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MT LAWS > PRE FI: RA 9165 > Flashcards

PRE FI: RA 9165 Flashcards

1
Q

R.A. 9165 also known as?

A

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

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2
Q

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

A

REPUBLIC ACT NO. 9165

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3
Q

HOW MANY SECTIONS DOES RA 9165 HAVE?

A

102

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4
Q

HOW MANY ARTICLES DOES RA 9165 HAVE?

A

13

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5
Q

RA 9165 IS SIGNED UNDER:

A

GLORIA MACAPAGAL- ARROYO

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6
Q

RA 9165 WAS APPROVED ON

A

JANUARY 23, 2002

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7
Q

Section 2. Declaration of Policy

It is the policy of the State to:

A
  • SAFEGUARD THE INTEGRITY of its territory & the wellbeing of its
    citizenry,
  • DEFEND the same against acts or omissions detrimental to their
    development and preservation
    ~ INTENSIVE AND UNRELENTING CAMPAIGN
    ~ a BALANCE IN THE NATIONAL DRUG CONTROL PROGRAM
    ~ SUSTAINABLE PROGRAMS OF TREATMENT and REHABILITATION
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8
Q

DEFINITIONS OF TERMS:
any FACILITY USED FOR THE ILLEGAL MANUFACTURE OF ANY DANGEROUS DRUG and/or controlled precursor and essential chemical

A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT

A

CLANDESTINE LABORATORY

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9
Q

DEFINITIONS OF TERMS:
a PLACE WHERE ANY DANGEROUS DRUG and/or controlled precursor and ESSENTIAL CHEMICALS is ADMINISTERED, DELIVERED, STORED FOR ILLEGAL PURPOSES, DISTRIBUTED, SOLD OR USED in anay form

A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT

A

DEN, DIVE OR RESORT

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10
Q

DEFINITIONS OF TERMS:
any person who PAYS FOR, SUPPLIES OR RAISES MONEY FOR, or UNDERWRITES any of the illegal activities prescribed under this act

A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT

A

FINANCIER

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11
Q

DEFINITIONS OF TERMS:
any person who is a LICENSED PHYSICIAN, DENTIST, CHEMIST, MEDICAL TECHNOLOGIST, NURSE, MIDWIFE, VETERINARIAN, OR PHARMACIST in the Philippines

A. FINANCIER
B. PRACTITIONER
C. CLANDESTINE LABORATORY
D. DEN, DIVE OR RESORT

A

PRACTITIONER

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12
Q

DEFINITIONS OF TERMS:
any person who KNOWINGLY and WILLFULLY CONSENT TO THE UNLAWFUL acts provided for in this act, and uses his/her INFLUENCE, POWER or POSITION IN SHIELDING, HARBORING, SCREENING or FACILITATING, to escape of any person he/she knows

A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER

A

PROTECTOR/CODDLER

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13
Q

DEFINITIONS OF TERMS:
any person who SELLS, TRADES, ADMINISTERS, DISPENSES, DELIVERS, or GIVES AWAY to another on any terms whatsoever, or DISTRIBUTES, DISPATCHES in transit or transports DANGEROUS DRUGS

A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER

A

PUSHER

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14
Q

DEFINITIONS OF TERMS:
defined as the DULY RECORDED AUTHORIZED MOVEMENTS AND CUSTODY of SEIZED DRUGS

A. CHAIN OF CUSTODY/CHAIN OF EVIDENCE
B. PUSHER
C. PROTECTOR/CODDLER

A

CHAIN OF CUSTODY/CHAIN OF EVIDENCE

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15
Q

___________or commonly known as “Marijuana” or “Indian Hemp”
or by its any other name.

A

Cannabis

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16
Q

Cannabis Embraces every kind, class, genus, or specie of the plant _________

A

Cannabis sativa

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17
Q

Cannabis :
_________is the principal
psychoactive constituent of cannabis

A

Tetrahydrocannabinol (THC)

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18
Q

___________ or commonly known as “ Ecstasy” , or by its any other name
* Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

A

3, 4 Methylenedioxymethamphetamine

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19
Q

___________or commonly known as “SHABU” , “ICE” , “ METH” , or by its any other name.
* Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.

A

Methamphetamine Hydrochloride

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20
Q
  • Refers to the COAGULATED JUICE of the OPIUM POPPY
    (Papaver somniferum) and embraces every kind, class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium.
  • includes the SEEDS, STRAWS, BRANCHES, LEAVES or any part
    thereof, or substances derived therefrom, even for FLORAL, DECORATIVE and CULINARY PURPOSES.
A

Opium

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21
Q

Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.

OFFENDERS:
Importer

PENALTY?

A

Life imprisonment to Death + P500k-P10M

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22
Q

Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.

OFFENDERS:
Importer using Diplomatic Passport

PENALTY?

A

Death + P10M

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23
Q

Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.

OFFENDERS:
Financier, Organizer, Manager of Importation

PENALTY?

A

Death + P10M

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24
Q

Sec 4. Importation of Dangerous Drugs &/or Controlled Precursors & Essential Chemicals.

OFFENDERS:
Protector/Coddler

PENALTY?

A

12y1d to 20y + P100k to P500k

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25
Q

Sec 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution & Transportation of Dangerous Drugs &/or
Controlled Precursors & Essential Chemicals

ACTS:
Sale
Trade
Distributes
Deliver
Transport
Broker

PENALTY?

A

Life imprisonment to Death + P500k-P10M

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26
Q

Sec.5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of
Dangerous Drugs &/or Controlled Precursors &
Essential Chemicals

WHAT ARE THE ELEMENTS?

A
  1. IDENTITY of the BUYER and the SELLER, the
    object, and the consideration.
  2. DELIVERY of the thing sold and the PAYMENT thereof
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27
Q

Sec 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution & Transportation of Dangerous Drugs &/or
Controlled Precursors & Essential Chemicals

Maximum Penalty Imposed on:

A
  1. Committed within 100m of a school
  2. Use of MINORS or MENTALLY INCAPACITATED PERSONS as RUNNERS, couriers & messengers, or in any other capacity
  3. If the VICTIM is a MINOR or MENTALLY INCAPACITATED
  4. Dangerous drug is the proximate CAUSE OF DEATH of the
    VICTIM
  5. Organizer, Manages the unlawful acts, financier
28
Q

Sec. 6. Maintenance of a Den, Dive, or Resort

Maintenance

Penalty?

A

Life imprisonment to death + P500k – P10M fine

29
Q

Sec. 6. Maintenance of a Den, Dive, or Resort

Caters to minor clients

Penalty?

A

Death + P10M fine

30
Q

Sec. 6. Maintenance of a Den, Dive, or Resort

Financier

Penalty?

A

Death + P10M fine

31
Q

Sec. 6. Maintenance of a Den, Dive, or Resort

Protector/Coddler

Penalty?

A

12 years 1 day – 20 years + P100k - P500k

32
Q

Sec. 6. Maintenance of a Den, Dive, or Resort

Client dies

Penalty?

A

Death + P1M - P15M fine

33
Q

Section 7. Employees and Visitors of a Den, Dive, or Resort (Aware of the Nature)

PENALTY?

A

Imprisonment: 12y 1d-20y + Fine: P100k-P500k

34
Q

Section 8. Manufacture of:
Dangerous Drugs

PENALTY?

A

Life to Death Imprisonment +
Fine: P500k - P10M

35
Q

Section 8. Manufacture of:
and/or Controlled Precursors and Essential Chemicals

PENALTY?

A

12y 1d-20y + Fine: P100k-P500k

36
Q

Sec. 11 Possession of Dangerous Drugs
(See Sec. 13)
Such as, but not limited to, methylenedioxymethamphetamine (MDA) or “ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB)

PENALTY?

A

Life Imprisonment to Death and Fine P500k-P10M

37
Q

Sec 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 ______

1st offense penalty?

A

minimum of 6 months REHABILITATION In a GOVERNMENT CENTER

38
Q

Sec 15: Use of Dangerous Drugs

2nd offense penalty?

A

Imprisonment 6 years and 1 day to 12 years + fine P50k to P200k

39
Q

Sec 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or Are
Sources

PENALTY?

A
  • Life imprisonment to Death and Fine P500k-P10M
  • Land or portions and/or greenhouse shall be CONFISCATED BY THE STATE
40
Q

WHAT IS ARTICLE III?

A

Dangerous Drugs Test and Record Requirements

41
Q

Section 36: Authorized Drug Testing

Drug testing shall be done by:

A
  • Government forensic lab
  • DT labs accredited and monitored by DOH
42
Q

WHO MUST SET THE PRICE/COST FOR DRUG TESTING?

A

DOH

43
Q

Price for SCREENING?

A

P 300 selling price ( analyte MET and THC)

44
Q

Price for CONFIRMATORY TEST?

A

P 1K per analyte

45
Q

Drug Testing Certificate Validity:

A

1 year

46
Q

how ml of urine must be used?

A

50 mL

47
Q

Documentation of who handled the test, demographic information of the patient, who processed, received and released the result.

A

Chain of Custody/Evidence

48
Q

Positive

A

1 line

49
Q

Negative:

A

2 lines

50
Q

Invalid:

A

no line/ line in “test” line only

51
Q

Individuals who should undergo drug testing:

A

a.) Applicants for DRIVER’S LICENSSE
b.) Applicants for FIREARM’S LICENSE and for permit to carry firearms outside of residence.
c.) Students of SECONDARY and TERTIARY SCHOOLS. – RANDOM TESTING W/ NOTICE TO PARENTS, and IF STIPULATED in HANDBOOK
d.) OFFICERS and EMPLOYEES of PUBLIC & PRIVATE OFFICES- RANDOM DT
e.) OFFICERS and MEMBERS of the MILITARY, POLICE and other law enforcement agencies. - ANNUALLY
f.) ALL PERSONS CHARGED before the prosecutor’s office with a CRIMINAL OFFENSE having an imposable penalty of imprisonment of NOT LESS THAN six (6) years and one (1) day
g.) ALL CANDIDATES for PUBLIC OFFICE whether appointed or elected both in the national or local government

52
Q

Sec 37. Issuance of False or Fraudulent Drug Test Results
Anyone who issues false or fraudulent drug test results knowingly,
willfully or through gross negligence, shall suffer the penalty of:

A
  • imprisonment ranging from 6YRS 1D TO 12 YRS
  • a fine ranging from P 100K TO P 500K
53
Q

SEC. 3. Definitions.
Any act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion,
or other means, or of committing any act of
indispensable assistance to a person in administering
a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for
purposes of medication.

A

Administer

54
Q

– Refers to the Dangerous Drugs Board
under Section 77, Article IX of this Ac

A

Board

55
Q

Any of the treatment and rehabilitation
centers for drug dependents referred to in Section 75,
Article VIII of this Act

A

Centers

56
Q

The SALE, DISTRIBUTION,
SUPPLY, or TRANSPORT of legitimately imported, in-transit,
manufactured, or procured controlled precursors and
essential chemicals, in diluted, mixtures, or
concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall
include packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud

A

Chemical Diversion

57
Q

An ANALYTICAL TEST using a device, tool, or equipment with a different chemical or
physical principle that is more specific which will
validate and confirm the result of the screening test

A

Confirmatory Test

58
Q

The investigative technique of ALLOWING an UNLAWFUL or SUSPECT CONSIGNMENT of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property BELIEVED TO BE DERIVED DIRECTLY/INDIRECTLY from any OFFENSE, to pass into, through, or out of the country under the supervision of an authorized officer,
to gather evidence to identify any person involved in any dangerous drugs related offense, or to facilitate prosecution of that offense

A

Controlled Delivery

59
Q

Any act of knowingly
PLANTING, GROWING, raising, or permitting the planting,
growing, or raising of any plant that is the source of a
dangerous dr

A

Cultivate or Culture

60
Q

Any act of knowingly PASSING a
dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.

A

Deliver

61
Q

Any act of GIVING AWAY, selling, or
distributing medicine or any dangerous drug with or
without the use of a prescription

A

Dispense

62
Q

As based on the World Health
Organization definition, it is a CLUSTER OF PHYSIOLOGICAL, BEHAVIORAL, AND COGNITIVE PHENOMENA OF VARIABLE INTENSITY of , in which the use of psychoactive drugs takes on a high priority thereby involving, among others, a STRONG DESIRE or a SENSE OF COMPULSION to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use

A

Drug Dependence

63
Q

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

A

Illegal Trafficking

64
Q

Refers to any part of the plant of
the species Papaver somniferum L., Papaver
setigerum DC, Papaver orientale, Papaver bracteatum,
and Papaver rhoeas, which includes the seeds,
straws, branches, leaves or any part thereof, or
substances derived therefrom, even for floral,
decorative and culinary purposes.

A

Opium Poppy

65
Q

PDEA

A

Philippine Drug
Enforcement Agency

66
Q

The willful act by any
person of maliciously and surreptitiously inserting,
placing, adding, or attaching directly or indirectly,
through any overt or covert act, whatever quantity of
any dangerous drug and/or controlled precursor and
essential chemical in the person, house, effects or
near an innocent individual to implicate, incriminate or
imputing the commission of any violation of this Act.

A

Planting of Evidence

67
Q

A rapid test is performed to
establish potential/presumptive positive results.

A

Screening Test

MT LAWS (14 decks)

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