CDI107 - CHAPTER 3: DRUG CONTROL AND REGULATIONS

Controlled Substances Act (U.S. Law)

This is an Act that amends the Public Health Service Act and other laws to provide increased research into, and
prevention of, drug abuse and drug dependence. This Act aims to provide for the treatment and rehabilitation of drug
abusers and drug dependent persons as well as to strengthen existing law enforcement authorities in the field of drug
abuse.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 is a United States federal law that requires the
pharmaceutical industry to maintain physical security and strict record keeping for some types of drugs. Controlled
substances are divided into five classes (or schedules) based on their potential for abuse, their accepted medical use,
and accepted safety under medical supervision (Comprehensive Drug Abuse Prevention and Control Act of 1970, n.d.).

Substances in Schedule I have a high potential for abuse, have no accredited medical use, and lack accepted safety
standards. From Schedules II to V, substances show decreased potential for abuse.

The schedule a substance is placed in helps determine how it must be controlled. Prescriptions for drugs in all
schedules must bear the physician's federal Drug Enforcement Administration (DEA) license number, while some drugs
in Schedule V do not require a prescription. State schedules may vary from the federal schedules.

The Controlled Substances Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970,
serves as the legal foundation of the government's crusade against the abuse of drugs and illegal substances. This law
consolidates many other laws that aim to regulate the distribution and manufacture of narcotics, depressants,
stimulants, anabolic steroids, hallucinogens, and chemicals used in the illegal production of controlled substances. The
Act also serves as a mechanism by which substances can be controlled, decontrolled, classified, and reclassified.

Proceedings to modify the classification of a drug or other substance may be initiated by the Drug Enforcement
Administration (DEA), the Department of Health and Human Services (HHS), or by a petition from an interested party,
which includes state or local government agency, a drug manufacturer, a pharmacy association, a medical society or
association, a public interest group concerned with drug abuse, or an individual citizen. When a petition is received by
the DEA, the agency initiates its own investigation of the drug.

The DEA may also begin an investigation of a drug at any time on the basis of information received from national and
local law enforcement and regulatory agencies, law enforcement laboratories, or other main sources of information.
Once the DEA has collected the data, by authority of the Attorney General, the DEA Administrator then makes a request
for a scientific and medical evaluation as well as a recommendation as to whether the drugs/ substances should be
controlled or removed from the control. Such request is sent to the Assistant Secretary of Health of the HHS
(Comprehensive Drug Abuse Prevention and Control Act of 1970, n.d.).

Next, the HHS extracts information from the Commissioner of the. Food and Drug Administration, after which
evaluations and recommendations from the National Institute on Drug Abuse, and sometimes, from the scientific and
medical community, are requested' By authority of the Secretary, the Assistant Secretary collates the information and
transmits back to the DEA a scientific and medical evaluation of the drug, along with a recommendation as to whether
the drug should be controlled, and in what category it should be placed.

The scientific and medical evaluations are binding to the DEA in terms of the scientific and medical matters
contained therein, respectively. Meanwhile, the recommendation on classification is binding only to the extent that the
DEA may not control the substance if HHS recommends that the substance should not be controlled. Once the DEA
receives the evaluations from the HHS, the Administrator is then tasked to evaluate all available data and make a final
decision as to whether a drug or other substance should be controlled and into which classification they should be
placed.

The CSA is also responsible for creating a closed distribution system for those authorized to handle the substances
that are controlled. The main feature of this system lies in the fact that all those authorized by the DEA to handle
controlled substances must be duly registered. All registered individuals and firms are then required to maintain
complete and precise inventories of all transactions that involve the controlled substances; they must also ensure
security for the storage of the controlled substances (Comprehensive Drug Abuse Prevention and Control Act of 1970,
n.d.).

Schedule 1

Almost all the drugs in this schedule are illegal. They have a high potential for dependence and abuse; thus, it is
illegal for someone to have them in his/her possession. Examples: LSD, marijuana, Heroin.

Schedule 2

These drugs are highly addictive but remain in medical use. This is because no satisfactory non-addictive
alternative drug is yet to be discovered nor made available. Prescription renewal, however, is not allowed without a new
prescription from a doctor. Example: some kinds of barbiturates, cocaine, morphine, amphetamines.

Schedule 3

This group includes drugs with some potential for dependence for drug abuse. Prescriptions can be renewed up
to five times within six months if authorized by a doctor. In some cases, prescriptions must be confirmed in writing.
Examples: appetite suppressants, acetaminophen or aspirin with codeine.

Schedule 4

These drugs are considered less likely to be abused or to cause dependence compared with drugs in schedule 3.
However, the prescriptions are covered by the same regulations that govern schedule 3. Examples: choral hydrate,
diazepam, phenobarbital.

Schedule 5

These drugs are regulated because they contain trace amounts of narcotics. However, they are the least likely to
be abused. Examples: some antidiarrheal drugs and over-the-counter cough medicines.

Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002 (Philippine Law)

Republic Act No. 9165 is a special law passed by the state to amend the existing drug law, namely, Republic Act
No. 6425 or the Comprehensive Drugs Act of 1972. The drugs in RA No. 6425 were categorized as Prohibited and
Regulated, but in the New Drug Law, the drugs were given a unanimous category of being dangerous drugs.

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 therefore, and for other purposes.

Article I

Definition of Terms

Section 3. Definitions.
 Employees and Unlawful
VisitorsActs
of a Den, Dive or Article
Sec. 7 P100T – Fine
P500T 12 yearsImprisonment
and 1 day to 20
Resort II years
Importation
ManufactureofofDangerous
DangerousDrugs
Drugsand/or
and/or Sec. 48 P500T –– P10M
P500T P10M Life
Life Imprisonment
Imprisonment to
to death
death
Controlled Precursors and Essential
Chemicals
Sales,
Illegal Trading,
ChemicalAdministration, Delivery,
Diversion of Controlled Sec. 59 P500T –– P500T
P100T P10M Life Imprisonment
12 years to death
and 1 day to 20
Transport and Distribution of Dangerous
Precursors and Essential Chemicals years
Drugs and/or or
Manufacture Controlled
Delivery Precursors
of Equipment Sec. 10 P100T – P500T 12 years and 1 day to 20
Maintenance of a Den, Dive
and other Paraphernalia for or Resort
Dangerous Sec. 6 P500T – P10M Life
yearsImprisonment to death
Drugs and/or Controlled Precursors and
Essential Chemicals
Possession of Dangerous Drugs Sec. 11 P500T – P10M Life Imprisonment to death
Possession of Equipment, Instrument, Sec. 12 P10T – P50T 6 months and 1 day to 4
Apparatus and Other Paraphernalia for years
Dangerous Drugs
Possession of Dangerous Drugs During Sec. 13 P500T – P10M Life Imprisonment to death
Parties, Social Gatherings or Meetings
Possession of Equipment, Instrument, Sec. 14 P10T – P50T 6 months and 1 day to 4
Apparatus and Other Paraphernalia for years
Dangerous Drugs During Parties, Social
Gatherings or Meetings
Use of Dangerous Drugs Sec. 15 None for 1st offense 6 months and 1 day to 4
years
P200T for 2nd 6 years and one (1) day to
Offense 12years for 2nd Offense
Cultivation or Culture of Plants Classified Sec. 16 P500T – P10M Life Imprisonment to death
as Dangerous Drugs
Failure To Maintain & Keep Original Sec. 17 P10T – P50T 6 months and 1 day to 4
Records of Transaction on Dangerous years
Drugs and/or Controlled Precursors
Unnecessary Prescription of Dangerous Sec. 18 P100T – P500T 12 years & one (1) day to 20
Drugs years
Unlawful Prescription of Dangerous Sec. 19 P500T – P10M Life Imprisonment to death
Drugs

Republic Act No. 10640

The strengthening of the new drug law was amended to Republic Act No. 10640 which focused on the chain of
custody of confiscated dangerous drugs from the seizing officers to the investigators on case until the said items reach
the forensic laboratory for examination. The time element of 24 hours was no longer emphasized in the amended drug
law given that most of the cases reaching the laboratory required ample amount of time to generate accurate and
precise reports.

An act to further strengthen the anti-drug campaign of the government, amending for the Purpose Section 21 of the
Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

Presidential Decree No. 1619

Implemented in July 23, 1979 by then President Ferdinand E. Marcos, Presidential Decree No. 1619 is a law
passed to regulate the volatile substances being abused to replace dangerous drugs that produce hallucinations and
induce addiction among its users. Most of these volatile substances are common construction items being sold in
hardware’s and used in the shoe industries as adhesives.

A Law penalizing the use or possession or the unauthorized sale to minors of volatile substances for the purpose
of inducing intoxication or in any manner changing, distorting or disturbing the auditory, visual, or mental process.

Treatment and Rehabilitation of Drug Dependents

Steps in the Treatment and Rehabilitation of Drug Dependents (Voluntary Submission, Voluntary Through
Representation, and Compulsory Confinement)

Step 1 Secure referral form for DDE at the Legal Affairs, Division, Dangerous Drug Board.

Step 2 DDE is conducted by a DOH-accredited physician.

Step 3 If the examination of the DOH-accredited physician results in the issuance of a certification that the applicant is
a drug dependent, he or his parents/ guardian/ spouse shall submit the DDE result of the Legal Affairs Division, along
with other requirements. The drug dependent or his parents, relatives/ guardian/ spouse must fill in the application
form prior to the preparation of Petition for Confinement. This petition is to be notarized and filed with the RTC where
the drug dependent resides. If the drug dependent is a minor, his parent/ guardian must fill in the application and
submit the same for the preparation of the petition.

Step 4 In case of compulsory confinement, a dependent's parents/ spouse/ relatives must execute an affidavit, which
states that they are submitting the alleged drug dependent for treatment and rehabilitation. The Board will prepare a
Petition for Confinement and file the same with the Court.

The drug dependent or his parent/ spouse/ relatives may decide on the treatment and rehabilitation center of their
choice. The Board may recommend government treatment and rehabilitation centers, such as DOH-TRC in Tagaytay City
and DOH-TRC in Bicutan, Taguig City.

Treatment Modalities

Drug treatment modality refers to the model or approach that is used in the treatment of drug dependents by the
treatment and rehabilitation centers. There are several types of modalities used which are listed below (Treatment and
Rehabilitation, DDB, n.d.).

1. Eclectic Approach This aims to apply a holistic approach in the rehabilitation program. The spiritual and cognitive
components of the 12 Steps complement the behavioral aspects of the Therapeutic Community (item 2). The skills and
services of rehabilitation professionals and paraprofessionals are required for this treatment approach. Here, different
aspects of a drug dependent's personality are well addressed and treated to ensure holistic rehabilitation and recovery.

2. Therapeutic Community Approach This approach views addiction as a symptomatic manifestation of a complex
psychological problem that may be rooted in an interplay among one's social, physical, spiritual, and emotional values.
This is a highly structured program in which the community is utilized as the primary vehicle to foster behavioral and
attitudinal changes in the dependent. The patient is motivated to change his ways by experiencing how it is to be part of
a community. Role modeling plays a significant part in this program.

It is important to note that the goal of every therapeutic community is to teach a patient about personal responsibility,
change his self-destructive thinking and behavioral patterns, create a positive self-image, create a sense of human
community, and provide an environment wherein human beings can grow and take responsibility for one's growth.
3. Multidisciplinary Team Approach This is a method that employs a team of experts, including psychologists,
psychiatrists, occupational therapists, social workers, and other related professional disciplines in collaboration with the
family of the patient and the drug dependent himself.

4. Spiritual Approach This approach uses the Bible as the primary source of inspiration to induce change. It views drug
addiction as a sin and encourages the patient to turn away from it and renew his relationships with the Lord.

5. Hazelden-Minnesotta Model This approach views addiction as a disease or an involuntary condition caused by
factors that are largely outside a person's control. The program consists of cognitive-behavioral psychology, didactic
lectures, Alcoholic Anonymous principles/ 12 Steps principles, and bibliotheraphy. The program aims to treat patients
with chemical dependency by endorsing beliefs and values about the powerlessness of people over drug taking and
turning to a Higher Power to help them "relieve" the disease. In this modality, both patients and counselors collaborate
and define the former's path toward recovery.

Recommended Therapeutic Activities

Aside from the above, there are also many activities that can be done alone, or in combination, to facilitate the
treatment and rehabilitation of drug dependents (Treatment and Rehabilitation, DDB, n.d.).

Psychotherapy This is a form of treatment that deals with problems of an emotional nature. Here, a trained
professional deliberately establishes a professional relationship with a patient with the aims of resolving, modifying or
retarding existing symptoms; mediating disturbed behavioral patterns; and promoting the positive growth and
development of an individual.

Individual therapy This involves a one-to-one relationship between the patient and the counselor. Its main aim
is to help the former reduce or get rid of his drug-abusing behavior so that he can get involved in productive work and
develop his own insights concerning his experiences and condition.

Group therapy This is a form of therapy, in which the individual is provided assistance through a group. In this
process, each member receives immediate feedback from the other members with regards his verbal and other forms of
behavior. Group encouragement and support are given to the subject on the premise that these are effective devices
that can generate positive results that can lead to the behavioral modification on the part of each member.

Family therapy This is a form of intervention that is based on the recognition that the family, considered a
primary social unit, can also be a source of problem that can eventually lead to a member's drug-use. Family therapy
may include initiating environmental manipulation, restructuring the family, strengthening family communication, and
initializing discovery of family members that can help facilitate the rehabilitation of the drug dependent.

Counseling This is a process of providing assistance by a center personnel to a needy patient in an individual
or group situation. This approach aims to enable the individual to learn and pursue more realistic and satisfying solutions
to his difficulties. It is a problem-oriented strategy that helps the individual understand himself and develop the ability to
take decisions and make choices.

Community work projects These include, training in agriculture, environmental and energy conservation
projects, tree-planting events, and other socio-civic and religious activities, among others. Patients' participation in these
community projects can help them integrate into the society and enable the community to understand patients' needs
by recognizing their potential.

Social reintegration This is a process of assisting the patient to become a socially adjusted person upon his
return to the community. In addition, this helps him to become an economically self-sustaining individual without the
use of drugs.
 Sheltered workshop This provides training for skills development and employment with proper
compensation in a controlled environment. This way a patient is give the opportunity to increase his self-esteem and
chances for external placement.