Amendment to Art. 190 of Revised Penal Code Re: Inclusion of Marijuana as Prohibited Drug

June 13, 1958

REPUBLIC ACT NO. 2060

AN ACT AMENDING ARTICLE ONE HUNDRED AND NINETY OF THE REVISED PENAL CODE, SO AS TO INCLUDE MARIJUANA AND SIMILAR DRUGS AMONG THE PROHIBITED DRUGS.

SECTION 1. Article One hundred and ninety of the Revised Penal Code, is amended to read as follows:

"Art. 190. Possession, preparation and use of prohibited drugs, and maintenance of opium dens. — The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine ranging from three hundred to ten thousand pesos shall be imposed upon:

"1. Anyone who, unless lawfully authorized shall possess, prepare, administer or otherwise use any prohibited drug.

"'Prohibited drug' as used herein includes opium, cocaine, alpha and beta eucaine, Indian hemp, their derivatives and all preparations made from them or any of them, and such other drugs, whether natural or synthetic, having physiological action as a narcotic drug.

"'Opium' embraces every kind, class, and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of opium, enter as an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or not for their use.

"'Indian hemp' otherwise known as marihuana, cannabis Americana, hashish, bhang, guaza, churrus, and ganjah, embraces every kind, class and character of Indian hemp, whether dried or fresh flowering or fruiting tops of the pistillate plant cannabis satival, from which the resin has not been extracted, including all other geographic varieties whether used as reefers, resin, extract, tincture or in any other form whatsoever.

"By narcotic drug is meant a drug that produces a condition of insensibility and melancholy dullness of mind with delusions and may be habit forming. acd

"2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any form, in violation of the law."

SECTION 2. This Act shall take effect upon its approval.

Approved: June 13, 1958

Published in the Official Gazette, Vol. 54, No. 14, p. 4222 on July 14, 1958