smoked. He said legalising
recreational drugs was "highly questionable" and would "fail to produce the
desired effects", reported the Daily Mail. He added that legalisation was "a
veiled means of surrendering to the problem".
2. Regulation may overstep the mark
The Misuse of Drugs Act of 1971 classifies drugs as illegal in the UK based on
their chemical compounds. The European Monitoring Centre for Drugs and
Drug Addiction says that, due to small alterations in the chemical formulae of
illegal drugs, two new legal highs are discovered in Europe every week. In an
effort to combat this trend, ministers have introduced a law banning all
psychoactive substances, which could technically cover everything from hot
chocolate to heroine, The Guardian reports. Notably, caffeine, food and
nicotine are exempt. Among the proposed banned substances are drugs that
have been legally sold and used in the UK for decades, such as laughing gas
and poppers.
3. Legalising drugs would create addicts
52
Kevin Sabet, a leading US academic and opponent of drug liberalisation, told
The Guardian last year: "Legal regulation has been a disaster for drugs like
alcohol and tobacco. Both of those drugs are now sold by highly
commercialised industries who thrive off addiction for profit." He concluded:
"What we need is much smarter law-enforcement, coupled with real demand
reduction in places like Europe and the US." At a time when governments are
uniting to stop people smoking, should they really be becoming more laissez-
faire about drug use?
DISADVANTAGES OF DRUG PROHIBITION (Why use of prohibited drugs
drugs should be legalized)
1. If you can’t beat them, regulate them
Sir William Patey, the former UK ambassador to Afghanistan, ruffled feathers
last year when he came out in favour of legalising the trade in opium poppies,
from which heroin is derived. Writing in The Guardian, Patey said it was
impossible to stop Afghan farmers from growing and exporting opium illegally,
and concluded that "if we cannot deal effectively with supply" the only
alternative is to "limit the demand for illicit drugs by making a licit supply of
them available from a legally-regulated market". This would create stability
and peace in drug-producing nations.
53
2. Ganja is good for business
In Jamaica, one of the major arguments in favour of decriminalising ganja, as
cannabis is known there, was an economic one. As well as making possession
less dangerous (it currently only results in a fine), the government has now
legalised growing for medical purposes.
3. Therapeutic uses
The island hopes for a gold-rush selling the drug to US states which allow its
therapeutic use, says the Daily Telegraph. Even the US State Department
acknowledges that Jamaica is the largest Caribbean supplier of marijuana to
the United States.
IV. FOREIGN STUDIES
Drug laws around the world
Jamaica decriminalised the possession of small amounts of the drug in
February, and in Portugal the possession of small quantities of any drug has
been decriminalised.
54
In December 2013, Uruguay became the first nation to make it legal to grow,
consume and sell the plant. That said, all sales must pass through a
government-run marketplace, and the administration has yet to set up that
system.
Twenty-three US states and the District of Columbia allow marijuana for
medical purposes and Washington became the first to permit the recreational
use of the plant in 2012, despite a federal ban. Colorado, Oregon, Alaska and
the District of Columbia have since followed suit. Cannabis went on sale in
Washington in July 2014.
Other Foreign Countries Legalizing Drugs Application and Penalties
Colomb Possession is Sale is Transpor Cultivation is Since 1994,
ia Legal for up to Legal tation is Legal up to 20 cannabis has
22 grams for for Legal for plants for been
personal use. medic medical personal legalized for
No limit for al and and consumption. possession
medical or scienti scientific No limit for of small
scientific use only medical or amounts up
55
purpose, and fic use scientific use, to 22 grams
if licensed by only and if licensed for personal
the "National by the consumption
Anti-narcotics "National Anti- . It is legal to
Council" narcotics possess up
Council" to 20 plants
for personal
consumption
On 22
December
2015, the
President of
Colombia,Ju
an Manuel
Santos,
signed a
decree
legalising the
cultivation,
consumption
56
, export, and
import of
cannabis
strictly for
medical and
scientific
purposes.
Croatia Illegal Illegal From 2013, there is distinction in the
(decriminalize (medic Croatian penal code between various
d) al use illegal substances, they are now
only) separated on heavy drugs and light
drugs like Marijuana. According to the
law, growing or selling cannabis is
considered a felony punishable by a
mandatory prison sentence (three
years minimum), and from 2013, the
possession of small amount of
marijuana and other light drugs is a
misdemeanor which leads to a fine of
5000–20000kn ($800–3500)
depending on the case in question. As
57
of 15 October 2015, the Ministry of
Health has officially legalized the use of
cannabis-based drugs for medical
purposes for patients with illnesses
such as cancer, multiple sclerosis or
AIDS.
Germa Possessi Sale is Transport Cultivati The possession of
ny on is Legal ation is on is cannabis is illegal, while
Legal (Legal Legal Legal consumption itself is
(Legal if if (Legal if (Legal if legal on the basis of it
permissi permi permissio permissi being considered self-
on is ssion n is given on is harm, which is not
given by is by given by considered a crime. The
"Federal given "Federal "Federal possession of small
Institute by Institute Institute amounts is prosecuted,
for "Fede for Drugs for but charges are virtually
Drugs ral and Drugs always dropped. The
and Instit Medical and definition of this "small
Medical ute Devices") Medical amount" varies
Devices" for Devices" depending on the federal
) Drugs ) state, the state
58
and of Berlin being the most
Medic liberal, allowing 15
al grams for personal use in
Devic most cases, while most
es") states do not prosecute
up to 6 grams.
It is also possible to
obtain a special
permission by the
"Federal Institute for
Drugs and Medical
Devices" to obtain,
possess and consume
cannabis as a part of
medically supervised and
accompanied self-
therapy. By January
2015, 382 patients have
obtained such a
permission. Furthermore
Cannabis cultivation and
possession can be
59
permitted to scientific
institutions or
administrative bodies.
Pharmacies can obtain a
special permission to sell
cannabis or cannabis
based medication to
patients with a
permission.
I.
Czech Possess Sale Transport Cultivati Possession of up to
Republi ion is Purcha ation is on is fifteen grams for
c Illegal se of Illegal (up Illegal personal use or
(posses up to to 15g (cultivat cultivation of up to five
sion of 15g decrimina ion of up plants is a misdemeanor
up to legal; lized/Medi to 5 subject to minor fine -
15g sale of cal bushes mostly not enforced.
decrimi medica subject to decrimin Popular destination for
nalized l license alized/c smokers. Medical use of
) canna legal) ultivatio cannabis on prescription
bis n for has been legal and
60
legal, medical regulated since 1 April
otherw purpose 2013.
ise s
sale subject
illegal) to
license
legal)
Greece Possession is Possession or use of even small amounts is
Illegal (but the illegal in Greece, but if found to be for
amount of half a personal use it's decriminalized in court.
gram or 2 Individuals are arrested, although rarely
cigarettes convicted by court. Possession of large
decriminalized if quantities may lead to several years in
made sure to be prison.
for personal use)

The Government was said to be preparing a
bill that would decriminalize the use of drugs
in August 2011, but the legislation was not
changed at all.
India Possession Sale Transport Cultivati Government-owned
is Illegal, is ation is on is shops in holy cities like
but legal Illegal Illegal, Illegal, Varanasi and few other
61
and/or , but but legal but legal north Indian states sell
tolerated legal and/or and/or cannabis in the form of
(for and/o tolerated tolerate bhang. Despite the
personal r in several d in high prevalent usage,
use in tolera states several this law is Illegal but
small ted in such as states rarely enforced and
quantity) sever West such as treated as a low
in several al Bengalguj West priority across India.
states states rat,, Bengal, Large tracts of
such as such Bihar, Bihar, cannabis grow
West as Orissa Orissa unchecked in the wild
Bengal,guj West Tripura, Tripura, in many parts of
rat, Bihar, Benga and the gujrat, northern and southern
Orissa l,gujr North and the India. Many states
Tripura, at, East North such as West Bengal,
and the Bihar, East Bihar, Orissa
North Orissa Tripura,gujrat, and the
East. Tripur gujrat have their own
a, and laws allowing
the cannabis, locally
known as ganja.
62
North
East.
Malta Possession Cultivation is Simple possession will still
is Illegal Illegal (Cultivation remain an "arrest able offense"
(decrimina of a cannabis plant is for the police to be able to
lized up to for personal use fight drug trafficking, and says
3.5g) will no longer be that the possession of a minimal
punishable by a amount of drugs for personal
mandatory prison consumption will effectively be
sentence or decriminalized. First-time
suspended offenders will be handed fines of
sentence between €50 and €100 in the
specialized doctors case of cannabis possession.
will be allowed to Repeat offenders will appear
prescribe medical before a Drug Offenders
cannabis) Rehabilitation Board, headed by
retired Chief of Justice, which
will set conditions for
rehabilitation. Breaching the
conditions would be tantamount
to a criminal offence. The
63
Magistrates Court - in cases not
involving the use of weapons or
violence - would be able t acts as
a Drugs Court and refer the
accused for treatment to the
rehabilitation board.
Italy Illegal Possession of small amounts for personal
(decriminalized, use is a misdemeanor subject to fines and
legal for medical and the suspension of documents (passports
religious usage) and/or drivers licenses). The sale of
cannabis products is illegal and punishable
by imprisonment; cultivation is likewise
punishable by imprisonment, even if in small
amounts and for exclusive personal use.
Licensed cultivation for medical and
industrial use is strictly regulated.
Puerto Possessio Sale is Transpo Cultivati The Governor of
Rico n is Illegal Illegal rtation on is Puerto Rico signed an
(Legal for (Legal is Illegal Legal executive order to
for (medical
64
medical medical use (medical legalize cannabis for
use only) use only) use only) medicinal use only.
only)
Possession is Illegal Possession is decriminalized Art. 299 of the

Peru
(decriminalized up Criminal Code. Possession of under 8 grams
to 8 grams) is considered personal use and it is not
punished.
Illegal: Cultivation, production or sell is
punished with 8 to 15 years in prison.
Paragu Possession is Illegal In Paraguay, Law N° 1.340 (Art. 30),
ay (decriminalized up exempted from punishment those in
to 10 grams) possession of a maximum of 10 grams of
marijuana for personal consumption.
II.
U.S. Possession is Illegal The governor of the U.S. Virgin Islands
Virgin (decriminalized), approved a bill that decriminalized
Island possession of quantities possession of marijuana up to an ounce.
of up to an ounce
65
Possession is Illegal Transportation is Cultivation is
Ukraine
(decriminalized Illegal Illegal
possession of quantities (decriminalized (decriminalized
of up to 5 grams) possession of up to 10 plants)
quantities of up to 5
grams)
Posses Sale is Illegal at Trans Cultivatio Laws vary by state,

United
sion is the federal portat n is Illegal Territory, Indian
States
Illegal level (but legal ion is at the Reservation, and
at the at the state Illegal federal the Federal District.
federal level with a at the level (but Federal law
level state issued federa legal at classifies cannabis
(but license in l level the state as a Schedule I
legal at Colorado, (but level for substance, the
the Washington, legal individual same classification
state Oregon and at the s/commer as heroin.
level Alaska. Legal state cial in The United States
in Colo medicinal sales level Colorado, Supreme Court has
rado, in several within Alaska a ruled in Gonzales v.
Washin additional the nd Raich that the
gton, states. All states Oregon, federal government
66
Oregon Indian of Col individual has the power to
and Al Reservations orado but not regulate and
aska a are allowed to , commerci criminalize
nd the regulate Washi al in cannabis, even for
cities cannabis laws, ngton Washingt medical purposes.
of Portl Laws varies by , Oreg on, D.C., The Department of
and an reservation. on and only Justice recently
d and Al commerci allowed recognized
South aska. ally in Indian reservations
Portlan Legal Washingt to regulate
d, for on. marijuana within
Maine medic Medicinal their
and in inal growing is reservation. Howev
Washin patien legal in er, despite the
gton, ts in several Department of
D.C.; sever states as Justice stating that
decrimi al well. All federally recognized
nalized additi Indian Indian reservations
in 18 onal Reservati have the right to
states, states ons are regulate cannabis
medici . allowed to on their land, the
nal All In regulate Department of
67
legal in dian cannabis Justice's agency,
25 Reser laws, the Administration
states vation Laws has been raiding
and s are varies by and/or destroying
Guam. allowe reservatio cannabis crops on
All Indi d to n.) several reservations
an regula creating a double
Reserv te standard among
ations canna U.S. enforcement
are bis agencies.
allowed laws,
to Laws
regulat varies
e by
cannab reserv
is laws, ation.
Laws )
varies
by
reserva
tion.)
68
Cultivation is Legal Sale and transportation of any quantity
Spain
(Only for own of cannabis is a criminal offence,
consumption. If the punishable by jail time. The purchase,
plants are located possession and consumption of cannabis
somewhere visible in a public place constitutes a
from the street/public misdemeanor and punishable by a fine
place, it's an and confiscation of the product.
administrative offense Consumption and cultivation by adults
in a private space is legal, the latter due
to a legal vacuum. Cannabis plants that
located somewhere visible from the
street/public place (ie. from balconies)
are considered a serious administrative
offense, which leads to a fine from 601
to 30.000€. About 500 private
"cannabis clubs" exist in Spain, 200 of
them in Barcelona, and Spain is spoken
of as the "new Amsterdam," a
destination for marijuana
tourists.[146] All actions related to
cannabis apart from sale or trade aren't
considered criminal offenses,] and
69
normally are misdemeanors punishable
by a fine.
Possession Sale is Transportation is Cannabis products are

Netherlan
is Legal Legal only Illegal (but only sold openly in certain
ds
(possessio for 'coffee unenforced for local "coffee shops" and
n up to 5 shops' 'coffee shops') possession of up to 5
grams, grams for personal use is
decriminali decriminalized, however:
zed on the police may still
public use, confiscate it, which
legal for notably happens in car
use in checks near the border.
'coffee Other types of sales and
shop') transportation are not
permitted, although the
general legal approach
toward cannabis was
before de fact
decriminalization.
Jamaica Cultivation On 25 February 2015, the Jamaican House of
is Legal Representatives passed a law decriminalizing
70
possession of up to 2 ounces of cannabis. The
new law includes provisions legalizing the
cultivation for personal use of up to 5 plants, as
well as setting up regulations for the cultivation
and distribution of cannabis for medical,
religious purposes and natural growth. The
legislation is expected to have "positive
implications" for Jamaica, such as
"acknowledging the constitutional rights of the
Rastafari community, who use ganja as a
sacrament" and reduce "the heavy burden of
cases on the Resident Magistrates' Courts,"
according to the Justice Ministry. Among the
amendments is one mandating the creation of a
Cannabis Licensing Authority that would grant
permits for the cultivation, processing,
distribution and sale of marijuana for medicinal,
scientific and therapeutic purposes?
Possessi Sale Transportatio Cultivatio José Mujica has fully

Uruguay
on is is n is Legal n is Legal
legalized any use of
Legal
Cannabis in Uruguay;
71
Lega law does not specify
l quantity for "personal
amount".[168] As of
10 December 2013,
the House of
Representatives and
Senate passed a bill
legalizing and
regulating the
production and sale
of the drug. But the
president has
postponed the
implementation to
2015 and parts of the
opposition claim that
the new law will
never be
implemented. The
new law says that
buyers must be 18 or
older, residents of
72
Uruguay, and must
register with the
authorities.
Authorities will grow
the cannabis that can
be sold legally.
Possessi Sale is Illegal Transportati Cultivation Legal

Chile
on is (except medical on is Illegal (since 2015)
Illegal use only)
(decrimi
nalized)
73
Chapter 3
SUMMARY OF FINDING, CONCLUSIONS, AND
RECOMMENDATIONS
SUMMARY OF FINDINGS
Crime and drugs are social problems that should be stopped in the Philippines.
While some drugs are illegal to possess, many governments regulate the
manufacture, distribution, marketing, sale and use of certain drugs, for
instance through a prescription system. Only certain drugs are banned with a
"blanket prohibition" against all possession or use. The most widely banned
substances include psychoactive drugs, although blanket prohibition also
extends to some steroids and other drugs. Many governments do not
criminalize the possession of a limited quantity of certain drugs for personal
use, while still prohibiting their sale or manufacture, or possession in large
quantities. Some laws set a specific volume of a particular drug, above which
is considered ipso jure to be evidence of trafficking or sale of the drug.
Some people say that it is the cause of all crimes. The crime rates
is growing every year but you can’t say that the cause of its crime rates’
growth are drugs. It is easy to judge a person’s morality when he is using
these illegal drugs but we should also consider that what makes us human is
that because we are rational. By we mean rational, it means that we are
capable of thinking clearly of what we do in our lives. The prohibition of drugs
74
creates more crimes in the Philippines. We are forgetting its positive benefits
in aid of health and wellness researches. Doctors prescribed depressants to
help people be less angry, anxious, or tense. Depressants relax muscles and
make people feel sleepy or like their head are stuffed. A stimulant speeds up
a person's body and brain. Stimulants, such as methamphetamines, have the
opposite effect of depressants. Usually stimulants make a person high
energetic. When the effects of a stimulant wear off, a person will feel tired or
sick. So drugs does not really destroy a human mind and body but it enhances
or sometimes boots a human’s capability.
The researchers believe that drugs should be legalized in the
country for it will not hinder other researchers to truthful information and
education. People should not be stopped to study a drugs because they will
not be able to generate or learn new ideas on how to use it to its full potential.
Drugs also criminalizes number of growing people because they are prohibited
to do so. If it will be legalized then the right of the people to use drugs
responsibly will be restored. It is like being deprived of what they want to do.
Lastly, prohibition has never been effective. It just produces anarchy. We just
want to reiterate that, legalization is not a cure-all but it allow us to address
many of the problems associated with it. The question that the researchers
want you to answer is that, “What are the benefits of criminalizing any drug?
Did the prohibition became effective?”.
75
CONCLUSIONS
i. Veronica Chan
It is prohibition that makes these drugs so valuable – while giving
criminals a monopoly over their supply. After a rapist is arrested, there are
fewer rapes. After a drug dealer is arrested, however, neither the supply nor
the demand for drugs is seriously changed. Eliminating prohibition of all drugs
for adults and establishing appropriate regulation and standards for
distribution and use, law enforcement could focus more on crimes of violence,
such as rape, aggravated assault, child abuse and murder, making our
communities much safer. In that sense, I have nothing against in legalizing
drugs, given the fact that it also have many advantages. By legalization, I am
referring legalization with restrictions. Legalization that our government would
regulate its’ use and sale. Also I think, most of our government legislators are
hinder by its disadvantages and by their mindset that drugs is the cause of
evil and crime. They should look beyond that and consider also its advantages
and its effects and benefits- consider countries where the use of drugs is not
prohibited.
i. Josh Hosena
The number of illegal drug users are inevitably increasing despite
the tight prevention of law. The government should think for an alternative to
decrease the causalities brought by this illegal substances. An example of such
76
alternative is by decriminalizing and regulating the illegal substances, through
this solution the government will not prevent the spread of illegal substances
but as a result it can decrease the causalities of such substances. If people
will come to think of it, such decriminalization will not affect the prevention of
entry of illegal substances in the country, since the government cannot help
to prevent it, but the regulation of the substances may help to decrease the
quantity and effects of such illegal substances.
ii. Tara Mediodia
If we are able to legalize drugs in the Philippines, there will be a
decrease of a wealth of disinformation about drugs and drug use is given to
us by ignorant and prejudiced policy-makers and media who peddle myths
upon lies for their own ends. This creates many of the risks and dangers
associated with drug use. Legalization would help us to disseminate open,
honest and truthful information to users and non-users to help them to make
decisions about whether and how to use. We could begin research again on
presently illicit drugs to discover all their uses and effects - both positive and
negative. The prohibition unnecessarily criminalizes millions of otherwise law-
abiding people. It removes the responsibility for distribution of drugs from
policy makers and hands it over to unregulated, sometimes violent dealers.
77
Legalization restores our right to use drugs responsibly to change the way we
think and feel. It enables controls and regulations to be put in place to protect
the vulnerable. There is no evidence to show that prohibition is succeeding.
Legalization is not a cure-all but it does allow us to address many of the
problems associated with drug use, and those created by prohibition. The time
has come for an effective and pragmatic drug policy.
Drugs are addictive. They rob the user of free will. A drug user
cannot make an informed and rational decision to continue using drugs
because the use of the drug eliminates that user’s ability to think logically.
Nor can they disseminate themselves from drug taking. It is dangerous to
persons besides the user. In the rise of health care costs, violence associated
with the use of drugs, neglect of children by drug-addicted parents, and other
third party effects. The use of soft drugs, such as marijuana, leads to the use
of hard drugs. Legalizing drugs will send a message to children that drug use
is acceptable.
iii. Gio Montero
Illegal drugs are one of the planet’s most pressing problems. They
shatter hundreds of millions of lives and wreak untold social, economic and
political damage in both consuming and producing nations. But it is also one
of the things here on earth that helps people about certain matters like health
issues. For me Drugs that are harmful or that can cause harm to the health
78
or the way people think must be prevented not including for me the use of
Cannabis or what others call marijuana. There are certain health benefits that
these organic plant that they include in the prohibited list.
iv. Ruth Orinday
Personally, I am in favor of legalizing the use of drugs here in the
Philippines for the reason that the present laws and policies does not resolve
the issues about the illegal use of drugs and its effects. A number of studies
were already conducted showing that there are still numerous of people,
including minors, who are engaged in the illegal use of drugs. If the use of
drugs are legalized in the Philippines, the country will be open to new possible
solutions. In addition to this, a wealth of information about drugs and drug
use will be given to people such as its medical use. The use of drugs will also
be controlled and regulated. With these, I can say that the advantages of
legalizing use of illegal drugs outweighs the advantages of prohibiting it.
v. Bill Zinampan
Illegal drugs has been existing in the Philippines since the day I
was born. It was used in different studies, it was found out that they are
beneficial, yet some were found not. The problem here is the term overuse or
too much consumption. But should we really ban or prohibit those illegal
drugs, if there is a chance for a study to change it. Prohibiting it just creates
anarchy for the people who want to use it because if you are prohibited of
79
doing it, you will be judged to be an immoral person. Can we just let people
who want to try it, to use it? I think we are depriving him of his right if we
illegalize it. In fact, the potentials of these drugs to be developed into a more
or much better drug will be paralyzed if researchers will be deprived to use
such drug for further study or research.
80
RECOMMENDATIONS
1. The researchers recommend, based from the findings, that the
Congress should pass a law legalizing all prohibited substances, which will
allow the government to regulate the same.
2. It is also recommended that the government should provide funds for
further researches of prohibited substances for purposes of getting more
knowledge and lessening negative side effects of such substances.
3. The researchers further recommend that upon legalizing such
prohibited substances the government should implement a program that will
educate everyone, especially those not of legal age, of the harmful and
negative effects of such substances.
4. The researchers also recommend the selling of prohibited substances
for generation of income for the government, in addition to the funds
reserved for health.
5. The researchers recommend that future researchers dwell on the
substances to be discovered or has limited data or information.
81
BIBLIOGRAPHY/REFERENCES/WORKS CITED
Articles
1. Arcangel, Xianne). "Pinoys still being nabbed for drugs abroad despite
executions". August 2013
2. Dizon, David. "World's most powerful drug cartel now in
PH". December 2013.
3. Rayl, A. J. S. “Brain Master” in Omni. June 1986.
4. Wilson, Karl. "Philippines poll 'hit by drugs trade'". The
National. March 2010.
Books
1. Carso, J. F. The Experimental Psychology of Sensory Behavour. New
York: Holt, Rinehart & Winston, 1967.
2. Kaplan, John. Marijuana – The New Pohibition. New York: The World
Publishing Copany. 1970.
3. Synder, S.H. Drugs and the Brain. New York: Scientific American
Books, 1968
Online Sources
1. “Drugs What You Should Know” by Kids Young Adults
http://endoflifecare.tripod.com/kidsyoungadults/id36.html
82
2. “Facts about drugs” by Dangerous Drugs Board
http://www.justice.gov/dea/druginfo/factsheets.shtml
3. “Drug Facts” by NIDA for Teens
http://teens.drugabuse.gov/drug-facts
4. “What You Need To Know” by Kids Health
http://kidshealth.org/en/kids/know-drugs.html
83

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Chapter 1

society. An estimated 208 million people internationally consume illegal drugs.

the body's function either physically and/or psychologically. Drugs may be

cocaine and heroin).

• Depressants: Drugs that decrease alertness by slowing down the activity

of the central nervous system (e.g. heroin, alcohol and analgesics).

• Stimulants: Drugs that increase the body's state of arousal by increasing

the activity of the brain (e.g. caffeine, nicotine and amphetamines).

depressive, hallucinogenic and some stimulant properties).

and forget problems; to gain confidence; to socialize; out of curiosity; as a

form of escapism; to lessen inhibitions; to remove personal responsibility for

decisions; to celebrate or commiserate; to relieve boredom and stress and

self-medication to cope with problem

While the specific physical and psychological effects of drug use

effects of addiction to any drug can be devastating. Psychologically,

intoxication with or withdrawal from a substance can cause everything from

euphoria as with alcohol, Ecstasy, or inhalant intoxication, to paranoia with

marijuana or steroid intoxication, to severe depression or suicidal thoughts

sleepiness and slowed breathing as with intoxication with heroin or sedative

to seizures of alcohol withdrawal. The longer an addiction lasts, the more

or woman into a frail shadow of their former self.

According to MedicineNet, an individual who is living with a drug

addiction for an extended period of time may begin to experience a number

of serious psychological problems as a result of their dependence on drugs.

term psychological effects of drug addiction are:

• Depression. As an individual develops a tolerance to drugs, it will take

ever-increasing amounts of the substance to get high. When the

individual is unable to achieve their desired state of euphoria, they may

become depressed. Chronic depression also occurs as the drug addict

continue to use drugs.

• Paranoia. Individuals with a cocaine addiction or marijuana addiction

often report a feeling of paranoia over the course of their dependence.

and more paranoid.

them to slack on job responsibilities and even lose their job.

Relationships are also negatively affected by drug-induced anxiety.

DRUGS AND CRIME

There are two schools of thought on the issue of drug legalization

linked. Many legalization supporters believe that property crime, particularly

burglary, larceny from persons (purse snatchers, chain snatchers, and

terms “drug-related murder” and “drive-by shooting” would become outdated

traditional organized crime would be seriously affected by legalization.

crime would be able to survive on other criminal activities, such as loan

sharking, gambling, prostitution, and child pornography. But drug legalization

would remove the backbone of organized crime’s profits, causing it to diminish

Illegal drug use is “almost automatically” associated with criminal behaviour.

first glance, but it is not possible to draw a conclusion regarding a definite

regular users, and even fewer will develop a drug addiction.

Contemporary conceptual models are not based on a cohesive empirical body

(e.g., our unrepresentative samples usually comprise drug users heavily

on those studies). It is also extremely difficult to incorporate knowledge that

use of illegal psychoactive substances). Finally, we continue to apply negative

addicts than criminals

regular users or have developed an addiction. The research shows that a

number of social, psychological and cultural factors can be used to identify

social values, personality disorders, association with drug users and/or

delinquents, and loss of contact with agents of socialization. Indications are

will definitely put an end to criminal activity. This realization is important in

terms of intervention and policy development, because any explanation of

crime which attributes a high importance to drugs may lead to the

implementation of ineffective intervention policies.

Opponents to legalization obviously do not see legalization as a panacea that

Califon, the author and a member of President Johnson’s cabinet, stated:

crimes test positive for drugs at time of arrest. Speaking to a Congressional

subcommittee on drug policy in 1999, Donnie Marshall, then deputy