Short answer. Yes. Under the drugs law, any attempt or conspiracy to commit the listed unlawful acts shall be penalized by the same penalty prescribed for the commission of the same. For serious drug offences like selling, the law does not treat a failed or planned act as harmless.
What the law says
Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act
RA 9165, Section 26 — Attempt Or Conspiracy. Read the full provision →
Attempt and conspiracy stand on their own
In ordinary crimes, an attempt or a conspiracy is usually punished more lightly than the completed act. The drugs law takes a stricter path for the offences it singles out. It provides that Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act. In other words, for these particular offences, trying and agreeing are treated as gravely as doing. The law deliberately closes the gap between planning a drug crime and carrying it out, so that being caught before the deal is completed is not a way to escape serious liability.
Which acts this reaches
The rule does not apply to every conceivable drug-related act. It attaches to a specific list: importation of dangerous drugs or controlled precursors; their sale, trading, administration, dispensation, delivery, distribution and transportation; maintaining a den, dive or resort where drugs are used; the manufacture of dangerous drugs or precursors; and the cultivation of plants that are sources of dangerous drugs. Selling sits right inside that list. So an attempt to sell, or a conspiracy to sell, falls squarely within the provision. Knowing exactly which acts are covered matters, because the equal-penalty treatment is confined to these enumerated, most serious offences.
What conspiracy actually means
Conspiracy here is not loose talk or a passing thought. In law it means an agreement between two or more people to commit the offence, coupled with a decision to pursue it. Mere presence where drugs are found, or knowing someone who deals, is not by itself a conspiracy. The prosecution must show a real meeting of minds directed at the crime. Similarly, an attempt requires acts that begin carrying out the offence, not just preparation left entirely in one's head. These distinctions matter because they mark the line between conduct the law punishes and suspicion that, standing alone, it does not.
Why this is serious and what to do
Because attempt and conspiracy carry the same weight as the completed act for these offences, the exposure from being drawn into a drug transaction — even one that never closes — is severe. That is reason to take any such accusation seriously from the first moment. Do not assume that because no sale was finished, or no drugs changed hands in front of you, there is nothing to answer. The safest course for anyone accused, or worried they may be implicated, is to say nothing that could be twisted into agreement and to consult a lawyer immediately, before speaking to investigators.