Drug Education and Vice Control

DRUG EDUCATION & VICE CONTROL (Review) Prof Marino A Garcia, RCrim, MPA

Associate Professor II, College of Criminology University of Perpetual Help Dalta, Calamba City First Asia Institute of Technology and Humanities, Tanauan City Laguna State Polytechnic University, Siniloan, Laguna

The History of Drugs From Past to Present

Drug Abuse– it refers to the use of

chemical substance which result in an individual’s mental, physical, emotional, moral and social impairment.

Islamic Law (Sharia)- it is the earliest

recorded law in the old world which pertains to the prohibition of the use of alcohol, which is usually attributed to passages in the Quoran purportedly dating from the 17th century.

1484 Fiat Pope Innocent VIII- Drug

Abuse– banned the use of cannabis in Arabs. Religious intolerance was also the driving force for drug prohibition in Christian Europe. At the time of the crusades, the Arabs were using marijuana.

In Northern Europe, the protestants

have passed drug laws motivated by religious prejudice. The 1516 Reinheitsgebot, which stipulates that beer may only contain water, barley and hops was a manifestation of Protestant intolerance about drugs and the catholic church. Not like the commonly stimulating herbal blends widely used at that time, hops cause sedation and reduce libido. The exclusive use of hops had been obligatory in France since 1268.

After the Spanish American War, the United States inherited Spain’s Opium monopoly in the Philippines. Growing domestic concerns and international pressure led the United States to participate in the First International Drug Conference held in Shanghai, China in 1908 and the Hague Convention in 1912, measures were adopted

In 1875- San Francisco California, enacted an ordinance which banned the smoking of opium in opium dens.

Cocaine was prohibited in the first part

of the 20th century. This was followed by the Harrison Act, passed in 1914, which required sellers of opiates and cocaine to procure license. Originally intended to require paper trails of drug transactions between doctors, drug stores and patients, it soon became prohibitive law.

The prohibition of alcohol commenced in Finland in 1919 and the United States 1920. In Sweden a referendum in 1922 decided against an alcohol prohibition law, but starting in 1914 and until 1955 Sweden employed an alcohol rationing system with personal ration record book which is known as “MOTBOK”.

In the Philippines, the signing of the Dangerous Drugs Act of 1972 by President Ferdinand E Marcos marked the government assurance to strict policy against drug abuse. The act was subsequently amended through Presidential Degree No. 44. Dangerous Drug Board was created to implement the provisions of the Dangerous Drug Act as the national policy making body and deal with other related matters on drug abuse prevention and control.

In 1974, the Inter Agency Committee on Drug Prevention Education was created and played vital role in the integration of drug abuse prevention concepts in social actions programs.

In 1979, the first International nongovernmental organization conference was held in Jakarta, Indonesia, followed by the second which was held from November 3 to 8, 1980 at Manila. After the second conference, the Philippine council of NonGovernmental Organization was organized. In 1988 the United Nations Convention Against Illicit Traffic in Narcotics Drugs and Psychotropic Substances was held further bolstering anti drug laws.

The Nature of Drugs, Its Uses, Application and Effects

OPIUM – obtained from a female poppy

plant known as “Papaver Somniferum” which was known to be cultivated in lower Mesopotamia long ago as 3400 BC. In De Medicina (30 AD), Aulus Cornelius Celsus specified various uses for “Poppy Tears” as an emollient for painful joints and anal crevices, in anodynes pills promoting relief of pain through sleep.

OPIUM PREPARATION:

The smoking of opium does not involve the burning of the material as might be imagined. The prepared opium is indirectly heated to temperature at which active alkaloids, mainly Morphine, are vaporized.

OPIUM CHEMICAL PROPERTIES AND PHYSIOLOGICAL EFFECTS: Opium includes two groups of alkaloids: Phenanthrenes (including Morphine and Codeine) and Benzylisoquinolines (including Papaverine).

OPIUM MEDICAL USES:

Opium has been a major commodity of trade centuries, due to the fact that it has long been use as a painkiller and sedative.

MARIJUANA:

A mind altering substance produced from cannavis sativa, it is used because its primary active chemical Tetrahydrocannabinol (THC) induces relaxation and heightens the senses.

CANNABIS

is prepared consumption in different forms:

for

human

Marijuana or Ganja- the leaves and flowering

tops of female plants.

Hashish or Charas- a concentrated resin

composed of glandular trichomes and vegetative debris that has been physically extracted usually by rubbing, sifting or with ice.

Kif or Kief – the chopped flowering tops of

female cannabis plants, often mixed with tobacco, Moroccan hashish produced in the Rif mountains. Sifted cannabis trichomes consisting of only the glandular heads often incorrectly referred to as “Crystals or Pollen”

CANNABIS is prepared for human

consumption in different forms:

Bhang-

a beverage prepared by grinding cannabis leaves in milk and boiling with spices and other ingredients.

Hash Oil- an oily mixture resulting from

chemical extraction or distillation of the THC- rich part of the plant.

Budder-

hash oil whipped to incorporate air, making it more like butter.

There are wide array of methods and apparatus in smoking cannabis: The Joint, The Blunt, The Hookah, The Bong, the Waterfall, The Pipe, the Shotgun, The Chillum and The One-Hitter or Bat. The Classic BONG is a tube with a small bowl at the end of a thinner tube inserted through the side near the base. The One Hitter- is a contrivance that allows the small amount of cannabis to be burned and inhaled in a single breath.

COCAINE:

It is a stimulant of the central nervous system and an appetite suppressant, giving rise to what has been described as a euphoric sense of happiness and increased energy. It is a quick acting drug whose affects are rapid from the time of intake. It is legally used in medicine as a topical anesthetic, specifically in the eye, nose and throat surgery. It is a crystalline tropane alkaloid that is derived from the leaves of the coca plant known as “Erythroxylon”

COCAINE:

The first medical used of cocaine was discovered by ALEXANDER BENNET in 1873 as an anesthetic. In 1879, cocaine was used to treat morphine addiction. In 1884, cocaine was introduced into clinical use as anesthetic in Germany. In 1970, cocaine gained popularity as a recreational drug, the Medellin and Cali Cartel were founded in Colombia to meet the new demand for cocaine. The Cali Cartel became the number one cocaine trafficker after the death of PABLO ESCOBAR, the founder of the Medellin Cartel who was killed by the police in late 1993.

MORPHINE: It

is a strong opiate analgesic drug and is the principal active agent in opium. It acts directly on the central nervous system relieving pain. It is claim to be the six (6) times more potent than opium. It is administered into the body by means of injection. It is use legally as an analgesic in hospital setting for pain after surgery and pain associated with trauma.

HEROIN:

It is Also known as Diacetylmorphine, is a semi synthetic opioid. It mimics endorphins and creates a sense of well being upon entering the bloodstream usually through intravenous injection. It is widely used as a illegal drugs for its intense euphoria, which often disappears with increase tolerance.

CODEINE:

Methylmorphine is an opiate used for its analgesic, antitussive and antidiarrheal properties. It is marketed as the salt codeine sulfate and codeine phosphate. It is also often used as recreational drugs. This is primarily because of its easy availability over the counter or on prescription in combination products.

SHABU:

Methamphetamine was discovered in Japan in 1919. This crystalline powder is solute in water making it an ideal drug for injection. During world War II, the drugs was used as stimulants for combat soldiers. After the war it was regarded as a cure all for treatment in mild depression and a good weight control substance. In the mid 80’s it was introduced in the Philippines and has gained popularity not only in an urban areas but as well rural communities. It is also regarded as poor man’s cocaine.

ECSTACY: In 1912 MDMA or Methylenedioxymetamphetamine was

developed in Germany as an appetite depressant by the pharmaceutical company Merck. During the late 1970 psychiatrists and psychologist used the drugs as treatment for emotional and psychological disorders. Among the youth users referred it as the “sex drugs”. In its purest forms it is crystalline substance white powder with mastic odor.

The Classification of Commonly Used Drugs

THE MAJOR CLASSIFICATION OF PSYCHOACTIVE DRUGS: These are often described as a psychotropic (mind affecting) or mind altering drugs. It is a chemical substance that changes ones thinking, feelings, perceptions and behaviors.

Depressants- they are drugs that affects the central nervous system causing it to relax.

The Common Types of Depressants are: Narcotics-

refers to any drugs which produces insensibility, stupor, melancholy or dullness of mind with delusion and which may be habit forming.

Barbiturates- drugs that affect the central

nervous system causing sedation.

Tranquilizers-

are drugs which relieves uncomfortable emotional feelings by reducing anxiety and promoting relaxation.

Alcohol- fermented or distilled liquids or

drug containing substances.

ethanol

and

intoxicating

The Common Types of Depressants are: Solvents and Inhalants- volatile liquids that

give off a vapor, which is inhaled producing short term excitement and euphoric followed by a period of disorientation. Its effect includes nausea, sneezing, coughing, nosebleeds, fatigue, lack of coordination and loss of appetite.

THE MAJOR CLASSIFICATION PSYCHOACTIVE DRUGS:

OF

Stimulants- chemical substances that

generally speed up central nervous system function, resulting in alertness and excitability.

The Common Types of Stimulants: Cocaine- a natural stimulants derived from

the plant erythroxylon coca.

Methamphetamine/Amphetamine-

made stimulants drugs.

man

Caffeine- a stimulant found in coffee. Nicotine- an addictive substance usually

obtained from cigarette smoking.

THE MAJOR CLASSIFICATION PSYCHOACTIVE DRUGS:

OF

Hallucinogen/Psychedelics- sometimes

known as “all rounder's” and “mind expanders” these drugs affects the person perceptions, awareness, emotions and can also cause hallucinations as well as illusions.

The Common Types of Hallucinogens: Marijuana Lysergic Acid Diethylamide

Ecstacy PCP, Psilocybin mushroom and peyote

The General signs and Symptoms of Drug Abuse

The General Signs and Symptoms of Drug Abuse: Unexpected changes of behavior. Significant deterioration of grooming. Continually wear long sleeve clothing to hide injection marks. Wearing of sunglasses in appropriate time. Weight loss not attributed to proper physical exercises. Association with persons who are known drug abusers Unusual spending of money

The Law Enforcement Activities

Acknowledging the need to further strengthen existing laws governing

Philippine Drug Law Enforcement System, President Gloria Macapagal Arroyo signed Republic Act 9165- commonly known as The Comprehensive Dangerous Drugs Act of 2002. It took effect on July 4, 2002.

The Dangerous Drugs Board (DDB) continues as policy making body and it formed the Philippine Drug Enforcement Agency (PDEA) as the led agency in the enforcement of the law under the office of the President.

The new law abolished the National Drug

Law Enforcement and Prevention Coordinating Center, the PNP Narcotics Group, the NBI Narcotics Unit and the Customs Narcotics Interdiction Office. Establishing the proper intelligence network has been inherent task given by the law to PDEA in coordination with the following support units: The PNP AIDSOTF, the NBI AIDTF, the Customs

Task Force in Dangerous Drugs and Controlled Chemicals along with other government and nongovernment entities dedicated to curb the drug problem.

The National Strategies Against Dangerous Drugs

The National Strategies Against Dangerous Drugs: Supply Reduction Strategy- which refers to the concept of keeping the DRUGS away from the potential drug USERS. Intended Programs: Law Enforcement

Amendments of the Law

The National Strategies Against Dangerous Drugs: Demand Reduction Strategy- which refers to the concept of keeping the potential USERS away from DRUGS. Intended Programs: Preventive Education Sports Development Moral and Spiritual Values Recovery

Treatment and Rehabilitation

The National Strategies Against Dangerous Drugs: International and Local Cooperation/Coordination- which refers to an effective and efficient coordination of all local agencies of the government.

cooperation and and international

Intended Programs: Joint Training and Exercises Intelligence Networking Interdiction Operation

The Salient Provisions of Republic Act 9165Comprehensive Dangerous Drugs Act of 2002

The Salient Provisions of RA 9165: Section 4- Importation of Dangerous Drugs,

Controlled Precursor and Essential Chemicals.

Section 5- Sale, Trading, Administration,

Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs, Controlled Precursor and Essential Chemicals.

Section 6- Maintenance of a Den, Dive or

Resorts.

Section 7- Employees and Visitors of a Den,

Dive or Resort

The Salient Provisions of RA 9165: Section 8- Manufacture of Dangerous Drugs,

Controlled Precursors and Essential chemicals

Section 9- Illegal Chemical Diversion of

controlled Precursors and Essential Chemicals.

Section 10- Manufacture or Delivery of

Equipment, Instrument, Apparatus and other Paraphernalia for Dangerous Drugs and or Controlled Precursors and Essential chemicals.

Section 11- Possession of Dangerous Drugs,

Controlled Precursors and Essential Chemicals.

Section

12-

Possession of Equipment, Instrument, Apparatus and Paraphernalia.

The Salient Provisions of RA 9165: Section 13- Possession of Dangerous Drugs

During Parties and Social Gatherings.

Section

14-

Possession of Equipment, Instrument, apparatus, and other Paraphernalia for Dangerous Drugs During parties and social Gatherings.

Section 15- Use of Dangerous Drugs. Section 16- Cultivation or Culture of Plants

Classified as Dangerous Drugs or are Source thereof.

Section 17- Maintenance and Keeping of

Original Records of Transaction on DD/CPECS.

The Salient Provisions of RA 9165: Section 18- Unnecessary Prescription of

Dangerous Drugs.

Section

19-

Dangerous Drugs.

Unlawful

Prescription

of

Section 20- Confiscation and Forfeiture of

the Proceeds or Instruments of the Unlawful Act, including the Properties or Proceeds Derived from the Illegal Trafficking of DD/CPECS.

Section 21- Custody and Disposition of

Confiscated, Seized and or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs and CPECs.

The Salient Provisions of RA 9165: Section 22- Grant of Compensation, Reward

and Award.

Section 26- Attempt or Conspiracy.

Section 27- Criminal Liability of a Public

Officer or Employee for Misappropriation, Misapplication or Failure to Account for the confiscated, Seized and or surrendered DD and CPECS or Plant Sources of Dangerous Drugs, Paraphernalia, laboratory Equipment Including the Proceeds or properties Obtained from the Unlawful Act Committed.

Section 28- Criminal Liability of government

Official

The Salient Provisions of RA 9165: Section 29- Criminal Liability for Planting of

Evidence.

Section 36-

Authorized Drug Testing.

Section 38-

Laboratory Examination Test on Apprehended/Arrested Offenders.

or

Section 54- Voluntary submission of a Drug

Dependent to Confinement and Rehabilitation.

Section 55-

Exemption from Criminal Liability Under the Voluntary submission.

Section 77- Creation of the Dangerous Drug

Board.

The Salient Provisions of RA 9165: Section 82- Creation of Philippine Drug

Enforcement Agency (PDEA)

Section 85- The PDEA Academy. Section 91- Responsibility and Liability of

Law enforcement Agencies and other government Officials in Testifying in Court as Prosecution witness in Dangerous Drug Cases.

Section 92-

Delay and Bungling in the Prosecution of Drug Cases.

Anti-Drugs/Narcotics Operational and Investigative Procedures 55

Legitimate Anti-Drugs/Narcotics Operations

1. 2. 3. 4. 5. 6. 7.

With Warrant of Arrest Search and Seizures Operations Buy-Bust Operations Eradication Airport and Seaport Interdiction Controlled Delivery Raid on Clandestine Laboratory

56

Case Preparations

57

1.

Buy-Bust Operations Preparation Prior the Operations:

a. Pre-Operation & Coordination Report b. Request for subscription of marked money c. Record the Serial Number of Marked Money in the Pre-Operation Report d. Request for Ultra violet powder dusting of the marked money e. If feasible, conduct Casing and Surveillance f. Conduct briefing as to the designation of each team members and the methods of operation to be conducted 58

1.

Buy-Bust Operations Case Filing:

a. b. c. d. e.

f. g.

Pre-Operation & Coordination Report Affidavit of the Poseur Buyer Affidavit of the Arresting Officer Certificate of Inventory Request/Results of laboratory examination of evidence Request/Result of Ultra Violet Powder dusting Request/Results of Medical Examination of suspects 59

1.

Buy-Bust Operations Case Filing:

h. i. j. k.

Request/Results of Drug Test Original/Xerox Copy of the Marked Money Referral to City/Provincial Prosecutor Complain (MTC, MCTC or MTCC) 60

2.

Search & Seizure Warrant Operations Preparation Prior the Operations:

a. b. c. d. e. f. g. h. i.

Pre-Operation & Coordination Report Test Buy Request/Result of Laboratory Examination Application for Search Warrant Affidavit of applicant Personal Examination of Applicant Deposition of Witnesses Personal Examination of witnesses Prepared Search Warrant 61

2.

Search & Seizure Warrant Operations Case Filing:

a. Pre-Operation & Coordination Report b. Affidavit of the Poseur Buyer (for Sec 5) c. Affidavit of the Arresting Officer d. Certificate of Inventory e. Request/Results of laboratory examination of evidence f. Request/Result of Ultra Violet Powder dusting g. Request/Results of Medical Examination of suspects 62

2.

Search & Seizure Warrant Operations Case Filing:

h. i. j. k. l. m. n. o. p.

Request/Results of Drug Test Receipt of Property Seized Original/Xerox Copy of the Marked Money Certificate of Good conduct of Search Compliance Return of Search Warrant Motion to take custody of evidence Copy of the Search Warrant Referral to City/Provincial Prosecutor Complain (MTC, MCTC or MTCC)

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2.

Search & Seizure Warrant Operations

Return of Search Warrant to the Originating Court: a. b. c. d. e. f.

Compliance Return of Search Warrant Motion to take custody or withdraw of evidence Court Order Inventory of Drug Seized/Confiscated Receipt of property seized Certificate of good conduct of search 64

2.

Search & Seizure Warrant Operations Composition of the Raiding Team

a. b. c. d. e. f. g. h. i.

Team Leader Assistant Team Leader Entering Party Searching Party Photographer Evidence Custodian Prisoner Party Vehicle Party Security

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Elements of the Affidavit 1. Made mentioned that you are detailed and deputized by the PDEA 2. That there was casing and surveillance conducted and it was verified that the information received was true 3. That the deal or transaction were consummated 4. That you actually saw the drugs by your self during the transaction in the possession of the suspect that prompted to arrest him 5. That you Informed the suspect of his rights immediately 6. That you mark evidence at the crime scene 66

PILLARS OF THE CRIMINAL JUSTICE SYSTEM Communities

Crime

Law Enforcement

Community

Correction

Prosecution

Court

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I Hear and I Forget, I See and I Remember, I Do and I Understand!