Legalizing Marijuana in The Philippines

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LEGALIZING MARIJUANA IN THE

PHILIPPINES

1C Torlao
1C Clark
1C Lali
1C Reburiano
1C Dagatan
REFERENCES

• https://en.wikipedia.org/wiki/Cannabis_in_the_Philippines#:~:
text=On%20May%2026%2C%202014%2C%20Isabela,the%20use%20of%20medical%20mari
juana
• https
://pinglacson.net/2022/02/02/lacson-administration-open-to-use-of-marijuana-for-medical-purp
oses
/
• https://www.pna.gov.ph/articles/1167897#:~:
text=In%202020%2C%20Senate%20agreed%20that,multiple%20sclerosis%20and%20nerve%
20pain
.
• https://www.webmd.com/a-to-z-guides/medical-marijuana-faq
• https://www.congress.gov.ph/press/details.php?pressid=11649
• https://www.rappler.com/nation/222208-house-3rd-reading-bill-medical-marijuana/
• https://legalresearchph.com/2022/05/11/a-study-concerning-the-legalization-of-medical-mariju
ana
CANNABIS IN THE PHILIPPINES

• The cultivation and use of cannabis in the Philippines is illegal under


Republic Act 9165 or the Comprehensive Dangerous Drugs Act of
2002.
• As the Philippines is a signatory to the 
1961 United Nations Single Convention on Narcotic Drugs, Cannabis is
classified as a Schedule I drug, which limits its use to medical and
scientific purposes.
• Marijuana is the second most used drug in the Philippines, after shabu (
methamphetamine), and most cultivation in the country is for local
consumption. Cannabis is cultivated mostly in the remote, mountainous
LEGALITY

• Cannabis has been illegal in the Philippines since 1972 by virtue of Republic Act No.
6425, or the Dangerous Drugs Act of 1972. RA6425 classified marijuana as a
prohibited drug, and detailed out punishments for the importation, sale, manufacture,
cultivation, possession, and use of the drug, as well as possession of any drug-related
paraphernalia.
• Under the current law, the importation, sale, maintenance of a den, dive or resort,
manufacture, use, and cultivation of marijuana and marijuana-related products shall be
met with life imprisonment and a fine.
• While cannabis remains widely illegal including medical use, individuals with serious
or terminal illness may apply for special permit from Food and Drugs Authority for
drugs unregistered in the Philippines including those containing cannabis. Since
issuance of permits began in 1992, only one application has been filed to seek consent
to use cannabis oil as of December 2018.
BENEFITS OF MEDICAL MARIJUANA

Cannabinoids -- the active chemicals in medical marijuana -- are similar to


chemicals the body makes that are involved in appetite, memory, movement, and
pain.
• Limited research suggests cannabinoids might:
• Reduce anxiety
• Reduce inflammation and relieve pain
• Control nausea and vomiting caused by cancer chemotherapy
• Kill cancer cells and slow tumor growth
• Relax tight muscles in people with MS
• Stimulate appetite and improve weight gain in people with cancer and AIDS
LEGAL BASIS

• Pursuant to Section 11, Article XIII of the 1987 Philippine


Constitution, it shall be the policy of the State to adopt an integrated
and comprehensive approach to health development which shall
endeavor to make essential goods, health and other social services
available to all the people at affordable cost. The State shall protect and
promote the right to health of the people and instill health
consciousness among them.
LEGAL BASIS

• Section 2 of The Comprehensive Dangerous Drugs Act


provides that the State shall provide measures to achieve a
balance in the national drug control program so that the
patients with debilitating medical condition may receive
adequate amount of treatment and appropriate medications
from the regulated use of dangerous drugs.
LEGAL BASIS

• Section 2 of The Traditional and Alternative Medicine Act


of 1997 provides that it shall be the policy of the State to
improve the quality and delivery of health care services to
the Filipino people through the development of traditional
and alternative health care and its integration into the
national health care delivery system. It also provides that
the State shall seek a legally workable basis by which
indigenous societies would own their knowledge of
traditional medicine.
LEGAL BASIS

• FDA Administrative Order No. 4 S. 1992 entitled “Policy


and Requirements for Availing of Compassionate Special
Permit for Restricted Use of Unregistered Drug and Device
Product/Preparation” recognizes the need for drugs and
devices product/preparation which are not registered or are
in the process of registration in the Philippines by patients
who are terminally or seriously ill. Access to these products
for these patients is morally, socially, and ethically justified
when there is no existing superior alternative therapy that
can likely cure or adequately control their conditions.
LA C S O N
A D M I N IST R AT IO N O PEN TO U S E O F M A R IJ U A N A F O
R M E D IC A L
P U R P O SE S

• A Lacson administration will be open to the proposed use of marijuana


but strictly for medical purposes.
• Partido Reporma chairman and presidential bet Sen. Panfilo “Ping” M.
Lacson stressed this Wednesday as he said he is even supportive of the
proposal.
• However, Lacson maintained he is not open to legalizing the use of
marijuana for entertainment.
• Also, he said the proper procedures must be observed for marijuana to
become legal. Marijuana is considered an illegal substance under
Republic Act 9165.
ROQUE FAVORS LEGALIZING
MARIJUANA FOR MEDICAL USE

• MANILA – UniTeam senatorial candidate Harry Roque favors the legalization of marijuana use for medical
purposes.
• If elected, Roque, a human rights lawyer, said he would file a bill legalizing the use of marijuana as long as it is
used to help ease the pain of cancer patients.
• In 2019, the House of Representatives approved on third and final reading House Bill No. 6517 or the proposed
“Philippine Compassionate Medical Cannabis Act” that seeks to provide compassionate and right of access to
medical cannabis and expand research into its medicinal properties.
• In 2020, Senate agreed that Congress must not lose time and waste efforts to legislate a law that will make legal
the use of cannabis for medical purposes.
• According to Harvard Health Publishing, marijuana eases the pain of multiple sclerosis and nerve pain.
Patients claim that marijuana allows them to resume their previous activities without feeling completely out of it
and disengaged. It also lessens the tremors in Parkinson’s disease.
HOUSE BILL 279

• House BiIll 279, or the "Philippine Medical Cannabis Compassionate Act", provides the right of access to medical cannabis as a compassionate alternative
means of medical treatment, expanding research into its medicinal properties.
• In his explanatory note for HB 279, Albano stressed that thousands of Filipino patients suffering from serious and debilitating diseases will benefit from
legalizing the medical use of cannabis.
• PhilHealth benefits offset some expenses, but patients who are not eligible will still have out-of-pocket expenses for chemotherapy treatments.
• Under HB 279, a person can be a qualified medical cannabis patient if the person has been diagnosed by a certifying qualifying physician as having a
debilitating medical condition and who, in the qualified physician's evaluation, should receive therapeutic or palliative benefits from the medical use of
cannabis.
• Medical cannabis shall only be accessed through Medical Cannabis Compassionate Center (MCCC) dispensaries. An MCCC shall guarantee the appropriate
dispensation of medical cannabis through a pharmacist with a license issued by the Philippine Drug Enforcement Agency (PDEA) and shall not release more
than the prescribed dosage for one month to a qualified patient or caregiver.
• The Department of Health and the PDEA shall have access to the MCCC's records and premises at any time of the day or night whenever work is being
undertaken therein, and to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may
aid in the enforcement of the measure or its rules and regulations issued pursuant thereto.
• Meanwhile, the Dangerous Drugs Board (DDB) shall assist in the formulation of guidelines, in coordination with other government agencies, with respect to
cultivation, importation, production and distribution of medical cannabis which shall be included in the implementing rules and regulations of the measure. /
Czarina Engracia / News and Documentation Section-Press and Public Affairs Bureau / House of Representatives of the Philippines
HOUSE BILL 6517

• Under HB 6517, a patient would be qualified to use medical marijuana if he or she is diagnosed as having a debilitating
disease and who, upon the doctor’s evaluation, should receive “therapeutic or palliative benefits” from the medical use
of cannabis.
• The qualified patient would have the right to choose the type of medicine and health care services that he or she would
receive to alleviate the medical condition.
• HB 6517 would create medical cannabis compassionate centers, which would be tasked to acquire, possess, deliver,
transfer, transport, sell, supply, and dispense marijuana to qualified patients. 
• A medical cannabis research and safety compliance facility would also be established to conduct scientific and medical
research on the medical use of marijuana. Both of these centers would be under the jurisdiction of the DOH, which
would be the principal regulatory agency for medical marijuana use. 
• The DOH would also be tasked to create an advisory committee on the medical use of cannabis, tasked to implement the
provisions under HB 6517.
CONCLUSION

• There is still a lot of research that needs to be put into


medical marijuana. Studies made overseas are not
conclusive when it comes to the correlation between
legalization of medical marijuana and crime rates.
RECOMMENDATIONS

• Implement and enforce better and more effective drug


policies that would encourage people to avoid the use of
recreational marijuana. To lessen the chances of abuse, the
law must impose more qualifications for doctors to be able
to prescribe medical marijuana.
• With the violent crackdown on illegal drugs, they should
provide certifications or identification that one is eligible to
purchase medical marijuana.

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