Short answer. Yes. Section 9 punishes the illegal diversion of a controlled precursor or essential chemical, even though the chemical is not itself a dangerous drug. It applies to anyone who, unless authorised by law, illegally diverts such a regulated chemical, and carries a long prison term and a heavy fine.
What the law says
shall be imposed upon any person, who, unless authorized by law, shall illegally divert any controlled precursor and essential chemical
RA 9165, Section 9 — Diverting Precursor Chemicals. Read the full provision →
The law reaches beyond the drugs themselves
Many people assume the drug law only punishes handling the finished dangerous drug. Section 9 shows otherwise. It creates a separate offence of illegal chemical diversion, and its target is not a drug at all but a controlled precursor and essential chemical — a substance on the regulated list because it is used to manufacture dangerous drugs. So a chemical that is perfectly lawful to possess in the right hands and for the right purpose can still be the subject of a charge when it is diverted out of legitimate channels.
What 'diversion' turns on
The offence is committed by a person who, unless authorized by law, shall illegally divert the controlled chemical. Two elements do the work. The chemical must be one that is controlled — the regulation attaches to listed precursors and essential chemicals, not to every industrial substance. And the act must be a diversion done without legal authority: moving the chemical away from the permitted use or holder it was authorised for. Someone dealing with these chemicals under a valid authority, for the purpose that authority covers, is not who the section is aimed at.
The penalty the section carries
Section 9 sets the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine. This is a grave penalty, which reflects that precursor control is treated as part of the same enforcement scheme as the drugs it feeds. Because the charge is about the chemical's regulated status and its diversion, the questions in a real case tend to be documentary: what the chemical is, whether it is on the controlled list, and what authority the person had to hold or move it.
Where to start if you handle these chemicals
For a business or individual that legitimately uses regulated chemicals, the protection is the paper trail — the licences, permits and records showing the chemical stayed within its authorised use. If a diversion is alleged, those documents are the first thing to assemble, because the whole issue is whether the movement was authorised. This is a technical, list-driven area of the law, and it is worth confirming with counsel whether a particular substance is even a controlled precursor before assuming a charge under this section can stand.