Section 5 of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165)

Section 5: Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals

Section 5 of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165) imposes penalties for the sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals. The penalties vary depending on the type of drug involved, the quantity of the drug, and whether the offense was committed near a school or involved minors or mentally incapacitated individuals.

The maximum penalty for selling, trading, or administering any dangerous drug, regardless of the quantity involved, is life imprisonment to death and a fine of P500,000 to P10,000,000. The penalty for selling, trading, or administering any controlled precursor and essential chemical is imprisonment for 12 to 20 years and a fine of P100,000 to P500,000.

The penalties are even more severe if the sale, trading, or administration of a dangerous drug occurs within 100 meters of a school. In this case, the maximum penalty of life imprisonment to death will be imposed in every case.

The penalties are also increased if the seller, trader, or administrator of a dangerous drug uses minors or mentally incapacitated individuals to commit the offense. In this case, the maximum penalty will also be imposed in every case.

Finally, the maximum penalty will also be imposed if the sale, trading, or administration of a dangerous drug results in the death of the victim.

In addition to the penalties listed above, persons convicted of violating Section 5 of RA 9165 may also be ordered to pay for the cost of treatment and rehabilitation of the victim, if any.

The penalties for violating Section 5 of RA 9165 are very severe, and they are intended to deter people from selling, trading, or administering dangerous drugs. The law also recognizes that the sale, trading, or administration of dangerous drugs near schools or to minors is particularly harmful, and it imposes even more severe penalties for these offenses.

If you are accused of violating Section 5 of RA 9165, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and your options for defending yourself.