First important drug traffic route: MIDDLE EAST- discovery, plantation, cultivation, harvest. TURKEY - preparation for distribution. EUROPE - manufacture, synthesis, refine U.S - marketing It is noted that plants such as the opium poppy, as sources of dangerous drugs are cultivated and harvested mostly in the areas of middle east while Europe become the center for the drug manufacture and synthesis. United States become the overall center for drug marketing. Second major Drug Trafficking route: 1. Golden Triangle Burma/Myanmar Laos Thailand South East Asia- the golden triangle approximately produced 60% of opium in the world, 90% of opium in the eastern part of Asia. It is also acknowledged source of Southeast Asian Heroin. Heroin is produced in the golden triangle and pass through nearby countries in relatively small quantities through air transport while in transit to the United States and Europe countries. 2. Golden Crescent Iran Afghanistan Pakistan India In Southeast Asia- the Golden Crescent is the Major supplier of opium poppy, MJ, heroin products in the Western part of Asia. It produces at least 85% to 90% of all elicit heroin channeled in the drug underworld market. The world’s drug scene: 1. Middle East- the Becka Valley of Lebanon is considered to be the biggest producer of cannabis in the Middle East. Lebanon also became the transit country for cocaine from south America to Europe illicit drug markets. 2. Spain- known as the major transshipment point for international drug trafficking in Europe and became the paradise of drug users in Europe. 3. South America- Columbia, Peru, Uruguay, and Panama are the principal sources of all cocaine supply in the World due to the robust production of coca plants-sources of the cocaine drug. 4. Mexico- is known in the world to be the number one producer of marijuana (cannabis sativa) 5. Philippines- second to Mexico as to the products of marijuana. It also became the major transshipment point for the worldwide distribution of illegal drugs particularly shabu and cocaine from the Taiwan and South America. It is also noted that Philippines today is known as the drug abusers in Asia. 6. 11. Japan- became the major consumer of cocaine and shabu from the United States and Europe. Organized Crime Groups behind the Global Drug Scene: 1. Colmbia Medellin Cartel Founded during the 1980’s by Columbian drug lords in the name of Pablo Escobar Gaviria and drug bosses Jose Gonzalo Rodrigues Gacha and the top aid cocaine barons Juan David and the Ochoa Brothers. The Medellin Cartel is reputedly responsible for organizing world’s drug trafficking network. 2. The Cali Cartel The downfall of the Medellin Cartel is the rise of the Cali Cartel-the newly emerged cocaine monopoly. The cartel produces over 90% of cocaine in the world. Due to this, it was called the best and the brightest of the modern underworld. “they are professionals of the highest order, intelligent, efficient, imaginative, and nearly impenetrable”- US Drug Enforcement Agency. Gilberto Rodriguez Orajuela- better known as Don Chepe “the chest player” heads the syndicated organization. Under him, the Cali Cartel was considered the most powerful criminal organization in the world. 3. The Chinese Triad Also called the Chinese Mafia is the oldest and biggest criminal organization in the world. It is believed to be the controller of the “Golden triangle” with international connections on drug trafficking. DRUG SYNDICATES IN THE PHILIPPINES 1. Binondo-based Chinese Syndicates Has been identified as the nucleus of the Triad Society, the Bamboo gang based in Taiwan and the 14K based in Hong Kong. The Bamboo Gang is the influencer of the Green Gang of the Chinese Triad while 14K is the newest among the Triads families only established in 1947. 2. The Filipino-Chinese drug syndicates Are groups responsible in smuggling shabu into the country. Most drug couriers use Hong Kong and Taiwan as their embarkation points of the Philippines. And recently, intelligence reports reveal that large quintets of shabu are smuggled in the country directly from mainland China through commercial airlines and ocean-sea vessels. The most common “modus operandi” by the syndicates-posing as fishermen along the Philippine sea, particularly, the northern provinces of Luzon such as La Union, Ilocos, and Pangasinan where they drop their load of shabu to shoreline-based members. The syndicates are famously in marijuana cultivation and another drug smuggling including drug manufacture. Republic Act No. 9165 RA No 9165 otherwise known as the Comprehensive Dangerous Drug Act of 2002, which was passed into law on June 7, 2002, overhauled the 30-year old Dangerous Drug Act of 1972. The new law increases penalties for drug related offenses while placing more emphasis on the rebuilding of lives through rehabilitation and treatment. The law is primarily designed to safeguard the well-being of its citizenry especially the youth from the harmful effects of dangerous drugs. Its provisions against the use of dangerous drugs show the intent of the present legislature to pursue an intensive and unrelenting campaign to eliminate the drug menace and reintegrate its victims into society. Repealing RA 6425, the dangerous Drug Act of 1972 Approved and signed by the President of June 7, 2002. Took effect of July 4, 2002. Consolidation of House Bill No. 4433, and Senate Bill No. 1858. RA 6425 Prohibited Drugs Regulated Drugs Volatile Substance RA 9165 Dangerous Drugs Controlled Precursors Essential Chemicals SECTIONS 4 TITLE PUNISHABLE ACTS PENALTIES Importation of Dangerous Drugs and or Controlled Precursors and Essential Chemicals. Important or bring into the -life imprisonment to death. Philippines any Dangerous Drugs -fine ranging from 500K to 10M regardless of the quantity and pesos. purity involved including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral decorative and culinary purposes. Use of Diplomatic passport, -Maximum penalty of death diplomatic facilities or any other means. Unless authorized by law, import controlled precursors and essential chemical. 5 Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - 12 years and 1 day to 20 years. Organizes, manages or act as financers. Maximum penalty of death. Protector/coddler 12 years and 1 day to 20 years. Unless authorized by law Sell, Life imprisonment to death and a Trade, Administer, Dispense, fine of 500K to 10M pesos. Deliver, Give away to another, Distribute, Dispatch in transit or Transport any Dangerous Drugs including any species of opium poppy regardless of quantity and purity involved. - act as broker in any such transaction. Unless authorized by law, shall - 12 years and 1 day to 20 years and sell, Trade, Administer, Dispense, fine ranging from 100K to 500K Deliver, give away to another, pesos. Distribute, Dispatch in transit or Transport. - Any Controlled Precursor. If STADD or T within 100m from Maximum penalty of death. the school. Pusher who used minor or Maximum penalty of death. mentally incapacitated individuals as runners, couriers and messengers or in any capacity directly connected to the dangerous drugs and or controlled precursors and essential chemical trade. If the victim of the offense is Maximum penalty of death. minor or a mentally incapacitated individual or should a dangerous drug and/or controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim. 6 Organizes, manages or acts as financers. Maximum penalty of death. Protector/coddler 12 years and 1 day to 20 years. Maintenance of a den, Maintain a den, dive or resort Life imprisonment to death and a dive or resort. where any dangerous drugs are fine ranging from 500K to 10M used or sold in any form. pesos. Maintain a den, dive or resort 12 years and 1 day to 20 years and a where any controlled precursor fine ranging from 100K to 500K and essential chemicals is used or pesos. sold in any form. Where any dangerous drugs are administered, delivered or sold to a minor who is allowed to use the same in such a place. Maximum penalty of death. Should any dangerous drugs be Maximum penalty of death and a the proximate cause of death of a fine ranging from 1M to 15M pesos. person using the same in such den, dive or resort, (the maintainer, owner and/or operator). If such den, dive or resort is Confiscated and escheated in favor owned by a third person, of the government. provided: Specifically allege in the criminal complaint that such place is intentionally used in the furtherance of the crime. Prove such intent on the part of the owner to use such property for such purpose. Owner shall be included in the criminal complaint. Organizes, manages a act as a Maximum penalty of death. financer of any of the illegal activities. 7 Employees and visitors of a den, dive or resort. Protector/coddler 12 years and 1 day to 20 years and a fine of 100K to 500K. Any employee of a den, dive or resort who is aware of the nature of the place. 12 years an one day to 20 years and a fine from 100T to 500T -Is aware of the nature of the place as such and shall knowingly visit the same. 8 Manufacture of Any person, unless authorized by Life imprisonment to death and a Dangerous Drugs and the law shall engage in fine of 500T to 10M pesos or controlled manufacture of dangerous drugs precursors and Any person unless authorized by 12 yrs and 1 day to 20 years and a Essentials Chemicals law shall manufacture any fine of 100T to 500T pesos controlled precursor and essential chemical The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken r established under the following circumstances a. Any phase of the manufacturing process was conducted in the presence or with the help of minor(s); b. Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church, or school premises; c. Any clandestine laboratory was secured or protected with booby traps; d. Any clandestine laboratory was concealed with legitimated business operations; or e. Any employment of a practitioner, chemical engineer, public official or foreigner - Any person who organizes manages, or acts as financier “Maximum penalty of Death” - Protector/ Coddler * 12 yrs & 1 day to 20 yrs fine of 100T to 500T pesos. r