The Philippines' Narcotics and Drug Policy — Legal Framework, the "Drug War," the ICC, and Where Things Stand in 2026

As of 2026-08-30 · Updated 2026-08-30 · Section: Society, Human Rights & Public Safety · 日本語版

0. Five Key Points to Start With

注 The figures in this article mix "confirmed government totals," "government figures still being tallied," and "NGO/academic estimates." Sources and years are noted throughout so these can be distinguished. Where something could not be verified, it is explicitly marked "unconfirmed."

1. The Main Drugs

1-1. Shabu (shabu = methamphetamine hydrochloride)

By far the most abused drug in the Philippines. Known locally as shabu, and as methamphetamine hydrochloride in official documents.

注 How to read "seizure worth ₱X billion" figures: News reports of "shabu seized worth ₱X" are assessed values mechanically calculated as PDEA's standard unit price × weight, not the actual street price. This survey could not confirm the official 2026 unit price itself. Articles that also state the weight in kilograms are more useful for grasping the actual scale.

1-2. Marijuana (Cannabis)

• The second most abused drug. Grown in the mountainous Cordillera region of northern Luzon and in remote parts of Mindanao; most is destined for domestic consumption (PDEA).
• As of 2015, roughly 25% of rehabilitation-center clients were marijuana users, and marijuana accounted for 8.9% of 2014 seizures (DDB/PDEA, both old data). 注 These figures are more than a decade old; this survey could not confirm the current 2026 breakdown.
• Illegal even for medical use, at present (see Section 9).

1-3. Cocaine, MDMA, and Others

• Cocaine has traditionally had low consumption, but the Philippines' role as a transit point from Latin America to Asia surfaces occasionally in the form of floating packages washing ashore or port seizures.
• MDMA (ecstasy) is said to be the third most abused drug (注 multiple sources cited, primary source not confirmed).
• In March 2026, the DDB issued a warning about abuse of nitrous oxide (so-called "laughing gas") (posted on ddb.gov.ph as of 2026). The DDB revises the list of controlled substances as needed (see below).

2. Trafficking Routes and International Syndicates

2-1. Types of Routes

2-2. Foreign Organizations Implicated

注 A point that trips people up: The claim that "the Sinaloa Cartel has established a presence in the Philippines" still circulates in Japanese-language sources, but its basis is a 2013 PDEA statement. As of 2026, going by government announcements, the primary perceived threat has shifted to Chinese-linked syndicates and Golden Triangle supply networks. Do not conflate the old and the current picture.

2-3. Regional Trends (UNODC)

• In May 2025, the UNODC (UN Office on Drugs and Crime) reported a sharp rise in production and trafficking of synthetic drugs originating from the Golden Triangle.
• A June 2026 follow-up report noted that 2025 synthetic-drug seizures across Asia hit a record high, and that ties with Southeast Asia's scam-centre networks have deepened (UNODC, announced 2026-06-12; CNA, reported 2026-06-21).
• 注 This survey could not access the primary source for the specific 2025 seizure tonnage figures; treated as unconfirmed.

3. Legal Framework — Republic Act No. 9165 (RA 9165)

3-0. Has It Been Amended? (Amendment status confirmed 2026-08-26)

Source: LawPhil lawphil.net/statutes/repacts/ra2014/ra_10640_2014.html original text (retrieved 2026-08-26); LawPhil ra_12015_2024.html; LawPhil's 2025 and 2026 RA indexes

3-1. Basic Information

3-2. Where Quantity Determines the Penalty (Section 11 — Simple Possession)

Possession of the following quantities or more brings a penalty ranging from life imprisonment to death, plus a fine of ₱500,000 to ₱10,000,000 (RA 9165, Section 11; source text lawphil.net).

• Below these thresholds the penalty steps down, but even so there is a long-term-imprisonment band of 12 years and 1 day to 20 years. To be precise, there are three tiers: (1) shabu at 10g–under 50g = life imprisonment + fine of ₱400,000–₱500,000; (2) opium/morphine/heroin/cocaine/shabu etc. at 5g–under 10g, or marijuana at 300g–under 500g = 20 years and 1 day to life imprisonment + fine of ₱400,000–₱500,000; (3) below that = 12 years and 1 day to 20 years + fine of ₱300,000–₱400,000 (RA 9165, Section 11).
• Purity is irrelevant — the judgment is based on total weight, including any cutting agents.

(Corrected in the 2026-08-25 cross-check. Source: RA 9165 Section 11 text, lawphil.net) The marijuana resin (10g) row was added, and the three sub-threshold tiers were spelled out. This has been reconciled with the same table and figures in Section 10 of the "Public Safety and Harm to Japanese Nationals" article.

3-3. Main Penalties by Type of Act

注 A note on the word "death": The statute reads "life imprisonment to death," but the Philippines abolished the death penalty in 2006 under Republic Act No. 9346, so the maximum sentence actually handed down today is life imprisonment (reclusion perpetua). Translating the statutory text literally is misleading. 注 That said, as discussed below, bills to reinstate the death penalty for drug offenses keep being filed.

What this means in practice for foreign nationals: bail is effectively difficult to obtain, trials drag on for a long time, and a conviction means life imprisonment plus a fine plus deportation after serving the sentence. On 10 June 2026, a Tagaytay court convicted a Canadian national in a ₱9.5 billion shabu case in Batangas (Manila Bulletin, 2026-06-10). The assumption that "being a foreigner means getting off lightly" does not hold.

3-4. Plea Bargaining

• Plea bargaining in drug cases has become a major exit route, letting defendants have the charge reduced from a heavier count (e.g., Section 5) to a lighter one (e.g., Section 12), lowering the sentence.
• The Supreme Court revised the plea-bargaining guidelines for drug cases on 3 June 2025 (PNA, 2025-06-03).
• The backdrop is jail and prison congestion; the Department of Justice (DOJ) also rolled out a "decisive and humane" plan to ease overcrowding in January 2026 (press reports, 2026-01).
• 注 As plea bargaining has spread, a pattern of "mass arrests → resolved on a lighter charge" has become entrenched in practice. Arrest numbers and conviction numbers need to be read as separate things.

4. Enforcement — How PDEA, PNP, and DDB Divide Responsibilities

注 A point that trips people up (1): On paper, "PDEA leads and PNP supports," but in practice the overwhelming majority of actual enforcement actions are conducted by PNP. Most killings during the Duterte era also occurred under PNP operations. Reading only the statutory framing of "PDEA as the lead" will give you a mistaken picture of reality.

注 A point that trips people up (2): PNP chiefs turn over quickly. Nicolas Torre III retired in January 2026 and Nartatez was promoted to succeed him. Do not carry over a chief's name from a pre-2025 article and present it as current.

5. The Duterte Administration's "Drug War"

5-1. Oplan Tokhang and Project Double Barrel

Multiple secondary sources record then-PNP Chief Ronald "Bato" dela Rosa as having said that Double Barrel "was really about killings," but this survey was unable to reach a primary source (the original article or footage of the statement) = 注 primary source unconfirmed.

Government tally (June 2016–July 2019): 134,583 searches/operations, 193,086 arrests, 5,526 suspect deaths.

5-2. Five Different Ways of Counting the Death Toll

This is the single most misunderstood issue. The figures below count different things, so they must not be compared directly.

注 Breakdown of the 76 killings in ⑤ (as aggregated in press reports): 19 during Duterte's time as Davao mayor (2013–2016), 14 "high-value target" killings (2016–2017), and 43 from barangay operations (2016–2018). 539 victims were granted status as participants in the case (Philstar, 2026-04-23).

注 A sixth count that has drawn attention recently: Amnesty International puts 2025 drug-related deaths at "at least 271" (Amnesty annual report). Human Rights Watch, citing Dahas, puts it at "238 for January–November 2025" (World Report 2026). The reason the same year 2025 yields 238/269/271 is a difference in tally period (January–November vs. the full year) and counting criteria. Different numbers do not mean one of them is a lie.

5-3. How Many Convictions Have There Been?

Against the thousands of deaths during the Duterte era, only 5 cases involving 9 police officers have resulted in final domestic convictions (HRW World Report 2026; Amnesty annual report).

• September 2025: A police colonel convicted of homicide in a 2016 case.
• December 2025: The Supreme Court upheld the conviction of 3 police officers in the 2017 killing of a 17-year-old boy.
• May 2025: Bail denied for 3 police officers in a 2020 killing of a businessman.

This "lack of accountability (impunity)" is precisely the main reason the ICC exercised jurisdiction under the principle of complementarity.

6. The ICC (International Criminal Court) Prosecution

• Individuals named as co-perpetrators include Senator Ronald dela Rosa, Bong Go, several former PNP chiefs, and former Justice Secretary Vitaliano Aguirre II (per the prosecution's claims, as compiled from press reports). 注 Being named is not the same as having an arrest warrant issued. As of August 2026, only two people — Duterte and dela Rosa — have publicly disclosed arrest warrants.
• Duterte is being held at the UN Detention Unit in The Hague. His lead counsel is UK barrister Peter Haynes.
• Duterte won election as Davao City mayor in the 2025 local elections, but forfeited the post by failing to take his oath within the required six months; his son Sebastian ("Baste") is serving as acting mayor.
• On 30 July 2026, Vice President Sara Duterte stated that "the drug war's extrajudicial killings are linked to the issue of gun violence," questioning the basis for the ICC's case (ABS-CBN/Manila Bulletin).

注 A point that trips people up: The ICC's jurisdiction runs only through 16 March 2019. Killings after that date — i.e., those under the Marcos administration — fall outside the ICC's scope under the current framework. The belief that "the ICC will also try cases from the Marcos administration" is mistaken.

7. The Policy Shift Under Marcos — "Prevention and Rehabilitation," Yet Operations Continue

7-1. The Stated Policy

• President Marcos (took office June 2022) has framed a shift in emphasis toward "prevention and rehabilitation," describing his anti-drug strategy as the "8 E's." In July 2024 he stated that "extermination was never part of it" (GMA Network, 2024-07-22).
• The government has used the phrase "bloodless drug war" (PNA, 2024-07-22). 注 However, domestic media and fact-checking outlets have pushed back, saying the phrase "does not match reality" (Inquirer, 2024-07-24, among others).
• The policy framework is the DDB's PADS (Philippine Anti-Illegal Drugs Strategy).

7-2. Figures Announced as Results

7-3. Barangay Drug Clearing

A certification system covering roughly 42,000 barangays nationwide, classified in three stages: "drug-affected" → "drug-cleared" → "drug-free." Regional achievement rates are frequently reported in provincial newspapers.

注 A point that trips people up: "Drug-cleared" does not mean "no drugs remain." It is an administrative certification indicating that certain procedural requirements have been met (processing of the watch list, establishment of rehabilitation programs, functioning of the local anti-drug council, etc.). A barangay certified as "cleared" can also be re-designated as affected later. Because the status is used as a performance metric for local governments, the figures are structurally prone to skewing upward — keep that in mind when reading them.

7-4. Killings That Continue Regardless

注 (Added in the 2026-08-25 cross-check. Source: CIVICUS Monitor, July 2026; "Civil Society and NGOs," Section 6-2) "Over 1,000" and "1,273" are not a contradiction — they reflect different reference dates (February 2026 vs. July 2026). Even citing the same Dahas tally, the figure can shift by hundreds depending on when the citing source was updated, so always attach the "as of [month/year]" qualifier when citing it.

• In February 2026, VERA Files reported that its related project "Sandatahang Dahas" had, for the first time, documented cases of body dumps involving state actors (2026-02-26).
• In July 2026, The Economist ran a piece titled "The drug war has outlived the Duterte administration" (2026-07-23).
• In short, "the drug war ended with the change in administration" is not true. The scale has shrunk to roughly a tenth or less, but killings in the hundreds per year continue.

7-5. Cases Suggesting Police Involvement (2025–2026)

• On 13 May 2026, the PNP ordered dismissal proceedings against an officer detained in a drug bust in Pampanga (Manila Bulletin).
• The "ninja cops" problem (officers who resell seized drugs) is an old issue widely reported in 2019–2020, and the underlying structure has not been resolved. 注 This survey could not confirm whether a new large-scale bust has occurred as of 2026.
• In August 2026, PNP Chief Nartatez stated that "there is no let-up in operations against drug and crime suspects" (Journal News Online, 2026-08-18). Daily Tribune reported that "PNP is stepping up its response to shifting syndicate tactics" (2026-08-12, 08-14).

8. Treatment and Rehabilitation for Drug Dependence

8-1. The Three-Tier System

8-2. The Numbers

• In the single month of May 2026, 10,540 "drug personalities" used government rehabilitation programs (PDEA, Inquirer, 2026-06-21).
• 注 Relapse rate: There is a case in which Makati City reported that "80% of rehabilitation-facility clients relapsed," but this comes from an August 2019 Inquirer report — neither a national figure nor a current one. This survey could not confirm any national relapse-rate statistics as of 2026.

注 A point that trips people up: Under RA 9165 Section 15, a first-offense use charge is not punished with prison but with "a minimum of 6 months of rehabilitation at a government facility." By design, the system treats "user = patient." 注 However, during the Duterte era the pathway of "surrender" → placement on the watch list → killing became a serious problem, and the gap between the system's stated design and its actual operation is the core issue of this whole topic.

9. Bills on Medical Use of Marijuana

As of 25 August 2026, medical marijuana is also illegal in the Philippines. Any claim that it has been legalized is incorrect.

• The only exception currently in place: severely ill or terminal patients may apply to the FDA (Food and Drug Administration) for a compassionate special permit for an unregistered drug. 注 However, only one marijuana-related permit had been granted as of December 2018, according to the record.
• A warning for travelers: Under RA 9165, possessing 500 grams or more of marijuana crosses the life-imprisonment line, and cultivation carries life imprisonment and up regardless of quantity. Bringing marijuana in on the assumption that "it's been legalized in Japan or elsewhere" will result in extremely severe consequences.

10. Key Events in 2025–2026 (Timeline)

11. Human Rights Groups, the UN, and the Truth Commission

11-1. The Truth Commission — The Biggest Domestic Development of 2026

• On 27 May 2026, an independent Truth Commission led by the Catholic Church (cardinals) and civil society was launched (Reuters/Rappler/Inquirer.net). 注 This survey could not confirm the chairperson's name or the commission's membership — unconfirmed.
• Its purpose is not criminal prosecution but documenting the facts. It has been reported as operating on a "no charges, just facts" basis (Politiko, 2026-08-24).
• It held its first public hearing on 14 August 2026, beginning with testimony from bereaved family members (Inquirer.net, Philstar, ABS-CBN, 2026-08-14–15).
• The PNP has expressed support for the commission (PNA, 2026-05-29).
• The Church has claimed that "many victims had nothing to do with drugs, yet were treated as if they did" (CBCPNews/Interaksyon, 2026-08-15–17).

11-2. International Human Rights Groups and the UN

11-3. Moves to Restore the Death Penalty

• On 6 December 2024, the House passed a death-penalty bill on third reading (ABS-CBN). 注 This survey could not confirm Senate passage, and it had not become law as of August 2026.
• Proponents: former President Duterte, Senator Christopher "Bong" Go, former Senator Manny Pacquiao, Ronald dela Rosa, and others.
• Opponents: the CBCP (Catholic Bishops' Conference of the Philippines), CHR (Commission on Human Rights), HRW, Amnesty, ICJ, and the UN.

12. 注 Common Misunderstandings (Summary)

13. Primary and Quasi-Primary Sources for Reference

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