Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bitt No? 816

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT
REMOVING CANNABIS AND ANY FORM OR DERIVATIVE THEREOF CULTIVATED,
CULTURED, USED, SOLD, DISTRIBUTED, OR DISPENSED EXCLUSIVELY FOR,
MEDICINAL AND MEDICAL RESEARCH PURPOSES FROM THE LIST OF
DANGEROUS DRUGS AND SUBSTANCES UNDER EXISTING LAWS, AMENDING FOR
THE PURPOSE SECTIONS 3 (J), 11, AND 16 OF REPUBLIC ACT NO. 9165, OTHERWISE,
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS AMENDED

EXPLANATORY NOTE

Across the vast majority of Asia, public opinion is increasing its support for cannabis
legislation, which seek to enable the production, distribution, regulation, and research for the medical
and medicinal use of cannabis. In developing countries, the use of cannabis for medicinal purposes
has also been widely recognized as a therapeutic option in the management of chronic pain
experienced by patients suffering from debilitating medical conditions.’ As such, relevant studies on
the pharmacological and medicinal properties of cannabis have been focused on its benefits to the
endocannabinoid system. This neurological system influences several brain functions which are
heavily diminished by terminal illnesses such as multiple sclerosis and cancer, among others.?

Along with the growing body of evidence to suggest its medicinal benefits, public outery for
medical cannabis legislation in the Philippines had led to the enactment of Administrative Order No.
4, s. 1992, which enables the Philippine Food and Drugs Administration (FDA) to grant a special
permit for the use of medical marijuana. However, the Comprehensive Dangerous Drugs Act of 2002
still lists cannabis as a “dangerous drug,” which severely restricts the possession and sale of even
prescribed amounts. Many individuals have found that obtaining a special permit has been practically
impossible to acquire, which significantly reduces its accessibility for patients who wish to benefit
from medical cannabis.

Advocates and patients continue to push for the legalization of medical cannabis for the
treatment of patients to widen the spectrum of affordable remedial and treatment alternatives that will
enable these citizens suffering from debilitating conditions, thereby improving their quality of life.

* Peter Grinpoon, MD. “Medical Marijuana.” Harvard Health, April 10, 2020.
‘marijuana-2018011513085.
? Mechoulam, Raphael, and.
(2013): 21-47,

inda A. Parker. "The endocannabinoid system and the brain.” Annual review of psychology, 64


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Likewise, this bill seeks to remove cannabis from the list of dangerous drugs and substances in the
‘Comprehensive Dangerous Drugs Act of 2002 to ensure legal and safe access to medical marijuana
for patients who require it for medical purposes.

Health is both a human right and a concern of social justice, as outlined by the Constitution,
Therefore, it is crucial for state policy to address the medical needs of patients whose health
conditions cannot be improved by traditional treatments. This measure effectively recognizes the pain
experienced by patients who suffer from debilitating medical conditions as it aspires to champion the
cause for inclusive healthcare in the country. It also underscores the importance of medical research
‘on cannabis and its derivatives in order to explore alternative treatments for terminal illnesses and
further research on the medicinal properties of cannabis.

Correspondingly, this bill does not legalize nor encourage the recreational use of cannabis in
the Philippines. It remains strictly regulated by the relevant government authorities to inhibit cannabis
abuse and misuse. The recreational and non-medical use of cannabis remains prohibited and
punishable under existing laws and regulatory institutions, which oversee the safeguards and measures
in place for medical purposes.

In view of the foregoing, approval of this measure is earnestly sought.

Lone District, Quirino


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill no 616

Introduced by Representative Midy N. Cua
Lone District, Quirino

AN ACT
REMOVING CANNABIS AND ANY FORM OR DERIVATIVE THEREOF CULTIVATED,
CULTURED, USED, SOLD, DISTRIBUTED, OR DISPENSED EXCLUSIVELY FOR
MEDICINAL AND MEDICAL RESEARCH PURPOSES FROM THE LIST OF
DANGEROUS DRUGS AND SUBSTANCES UNDER EXISTING LAWS, AMENDING FOR
THE PURPOSE SECTIONS 3 (J), 11, AND 16 OF REPUBLIC ACT NO. 9165, OTHERWISE.
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1, Declaration of Policy. - It is the policy of the State to adopt a comprehensive approach
to health development and health care including the undertaking of appropriate research responsive to
the country’s health needs and problems. Pursuant to this policy, the State shall allow and strictly
regulate the production, use and distribution of goods, medicines and substances used for their
production or formulation, that can help provide citizens with affordable health and medical goods and
services.

SEC. 2. Subsection letter (j) of Section 3 of ARTICLE I, Definition of Terms, of the Comprehensive
Dangerous Drugs Act of 2002 is herein amended to read as follows:

“Section 3. Definitions. - As used in this Act, the following terms shall mean:

(@) xxx

(b) xxx

(©) xxx

(@) xxx

(e) xxx

(f) xxx

(g) xxx

(h) xxx

xx

(j) Dangerous Drugs. ~ Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the
attached annex which is an integral part of this Act [.], PROVIDED, THAT CANNABIS
OR ANY OTHER NAME THEREOF, AND ANY FORM, DERIVATIVE AND
FORMULATION OF THE SAME AS PROVIDED IN SECTION 3 (V) IN THIS


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ACT, THAT IS CULTIVATED, CULTURED, PURCHASED, PRODUCED,
DISTRIBUTED, SOLD, DISPENSED, ADMINISTERED OR USED SOLELY AND
EXCLUSIVELY FOR (A) MEDICINAL AND MEDICAL INTERVENTION
PURPOSES, IN SUCH MANNER AND AMOUNTS AS DETERMINED AND
PRESCRIBED FOR THE USE OF IDENTIFIED PATIENTS BY DULY
LICENSED MEDICAL DOCTORS FOR THE TREATMENT, REMEDIATION
OR ALLEVIATION OF SPECIFIC MEDICAL AND HEALTH PROBLEMS,
DISORDERS OR CONDITIONS, AND PROCURED OR RECEIVED FROM,
DISTRIBUTED OR SOLD, BY DULY AUTHORIZED GOVERNMENT HEALTH
AGENCIES AND INSTRUMENTALITIES, AND BY LICENSED OR DULY
AUTHORIZED PRIVATE MEDICAL AND HEALTH ENTITIES, OR (B) FOR
PURPOSES OF MEDICAL AND HEALTH RESEARCH PARTICULARLY FOR
THE PRODUCTION OF NEW MEDICINES, DRUGS OR DRUG
FORMULATIONS BY DULY AUTHORIZED GOVERNMENT AND PRIVATE
ENTITIES, SHALL BE EXCLUDED FROM THE LIST OF SUBSTANCES
HEREIN CLASSIFIED AS DANGEROUS DRUGS.”

SEC. 3. ARTICLE Il, Section 11 of the Comprehensive Dangerous Drugs Act of 2002 is hereby
amended to read as follows:

“Section 11. Possession of Dangerous Drugs. ~ The penalty of life imprisonment to death and
a fine ranging from Five hundred thousand pesos (PS00,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:

(1) 10 grams or more of opium;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

1640 -grams or more-of marijuana-resin-or marijuana-resin-oil;}

48} © 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or “ecstasy”, paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in accordance
to Section 93, Article XI of this Act.

Otherwise, ifthe quantity involved is less than the foregoing quantities, the penalties
shall be graduated as follows:

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (PS00,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50)

(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten


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(10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, fmarijuana-resin
‘oF-marijuane-resin-oilf, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements-for-three

and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
‘morphine, heroin, cocaine or cocaine hydrochloride, fmarijuane-resin-or-marijuana-resin
il}, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any therapeutic value or if the
quantity possessed is far beyond therapeutic requirements}s}for-tess-than-three-hundred
300} grams of marijuana,”

SEC. 4. ARTICLE Il, Section 16 of the Comprehensive Dangerous Drugs Act of 2002 is hereby
amended to read as follows:

“Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources
Thereof. ~ The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person, who shall plant, cultivate or culture famaeijuanast opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a
source from which any dangerous drug may be manufactured or derived: Provided, That in the
case of medical laboratories and medical research centers which cultivate or culture
{marijuanas} opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of medicine, the Board
shall prescribe the necessary implementing guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such plants and materials.”

SEC. 5. Implementing Rules and Regulations. ~ The Dangerous Drugs Board (DDB) with the DOH,
DILG, DOJ, DSWD, DepEd, PNP, NBI, the Chairpersons of the Committees on Dangerous Drugs of
the Senate and the House of Representatives and at least two (2) representatives of concerned
stakeholders, shall promulgate the implementing rules and regulations necessary to implement this Act
within sixty days from the date ofits effectivity.

SEC. 6. Separability Clause. ~ If any provision of this Act is held unconstitutional or invalid, all other
provisions not affected thereby shall remain valid.

SEC. 7. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations or parts thereof,
which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

SEC. 8. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,