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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 243

Introduced by REPRESENTATIVE ANTONIO “TONYPET” T. ALBANO

EXPLANATORY NOTE

The Constitution upholds health as a human right and a primary social
justice concern. Thus, it is a policy of the State to adopt an integrated and
comprehensive approach to health development which endeavors to make
essential goods, health and other social services available to the people at
affordable cost, and which gives priority attention to the needs of the
underprivileged sick, elderly disabled, women and children. The State is also
constitutionally mandated to establish and maintain an effective food and
drug regulatory system and to undertake appropriate health research
responsive to country’s health needs and problems (Art, XIII, Secs. 11-12,
Constitution)

Enabling and regulating the production, distribution and use of new
and regulated materials and substances solely for medical and medicinal
purposes, and the conduct of research on the use of such materials and
substances exclusively for discovering and producing new medical
formulations, drugs and related products for the treatment and alleviation of
specific diseases and other medical conditions falls squarely within the policy
parameters mandated by the Constitution for an enabling environment
address the health need of our people.

When traditional treatments and medicine fail to improve existing
health condition of a citizen, it is the right of that citizen to explore and use
alternative means of treatment to restore his health, prolong his life and even
improve the quality of his life, especially when there is convincing data and
proof that certain alternative treatments offer relief and remediation to
particular medical conditions not otherwise sufficiently addressed by
traditional treatments, drugs or medicines. Children and young people, adults
in their productive years suffering from rare conditions that rob them and
their families of a better quality of life cannot be denies their rights to explore
the use of alternative treatments.


Cannabis used solely for medicinal and medicinal purposes, and
research relative thereto, widen the spectrum of available compassionate and
affordable remedial and treatment alternatives for our people, especially the
young and the able youth.

In this light, this bill seeks to exclude the medical cannabis from the
classification of dangerous drugs within a strict regulatory framework; that it
is solely for medical and medicinal use and is prescribed in such amounts
and doses for specific patients with specifically identified and described
medical conditions by a duly authorized medical doctor or practitioner, with
the drug formulation or medical cannabis, distributed, dispensed, sold or
made available only by duly authorized or licensed government medical or
health agencies, or by duly authorized and licensed private medical or health
entities.

Recreational use of cannabis remains proscribed and punishable under
the law. Only the use of cannabis in any form or formulation for medical and
medicinal purposes under strict regulatory conditions is proposed in this bill.
Research using cannabis for the production of new drugs is already allowed
under RA 9165 and is simply reiterated in this bill.

Under the premises, approval of this bill is strongly recommended.

ak GOES ‘ Cam T. ALBANO


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

NINETEENTH CONGRESS
First Regular Session

243

HOUSE BILL NO.

Introduced by REPRESENTATIVE ANTONIO “TONYPET” T. ALBANO

AN ACT
TO EXCLUDE 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 REPUBLIC ACT NO. 9165
OTHERWISE KNOWN AS THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 1972 AS AMENDED

Be it enacted by the Senate and the 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.

Section 2. Exclusion of Medical Cannabis. - Section 3 (j) of Article I
of Republic Act 9165 (RA 9165) is hereby amended to read as follows:

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


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1s
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shall mean:

(a) xox

(b) x700x

(c) xxacx

(a) xox

(e} 20x

() 2300

(g) sax

(h) x20xx

(i) x00xx

(j) Dangerous Drugs. — Include those listed in the Schedules
annexed to the 1961Single 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 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


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RESEARCH PARTICULARLY FOR THE PRODUCTION OF NEW
MEDICINES, DRUGS OR DRUG FORMULATIO) BY DULY
AUTHORIZED GOVERNMENT AND PRIVATE ENTITIES,
SHALL BE EXCLUDED FROM THE LIST OF SUBSTANCES
HEREIN CLASSIFIED AS DANGEROUS DRUGS.”

Section 3. 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 of its effectivity.

Section 4. Separability Clause. ~ If any provision or portion of
this Act is declared invalid or unconstitutional, the remainder of this

Act shall remain valid, in force and in effect.

Section 5. Effectivity. — This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in any two (2)

newspapers of general circulation.

Approved,