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.{{cite journal |last1=Dioquino |first1=Carissa Paz |last2=Gerona |first2=Roy Roberto |title=A critical review of drug testing policy in the Philippines |journal=Drug Science, Policy and Law |date=January 2022 |volume=8 |doi=10.1177/20503245221098161}}
History
=1972 Dangerous Drugs Act=
The Dangerous Drugs Act of 1972 or the Republic Act 6425 was enacted during the administration of President Ferdinand Marcos.{{cite web |title=History of DDB |url=https://ddb.gov.ph/ddb-history/ |publisher=Dangerous Drugs Board |access-date=26 October 2024}} 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.{{cite web |last1=Olea |first1=Joemari |title=Spatial Point Pattern Analysis of Drug Related Crimes in October 2017 in Manila City |url=https://psa.gov.ph/sites/default/files/ncs/paper-presentations-manuscripts/Spatial%20Point%20Pattern%20Analysis%20of%20Drug%20Related%20Crimes_.pdf |website=Philippine Statistics Authority |access-date=26 October 2024 |date=3 October 2022}}{{cite web |title=Letter of Instruction No. 1, s. 2001 |url=https://www.officialgazette.gov.ph/2001/07/04/letter-of-instruction-no-1-s-2001/ |website=Official Gazette of the Republic of the Philippines |publisher=Office of the President |access-date=26 October 2024 |location=Manila |date=4 July 2001}}
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.
The Batas Pambansa 179 enacted in 1982 amended the 1972 Dangerous Drugs Act to further itemized prohibited drugs and its derivatives.
In 1995 during Fidel Ramos's presidency, the Dangerous Drug Board adopted the Oplan Iwas Droga as a national program against drug abuse.
=2002 Comprehensive Dangerous Drugs Act=
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.{{cite news |title=VERA FILES FACT CHECK: 20,000, not 200,000: Cayetano exaggerates illegal drug users numbers |url=https://verafiles.org/articles/vera-files-fact-check-20000-not-200000-cayetano-exaggerates |access-date=26 October 2024 |work=Vera Files |date=19 November 2019}}
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.{{cite web |title=Republic Act No. 9165: Comprehensive Dangerous Drugs Act of 2002 |url=https://lawphil.net/statutes/repacts/ra2002/ra_9165_2002.html |website=LawPhil.net |publisher=12th Congress of the Philippies |access-date=26 October 2024 |date=23 January 2002| ref = {{harvid|Republic Act No. 9165 –|2002}}}}{{cite news |last1=Elemia |first1=Camille |title=The dangers of the Dangerous Drugs Act |url=https://www.rappler.com/newsbreak/in-depth/144055-dangers-dangerous-drugs-act-implementation/ |access-date=26 October 2024 |work=Rappler |date=28 August 2016 |archive-url=https://web.archive.org/web/20160901213959/https://www.rappler.com/newsbreak/in-depth/144055-dangers-dangerous-drugs-act-implementation/ |archive-date=1 September 2016}} The legislation is noted for having a policy on drug testing.
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.{{cite news |last1=Bolledo |first1=Jairo |title=Remulla son refuses drug test. Can a suspect do that? |url=https://www.rappler.com/newsbreak/in-depth/suspect-drug-testing-rights-procedures-laws/ |access-date=26 October 2024 |work=Rappler |date=22 October 2022 |archive-url=https://web.archive.org/web/20221023023058/https://www.rappler.com/newsbreak/in-depth/suspect-drug-testing-rights-procedures-laws/ |archive-date=23 October 2022}}
A National Anti-Drug Plan of Action for 2015 to 2020 was formulated under the president Benigno Aquino III administration.{{cite web |title=A Primer on the NADPA: National Anti-Drug Plan of Action: The Blueprint for a Drug-Resistant and eventually a Drug-Free Philippines |url=https://ddb.gov.ph//images/NADPA_Primer.pdf |publisher=Dangerous Drugs Board |access-date=26 October 2024}} The policy created by the initiative of the Dangerous Drugs Board and partner agencies was activated in 2015.{{cite news |title=DILG assures full support to National Anti-Drug Plan of Action |url=https://dilg.gov.ph/news/DILG-assures-full-support-to-National-Anti-Drug-Plan-of-Action/NC-2016-1056 |access-date=26 October 2024 |publisher=Department of the Interior and Local Government |date=2 May 2016}} Under President Benigno Aquino III's term, 77,810 people were arrested by government authorities in connection with the illegal drug trade.{{cite news |last1=Corrales |first1=Nestor |title=With drug war questioned, Palace showers Aquino with figures |url=https://newsinfo.inquirer.net/919620/with-drug-war-questioned-palace-showers-aquino-with-figures |access-date=23 August 2022 |newspaper=Philippine Daily Inquirer |date=2 August 2017 |language=en}} Aquino cooperated with Mexico and China in combatting the illegal drug trade.{{cite news |last1=Cupin |first1=Bea |title=Aquino: 'Significant effort' to curb illegal drugs during my term |url=https://www.rappler.com/nation/176373-aquino-administration-illegal-drugs-campaign/ |access-date=23 August 2022 |work=Rappler |date=23 July 2017}}
=Duterte's war on drugs (2016–22)=
{{main|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.{{cite news|title=Philippines president Rodrigo Duterte urged people to kill drug addicts|url=https://www.theguardian.com/world/2016/jul/01/philippines-president-rodrigo-duterte-urges-people-to-kill-drug-addicts|access-date=July 8, 2016|agency=Associated Press|date=July 1, 2016|newspaper=The Guardian}} He launched a bloody war on drugs campaign. Officially, 6,229 drug personalities have been killed as of March 2022.{{cite news |last1=Gita-Carlos |first1=Ruth Abbey |title=Give drug war report to human rights groups, Duterte tells PDEA |url=https://www.pna.gov.ph/articles/1170963 |access-date=April 17, 2022 |work=Philippine News Agency |date=March 30, 2022 |archive-url=https://web.archive.org/web/20220331232855/https://www.pna.gov.ph/articles/1170963 |archive-date=March 31, 2022 |language=en}} News organizations and human rights groups claim the death toll is over 12,000.{{cite news|url=https://www.philstar.com/headlines/2018/05/08/1813217/pnp-bares-numbers-4251-dead-drug-war|archive-url=https://web.archive.org/web/20180612143849/https://www.philstar.com/headlines/2018/05/08/1813217/pnp-bares-numbers-4251-dead-drug-war|archive-date=June 12, 2018|title=PNP bares numbers: 4,251 dead in drug war|date=May 8, 2018|work=The Philippine Star}}{{cite news |title=The Guardian view on the Philippines: a murderous 'war on drugs' |url=https://www.theguardian.com/commentisfree/2018/sep/28/the-guardian-view-on-the-philippines-a-murderous-war-on-drugs |access-date=September 29, 2018 |work=The Guardian |date=September 28, 2018}}
The Philippine National Police led the drug war through Oplan Double Barrel which began in 2016.{{cite news |title=PDEA chief tells PNP: Drop 'tokhang' tag |url=https://news.abs-cbn.com/news/01/12/18/pdea-chief-tells-pnp-drop-tokhang-tag |access-date=July 15, 2019 |work=ABS-CBN News|date=January 12, 2018}} It consists of two main components: Oplan Tokhang and Oplan HVT.{{cite news |last1=Talabong |first1=Rambo |title=Albayalde to retain Oplan Tokhang when he becomes PNP chief |url=https://www.rappler.com/nation/199700-pnp-chief-oscar-albayalde-oplan-tokhang-war-on-drugs-campaign |access-date=July 15, 2019 |work=Rappler|date=April 6, 2018}} 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.{{cite news |last1=Cahiles |first1=Gerg |title=PNP to resume anti-drug operations |url=http://nine.cnnphilippines.com/news/2017/12/06/PNP-resume-tokhang-double-barrel.html |access-date=July 15, 2019 |work=CNN Philippines |date=December 6, 2017 |archive-date=July 15, 2019 |archive-url=https://web.archive.org/web/20190715085626/http://nine.cnnphilippines.com/news/2017/12/06/PNP-resume-tokhang-double-barrel.html |url-status=dead }}
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).{{cite news |title=Double Barrel Finale Version 2022 inilunsad ng PNP |url=https://psbalita.com/double-barrel-finale-version-2022-inilunsad-ng-pnp/ |access-date=24 October 2024 |work=Pulis Serbis Balita |publisher=Police Community Affairs and Development Group |date=14 March 2022 |language=fil}}{{cite news |last1=Servallos |first1=Neil Jayson |title=PNP launches drug war endgame |url=https://www.philstar.com/headlines/2022/03/15/2167311/pnp-launches-drug-war-endgame |access-date=24 October 2024 |work=The Philippine Star |date=15 March 2022}}
=Bongbong Marcos administration (2022–)=
Then-outgoing President Duterte advised then President-elect Bongbong Marcos to continue his campaign against illegal drugs even if its continuation meant its modification.{{cite news |last1=Mercado |first1=Neil Arwin |title=Bongbong Marcos to continue drug war 'within framework of law, human rights' — Swedish envoy |url=https://newsinfo.inquirer.net/1609050/bongbong-marcos-to-continue-drug-war-within-framework-of-law-human-rights-says-swedish-envoy |access-date=August 22, 2022 |newspaper=Philippine Daily Inquirer |date=June 10, 2022 |language=en}}{{cite news |last1=Caliwan |first1=Christopher Lloyd |title=PBBM's drug war: Shifting focus but no softening |url=https://www.pna.gov.ph/articles/1179627 |access-date=August 22, 2022 |work=Philippine News Agency |date=July 24, 2022 |language=en}}{{cite news |last1=Manahan |first1=Job |title='If he wants to': President-elect Marcos 'open' in making predecessor Duterte as drug czar |url=https://news.abs-cbn.com/news/05/26/22/if-he-wants-bongbong-ok-if-duterte-becomes-drug-czar |access-date=August 22, 2022 |work=ABS-CBN News |date=May 26, 2022}} ADORE from the previous administration would still be continued to be implemented.{{cite news |last1=Caliwan |first1=Christopher Lloyd |title=650K drug surrenderers complete recovery, wellness program: PNP |url=https://www.pna.gov.ph/articles/1188880 |access-date=24 October 2024 |agency=Philippine News Agency |date=18 November 2022}}
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.{{cite news |last1=Torres |first1=Sherrie Ann |title=Drug war to focus on rehab, authorities say |url=https://news.abs-cbn.com/news/08/16/22/drug-war-to-focus-on-rehab-authorities-say |access-date=August 22, 2022 |work=ABS-CBN News |date=August 16, 2022}} 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. Though deaths would still persists but extrajudicial killings would be disavowed as state policy.{{cite news |last1=Luna |first1=Franco |title=Rights watchdog hits PNP for 'undercounting' drug war killings under Marcos |url=https://www.philstar.com/headlines/2022/11/18/2224747/rights-watchdog-hits-pnp-undercounting-drug-war-killings-under-marcos |access-date=December 17, 2022 |work=The Philippine Star |date=November 18, 2022}}{{cite news |last1=Luna |first1=Franco |title=PNP chief: 46 killed in 'war on drugs' operations under Marcos |url=https://www.philstar.com/headlines/2022/11/14/2223749/pnp-chief-46-killed-war-drugs-operations-under-marcos |access-date=24 October 2024 |work=The Philippine Star |date=14 November 2022}}
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.{{cite news |last1=Kabagani |first1=Lade Jean |title=PNP eyes ‘Oplan Double Barrel’ policies review |url=https://tribune.net.ph/2024/08/14/pnp-eyes-oplan-double-barrel-policies-review |access-date=24 October 2024 |work=Daily Tribune |agency=Philippine News Agency |date=15 August 2024 |language=en}}
Conduct of drug tests
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.
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.{{cite news |last1=Abad |first1=Michelle |title=FAST FACTS: Drug tests in the Philippines - RAPPLER |url=https://www.rappler.com/newsbreak/iq/things-to-know-drug-tests-philippines/ |access-date=26 October 2024 |work=Rappler |date=27 November 2021 |archive-url=https://web.archive.org/web/20211130004544/https://www.rappler.com/newsbreak/iq/things-to-know-drug-tests-philippines/ |archive-date=30 November 2021}}
Despite SJC vs. DDB and PDEA of 2008, Drug offense subjects are allegedly pressured to undergo mandatory drug testings.
Legality of certain substances
=Cannabis=
{{main|Cannabis in the Philippines}}
=Opium=
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.{{cite news |last1=Sumacot-Abenoja |first1=Niña |title=Sotto: Stop using poppy seeds |url=https://www.philstar.com/cebu-news/2011/02/16/657543/sotto-stop-using-poppy-seeds |access-date=26 October 2024 |work=The Philippine Star |date=16 February 2011}}{{cite news |title=Senator bares sale of poppy seeds in PHL stores |url=https://www.gmanetwork.com/news/topstories/nation/213011/senator-bares-sale-of-poppy-seeds-in-phl-stores/story/ |access-date=26 October 2024 |work=GMA News |date=14 February 2011 |language=en}}
=Psilocybin mushrooms=
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.{{cite news |last1=Mateo |first1=Janvic |title=High School students using 'shrooms' as narcotics – DepEd chief |url=https://www.philstar.com/headlines/2019/11/17/1969448/high-school-students-using-shrooms-narcotics-deped-chief |access-date=13 November 2020 |work=The Philippine Star |date=17 November 2019 |archive-date=19 November 2020 |archive-url=https://web.archive.org/web/20201119122434/https://www.philstar.com/headlines/2019/11/17/1969448/high-school-students-using-shrooms-narcotics-deped-chief |url-status=live }}{{cite news |title=Win alarmed over student use of 'magic mushrooms' |url=https://manilastandard.net/mobile/article/311492 |access-date=13 November 2020 |work=Manila Standard |date=1 December 2020 |language=en |archive-date=17 May 2021 |archive-url=https://web.archive.org/web/20210517104852/https://manilastandard.net/mobile/article/311492 |url-status=live }} 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.{{cite news |title=Wild mushrooms replacing shabu? |url=https://dailyguardian.com.ph/wild-mushrooms-replacing-shabu/ |access-date=13 November 2020 |work=Daily Guardian |date=18 November 2019 |archive-date=13 November 2020 |archive-url=https://web.archive.org/web/20201113191159/https://dailyguardian.com.ph/wild-mushrooms-replacing-shabu/ |url-status=live }} The Philippines is a signatory of the United Nations Convention on Narcotic Drugs which lists psilocybin as a Schedule I substance.{{cite news |title=Mushrooms as substitute to drugs?, Gatchalian airs warning |url=https://mb.com.ph/2019/12/01/mushrooms-as-substitute-to-drugs-gatchalian-airs-warning/ |access-date=13 November 2020 |work=Manila Bulletin |date=1 December 2019 |archive-date=17 May 2021 |archive-url=https://web.archive.org/web/20210517105010/https://mb.com.ph/2019/12/01/mushrooms-as-substitute-to-drugs-gatchalian-airs-warning/ |url-status=live }}
However, the PDEA has conducted arrests of illegal drug peddlers who also sold psilocybin mushrooms alongside explicitly recognized illegal substances in the past.{{cite news |title=Three drug peddlers arrested in Cavite |url=https://www.manilatimes.net/2013/06/30/news/regions/three-drug-peddlers-arrested-in-cavite/14436/ |access-date=13 November 2020 |work=The Manila Times |date=30 June 2013 |archive-date=17 May 2021 |archive-url=https://web.archive.org/web/20210517104926/https://www.manilatimes.net/2013/06/30/news/regions/three-drug-peddlers-arrested-in-cavite/14436/ |url-status=live }}{{cite news |title=Cagayan de Oro mayor's son arrested in Pampanga drug raid |url=https://cnnphilippines.com/regional/2019/7/3/Cagayan-de-Oro-mayor-son-arrested-Pampanga-drug-raid.html |access-date=13 November 2020 |publisher=CNN |date=3 July 2020 |language=en |archive-date=17 May 2021 |archive-url=https://web.archive.org/web/20210517104707/https://cnnphilippines.com/regional/2019/7/3/Cagayan-de-Oro-mayor-son-arrested-Pampanga-drug-raid.html |url-status=dead }}