Short answer. Yes, in many cases, despite what the printed law says. Republic Act No. 9165 originally barred plea bargaining in all drug cases, but the Supreme Court struck that prohibition down as unconstitutional, and plea bargaining now proceeds under a framework the Court itself issued. Whether it is available in your case depends on the charge and the court.
What the law says
Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining
RA 9165, Section 23 — No Plea Bargaining. Read the full provision →
What the printed law says, and why it no longer controls
The section still on the books reads that a person charged under the drug law shall not be allowed to avail of the provision on plea-bargaining, whatever the penalty. Read on its own, that is a flat, no-exceptions ban. It is not, however, the rule that governs a drug case today. The Supreme Court declared this prohibition unconstitutional, holding that deciding what may be plea-bargained is a matter of court procedure, which the Constitution places in the Court’s hands rather than Congress’s. A page that told you plea bargaining is impossible in a drug case would be repeating a rule that has been struck down.
What actually applies now
In place of the ban, the Supreme Court issued its own framework setting out which drug offences may be plea-bargained and to what lesser offence. The practical effect is that plea bargaining is available for a range of drug charges, most commonly where the quantity involved is small, and it typically means pleading to a lesser offence such as possession of drug paraphernalia rather than to the original charge. It is not automatic and it is not open to every case: the framework draws lines by the offence charged and the quantity, and the prosecution’s position and the court’s approval both still matter.
What plea bargaining does and does not give you
A plea bargain is a conviction, not an acquittal. It shortens exposure by substituting a lighter offence for a heavier one, which can mean a far shorter penalty and, for some offences, a route to probation — but it leaves the accused with a criminal record for the offence pleaded to. It does not erase the arrest, and it does not, by itself, restore anything already forfeited. Whether it is the right move is a judgment about the strength of the evidence and the specific charge, not a box everyone charged with a drug offence can simply tick.
The practical takeaway
Do not rely on the flat prohibition printed in the statute, and equally do not assume plea bargaining is guaranteed. The availability turns on the exact charge, the quantity alleged, and the court hearing the case, all measured against the Supreme Court’s framework rather than the struck-down section. Anyone actually facing a drug charge should have the specific information laid against them checked against that framework before deciding how to plead, because the difference between the original charge and the offence available on a bargain can be the difference between a very long sentence and a route to probation.