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Drug policy of the Philippines

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The drug policy of the Philippines is guided by the Comprehensive Dangerous Drugs Act of 2002 and is implemented by the Dangerous Drugs Board with its implementing arm, the Philippine Drug Enforcement Agency along with other member agencies. Aside from regulating and prohibiting the usage, sale, production of certain drugs, the 2002 law is noted for including policies on drug testing.[1]

History

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1972 Dangerous Drugs Act

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The Dangerous Drugs Act of 1972 or the Republic Act 6425 was enacted during the administration of President Ferdinand Marcos.[2] The government considers the drug problem in the country as the nascent with 20,000 drug users in the country and marijuana as the most preferred drug.[2][3][4]

The Dangerous Drugs Board was established on November 14, 1972 with seven national agencies as its initial component members – the Department of Health; Department of Education, Culture and Sports; Department of Justice, Department of National Defense, Department of Finance, and the National Bureau of Investigation.[2]

The Batas Pambansa 179 enacted in 1982 amended the 1972 Dangerous Drugs Act to further itemized prohibted drugs and its derivatives.[2]

In 1995 during Fidel Ramos's presidency, the Dangerous Drug Board adopted the Oplan Iwas Droga as a national program against drug abuse.[2]

2002 Comprehensive Dangerous Drugs Act

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On July 4, 2001, President Gloria Macapagal Arroyo through the Letter of Instruction No. 1 instituted a National Anti-Drug Program of Action which aimed for a "drug-free" Philippines by 2010.[4][5]

The Comprehensive Dangerous Drugs Act of 2002 which was signed into law on January 23, 2002 superseded the 1972 anti-drug law which created the DDB's implementing arm the Philippine Drug Enforcement Agency (PDEA) and expanded the DDB into a 17-member body which also include PDEA. In practice however the DDB and PDEA claimed to be the role as the main anti-drug agency despite on paper PDEA being under the DDB. Also there was a lack of quorum with at least nine members of out 17 required for the DDB to act.[6][7] The legislation is noted for having a policy on drug testing.[1]

In 2008, the Supreme Court in 2008 that the mandatory drug testing on drug offenders obliged by the 2002 law is unconstitutional as per Social Justice Society vs. DDB and PDEA. Commission on Elections Resolution No. 6486 was likewise declared unconstitutional which required candidates for appointive and elected positions to under mandatory testing.[8]

A National Anti-Drug Plan of Action for 2015 to 2020 was formulated under the president Benigno Aquino III administration.[9] The policy created by the initiative of the Dangerous Drugs Board and partner agencies was activated in 2015.[10] Under President Benigno Aquino III's term, 77,810 people were arrested by government authorities in connection with the illegal drug trade.[11] Aquino cooperated with Mexico and China in combatting the illegal drug trade.[12]

Duterte's war on drugs (2016–22)

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Main article: Philippine drug war

President Rodrigo Duterte was elected in 2016 through a platform promising on dealing the illegal drug trade and criminality by having drug addicts killed.[13] He launched a blood war on drugs campaign. Officially, 6,229 drug personalities have been killed as of March 2022.[14] News organizations and human rights groups claim the death toll is over 12,000.[15][16]

The Philippine National Police led the drug war through Oplan Double Barrel which began in 2016.[17] It consists of two main components: Oplan Tokhang and Oplan HVT.[18] Tokhang is characterized as the lower barrel approach while HVT which stands for high value targets is described as the police's high barrel approach.[19]

Oplan Double Barrel would undergo revisions with its final iteration during the Duterte administration launched in March 14, 2022. Oplan Double Barrel Finale is also known as the Anti-Illegal Drugs Operations Thru Reinforcement and Education (ADORE).[20][21]

Bongbong Marcos administration (2022–)

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Then-outgoing President Duterte advised then President-elect Bongbong Marcos to continue his campaign against illegal drugs even if its continuation meant its modification.[22][23][24] ADORE from the previous adminisration would still be continued to be implemented.[25]

President Marcos announced a policy shift on the Philippines' campaign against illegal drugs. Marcos named "drug abuse prevention and education and the improvement of rehabilitation centers will be the focus" as the focus of his own campaign.[23][26] Department of the Interior and Local Government (DILG) Secretary Benjamin Abalos Jr. said that the approach of the government under his watch would be to build "airtight cases" against "big-time" drug traffickers to minimize dismissed cases.[23] Though deaths would still persists but extrajudicial killings would be disavowed as state policy.[27][28]

The Philippine National Police placed ADORE under review in August 2024 in an attempt to align the program with the Marcos administration's "recalibrated strategy" of the anti-drug campaign.[29]

Conduct of drug tests

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The Comprehensive Dangerous Drugs Act of 2002 obliges mandatory drug testing for specific situations such as firearms license applications, employment, and schooling. It also mandates the devising of two testing methods—a screening test, and a confirmatory test to be performed if the former yields a presumptive positive result.[1]

The DDB requires taking urine drug tests in an area where samples are not easily manipulated. Urine tests are also subject guidelines from the Department of Health. Those who yield positive are advised to drug dependency examination conducted by a physician to manage their drug dependency.[30]

Despite SJC vs. DDB and PDEA of 2008, Drug offense subjects are allegedly pressured to under mandatory drug testings.[8]

Legality of certain substances

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Cannabis

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Main article: Cannabis in the Philippines

Opium

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Both the 1927 and 2002 laws prohibits opium and its derivatives. This includes "Opium Poppy" which the 2002 law defines as parts of the plants Papaver somniferum, Papaver setigerum, Papaver orientale, Papaver bracteatum, and Papaper rhoeas including substances derived thereof "even for floral, decorative and culinary purposes". This legally prohibits poppy seed used for food. The usage of such ingredient in food by restaurants was brought to attention by Senator Tito Sotto in 2011 despite its illegality.[31][32]

Psilocybin mushrooms

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The legal status of the Psilocybin mushrooms as a drug came into light when high school students were reportedly hospitalized after consuming the mushrooms for their psychedelic property in 2019.[33][34] Psilocybin mushrooms themselves are not in the "list of drugs included in schedule" under the Comprehensive Dangerous Drugs Act of 2002 and therefore the Philippine Drug Enforcement Agency (PDEA) can't arrest the students and only issue an advisory against the use of the mushrooms at best.[35] The Philippines is a signatory of the United Nations Convention on Narcotic Drugs which lists psilocybin as a Schedule I substance.[36]

However, the PDEA has conducted arrests of illegal drug peddlers who also sold psilocybin mushrooms alongside explicitly recognized illegal substances in the past.[37][38]

See also

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References

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  1. ^ a b c Dioquino, Carissa Paz; Gerona, Roy Roberto (January 2022). "A critical review of drug testing policy in the Philippines". Drug Science, Policy and Law. 8. doi:10.1177/20503245221098161.
  2. ^ a b c d e "History of DDB". Dangerous Drugs Board. Retrieved October 26, 2024.
  3. ^ Olea, Joemari (October 3, 2022). "Spatial Point Pattern Analysis of Drug Related Crimes in October 2017 in Manila City" (PDF). Philippine Statistics Authority. Retrieved October 26, 2024.
  4. ^ a b "Letter of Instruction No. 1, s. 2001". Official Gazette of the Republic of the Philippines. Manila: Office of the President. July 4, 2001. Retrieved October 26, 2024.
  5. ^ "VERA FILES FACT CHECK: 20,000, not 200,000: Cayetano exaggerates illegal drug users numbers". Vera Files. November 19, 2019. Retrieved October 26, 2024.
  6. ^ "Republic Act No. 9165: Comprehensive Dangerous Drugs Act of 2002". LawPhil.net. 12th Congress of the Philippies. January 23, 2002. Retrieved October 26, 2024.
  7. ^ Elemia, Camille (August 28, 2016). "The dangers of the Dangerous Drugs Act". Rappler. Archived from the original on September 1, 2016. Retrieved October 26, 2024.
  8. ^ a b Bolledo, Jairo (October 22, 2022). "Remulla son refuses drug test. Can a suspect do that?". Rappler. Archived from the original on October 23, 2022. Retrieved October 26, 2024.
  9. ^ "A Primer on the NADPA: National Anti-Drug Plan of Action: The Blueprint for a Drug-Resistant and eventually a Drug-Free Philippines" (PDF). Dangerous Drugs Board. Retrieved October 26, 2024.
  10. ^ "DILG assures full support to National Anti-Drug Plan of Action". Department of the Interior and Local Government. May 2, 2016. Retrieved October 26, 2024.
  11. ^ Corrales, Nestor (August 2, 2017). "With drug war questioned, Palace showers Aquino with figures". Philippine Daily Inquirer. Retrieved August 23, 2022.
  12. ^ Cupin, Bea (July 23, 2017). "Aquino: 'Significant effort' to curb illegal drugs during my term". Rappler. Retrieved August 23, 2022.
  13. ^ "Philippines president Rodrigo Duterte urged people to kill drug addicts". The Guardian. Associated Press. July 1, 2016. Retrieved July 8, 2016.
  14. ^ Gita-Carlos, Ruth Abbey (March 30, 2022). "Give drug war report to human rights groups, Duterte tells PDEA". Philippine News Agency. Archived from the original on March 31, 2022. Retrieved April 17, 2022.
  15. ^ "PNP bares numbers: 4,251 dead in drug war". The Philippine Star. May 8, 2018. Archived from the original on June 12, 2018.
  16. ^ "The Guardian view on the Philippines: a murderous 'war on drugs'". The Guardian. September 28, 2018. Retrieved September 29, 2018.
  17. ^ "PDEA chief tells PNP: Drop 'tokhang' tag". ABS-CBN News. January 12, 2018. Retrieved July 15, 2019.
  18. ^ Talabong, Rambo (April 6, 2018). "Albayalde to retain Oplan Tokhang when he becomes PNP chief". Rappler. Retrieved July 15, 2019.
  19. ^ Cahiles, Gerg (December 6, 2017). "PNP to resume anti-drug operations". CNN Philippines. Archived from the original on July 15, 2019. Retrieved July 15, 2019.
  20. ^ "Double Barrel Finale Version 2022 inilunsad ng PNP". Pulis Serbis Balita (in Filipino). Police Community Affairs and Development Group. March 14, 2022. Retrieved October 24, 2024.
  21. ^ Servallos, Neil Jayson (March 15, 2022). "PNP launches drug war endgame". The Philippine Star. Retrieved October 24, 2024.
  22. ^ Mercado, Neil Arwin (June 10, 2022). "Bongbong Marcos to continue drug war 'within framework of law, human rights' — Swedish envoy". Philippine Daily Inquirer. Retrieved August 22, 2022.
  23. ^ a b c Caliwan, Christopher Lloyd (July 24, 2022). "PBBM's drug war: Shifting focus but no softening". Philippine News Agency. Retrieved August 22, 2022.
  24. ^ Manahan, Job (May 26, 2022). "'If he wants to': President-elect Marcos 'open' in making predecessor Duterte as drug czar". ABS-CBN News. Retrieved August 22, 2022.
  25. ^ Caliwan, Christopher Lloyd (November 18, 2022). "650K drug surrenderers complete recovery, wellness program: PNP". Philippine News Agency. Retrieved October 24, 2024.
  26. ^ Torres, Sherrie Ann (August 16, 2022). "Drug war to focus on rehab, authorities say". ABS-CBN News. Retrieved August 22, 2022.
  27. ^ Luna, Franco (November 18, 2022). "Rights watchdog hits PNP for 'undercounting' drug war killings under Marcos". The Philippine Star. Retrieved December 17, 2022.
  28. ^ Luna, Franco (November 14, 2022). "PNP chief: 46 killed in 'war on drugs' operations under Marcos". The Philippine Star. Retrieved October 24, 2024.
  29. ^ Kabagani, Lade Jean (August 15, 2024). "PNP eyes 'Oplan Double Barrel' policies review". Daily Tribune. Philippine News Agency. Retrieved October 24, 2024.
  30. ^ Abad, Michelle (November 27, 2021). "FAST FACTS: Drug tests in the Philippines - RAPPLER". Rappler. Archived from the original on November 30, 2021. Retrieved October 26, 2024.
  31. ^ Sumacot-Abenoja, Niña (February 16, 2011). "Sotto: Stop using poppy seeds". The Philippine Star. Retrieved October 26, 2024.
  32. ^ "Senator bares sale of poppy seeds in PHL stores". GMA News. February 14, 2011. Retrieved October 26, 2024.
  33. ^ Mateo, Janvic (November 17, 2019). "High School students using 'shrooms' as narcotics – DepEd chief". The Philippine Star. Archived from the original on November 19, 2020. Retrieved November 13, 2020.
  34. ^ "Win alarmed over student use of 'magic mushrooms'". Manila Standard. December 1, 2020. Archived from the original on May 17, 2021. Retrieved November 13, 2020.
  35. ^ "Wild mushrooms replacing shabu?". Daily Guardian. November 18, 2019. Archived from the original on November 13, 2020. Retrieved November 13, 2020.
  36. ^ "Mushrooms as substitute to drugs?, Gatchalian airs warning". Manila Bulletin. December 1, 2019. Archived from the original on May 17, 2021. Retrieved November 13, 2020.
  37. ^ "Three drug peddlers arrested in Cavite". The Manila Times. June 30, 2013. Archived from the original on May 17, 2021. Retrieved November 13, 2020.
  38. ^ "Cagayan de Oro mayor's son arrested in Pampanga drug raid". CNN. July 3, 2020. Archived from the original on May 17, 2021. Retrieved November 13, 2020.
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