ra 9165 definition

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definition of terms

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RA 9165, theDangerous DrugsAct. It's a law that doesn't allow plea-bargaining. Worse still, theprobation lawis also not allowed for those who violate it; so beware! So here's theDangerous DrugsAct. Let's start with a definition of significant terms.

1.) Administer

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

2.) Controlled precursors and essential chemicals

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

3.)Dangerous drugs

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

4.) Drug dependence

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

5.) Deliver

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

6.) Sell

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

7.) Drug syndicate

Any group of 2 or more persons formed or joining together in order to commit a violation of thedangerous drugsact.

8.) Dispense

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

9.) Den, dive or resort

A place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.

10.) Illegal trafficking

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

11.) Trading

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

12.) Employee of a den, dive or resort

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

13.) Financier

Anypersonwho pays for, raises or supplies money for or underwrites any of the illegal activities under thedangerous drugsact.

14.) Protector/coddler

Anypersonwho knowingly and willfully consents to the violations of thedangerous drugsact and uses his/her power, influence or position to shield, harbor, screen or facilitate the escape of anypersonhe/she knows, suspects or has reason to believe has violated thedangerous drugsact in order to prevent the violator from being arrested, prosecuted and/or convicted.

15.) Pusher

Anypersonwho sells, trades, administers, dispenses, gives away on whatever terms, distributes, dispatches in transit, transportsdangerous drugsor acts as a broker in any transaction that violates thedangerous drugsact.