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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.

(http://www.urban75.com/Drugs/drugten.html)

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.

(http://www.urban75.com/Drugs/drugten.html)

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.

(https://en.wikipedia.org/wiki/Arguments_for_and_against_drug_prohibition

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.

(https://en.wikipedia.org/wiki/Arguments_for_and_against_drug_prohibition

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.

The maximum penalty provided for under this Section shall be imposed upon any
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.

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 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.

The maximum penalty provided for under this Section shall be imposed upon any
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)
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 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.

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 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.

The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal activities
prescribed in this Section.

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
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
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
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 engage in
the manufacture of any dangerous drug.

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 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.

The maximum penalty provided for under this Section shall be imposed upon any
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)
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 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
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
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
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
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.

The maximum penalty provided for under this Section shall be imposed upon any
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
Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
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.

The maximum penalty provided for under this Section shall be imposed upon any
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)
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 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
and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
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?”.

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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.

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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.

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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

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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

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