Republic of the Philippines
HOUSE OF REPRESENTATIVHS
Quezon City, Metro Manila
NINETEHNTH CONGRESS
First Regular Session
HouseBi||No.4866
Introduced by Representative Midy N. Cua
Lone I)istrict, Quirino
':``¥  gaECENED
:B:i.EffiF#2^:
AN ACT PROVIDING COMPASSIONATE ANI) RIGHT 0F ACCFSS T0 MEDICAL
CANNABIS, EXPANDING RESEARCH INTO ITS MEDICINAL PROPERTIES AND FOR
OTHER PURPOSES
EXPLANATORY NOTE
The  1987  Philippine  Constitution  mandates  an  integrated  and  comprehensive  approach  to  health
development.  Towards this end, Congress has passed Republic Act No.  8423  or the  rrcrdJ.fz.o#cz/ cr#d
j4//er#a/!.1;e Med/.ci.;!e 4c/, which pushes for the development of traditional and alternative healthcare
and its integration into the national health care delivery system. Furthermore, Republic Act No. 9165
or the  Compre/2e#sz.ve Ddz#gerow.g D7.wgr 4cf,  ¢s crme7Ided,  recognizes  the medicinal  applications  of
regulated drugs and allows its use by patients with debilitating medical conditions.
This bill  proposes to  legalize and regulate the use of medical cannabis by patients with debilitating
medical conditions. The most common use of medical cannabis is for pain control. Patients have also
used  medical  cannabis  for  relieving  insomnia,  anxiety,  and  spasticity,  among  others.  For  patients
suffering from chronic pain and conditioiis, medical cannabis may be a viable alternative,  especially
if complications with their kidneys or digestive system prevent them from taking formulated drugs.
In 2018, Thailand legalized medical cannabis, becoming the only country in Southeast Asia to do so.
After  a  year  of legalization,  a  study  was  conducted  to  review  Thailand's  experience  in  legalizing
medical cannabis. From the data gathered, the study observed more severe adverse effects in patients
using  unregulated  and unsupervised  use  of medical  cannabis  when  compared to  individuals  under
supervised   prescriptions.   Thailand's   experience   highlights   the   importance   of  regulation   and
supervision  to  ensure  that  medical  cannabis  can  be  utilized  properly  for treatment,  care,  and  pain
management.
This   bill   was   passed   on   3rd   in   the    17!h   Congress   and   was   refiled   in   the    18th   Congress   by
Representatives Antonio T. Albano, Enrico A. Pineda, and Michael Odylon L. Romero, PhD.
In view of the foregoing, the immediate passage of this bill is eamestly sought.
Lo
Y N. CUA
District, Quirino


Republic of the Philippines
HOUSE 0F RHPRHSENTATIVHS
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House-B`i|iNo.4866
Introduced by Representative Midy N. Cua
Lone l}istrict, Quirino
AN ACT PROVIDING COMPASSIONATE AND RIGHT 0F ACCESS T0 MEDICAL
CANNABIS, EXPANDING RESEARCH INTO ITS MEDICINAL PROPERTIES AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House Of Representatives Of. the Philippines in Congress assembled:
SECTION   1.  Sfeor/  ri.//c.  -  This  Act  shall  be  known  as  the  PAj./jz?p!.#c  Co#!p¢ssi.o#afe  A4lcdz.ccz/
Cannabis Act.
SEC.   2.  Dec/arczfi.o#   a/. Po/j.c}/.  -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.
Furthermore,   in  accordance  with  Section  2   of  Republic  Act  No.   9165   or  the  Comprehensive
Dangerous  Drugs  Act  as  amended,  the  State  shall  provide  measures  to  achieve  a  balance  in  the
national  drug  control  program  so  that  patients  with  a  debilitating  medical  condition  may  receive
adcquatc  amount  of treatment  and  appropriate  medications  from  the  regulated  use  of dangerous
drugs.
Finally,  Section  2  of  Republic  Act  No.   8423  or  the  Traditional  and  Alternative  Medicine  Act
(TAMA) 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 altemative
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.
Toward this  end,  the  State  shall  legalize  and regulate  the  medical  use  of cannabis which has been
confirmed  to  have  beneficial  and  therapeutic  uses  to  a  debilitating  medical  condition.  This  will
complement conventional health care and will be the medicine of last resort as certified by registered
qualified  medical  cannabis  physicians  to  qualified patients  if and  when  standard medical treatment
options  are  deemed  ineffective  based  on  indications  and  criteria  determined by the  Department  of
Health (DOH) in consultation with the Food and Drug Administration (FDA).
SEC. 3. Dc¢#j.Jz.o# a/re;'777s. -As used in the Act:


(a)  Bo7?¢ /cJe  re/ofi.oilLTAip  refers  to  a  continuing  physician  and  patient  relationship  wherein  a
registered  physician  has  made  a  complete  assessment  of the  patient's  medical  history  and
current   medical   conditioii,   including   an   appropriate   diagnostic   and   personal   physical
examination  sufficient to  determine that the patient  is  suffering from a debilitating medical
condition;
(b)  Ca##czbj's  refers  to  every  kind,  class,  genus,  specie  of the  plant  Ccz#7!¢bis,  /IasAI.s/®,  b/i¢77g,
gw¢zcJ,  cAwrrw£, g¢J!/.ab,  and embraces every kind, class and character of marijuana, whether
dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever;
(c)   C/ased Locked F¢c!./I.fy  refers  to  a  closet,  room  or  other  comparable,  stationary,  and  fully
enclosed area equipped with secured locks or other functioning security devices that  permit
access   only   to   authorized   personnel   of  the   Medical   Cannabis   Compassionate   Center
cultivation site and dispensary, or an outdoor area with an enclosed perimeter by chain-link
fencing,  wooden  slats,  or a  similar material  that prevents  access  by the general public  and
fully  equipped  with  functioning  security  devices  that  permit  access  only  to  authorized
personnel of the Medical Cannabis Compassionate Center cultivation site and dispensary;
(d)  Compcz.ss;.o#¢fe refers  to an act of showing compassion  and sympathy to  a person suffering
from a debilitating medical condition with a desire to treat or alleviate histher conditiol];
(e)  Debz./I./a/j.J7g  medl.ccz/  co#d!./I.oJ!   refers   to   any  disease  that  produces  one  or  more   of  the
following:  cachexia or wasting  syndrome;  severe  and chronic pain;  severe nausea;  seizures,
or   severe   and   persistent   muscle   spasms.   Debilitating   medical   conditions   include   the
following  diseases:  (1)  Cancer;  (2)  Glaucoma;  (3)  Multiple  sclerosis;  (4)  Damage  to  the
nervous  system  of  the  spinal  cord,  with  objective  neurological  indication  of  intractable
spasticity;  (5)  Epilepsy;  (6)  Positive  status  for  human  immunodeficiency  virus  (H,[V)  or
acquired   immune   deficiency   syndrome   (AIDS);   (7)   Post-traumatic   stress   disorder;   (8)
Rheumatoid  arthritis  or  similar  chronic  autoimmune  inflammatory  disorders;  (9)  Diseases
requiring admission ilito hospice care; and (10) Any other debilitating medical conditi()n that
is   subsequently   identified  by  the  Department  of  Health  through   the   Medical   Cannabis
Advisory Committee established under this Act;
(f)   Afedz.ca/    C¢JI#abj.£    refers    to    cannabis    products    such    as    capsules    and    oil    in    their
pharmaceutical  formulation,  which  shall  have  detailed  and  accurate  information  regarding
the  concentration  of tetrahydrocannabinol  (THC)  and  cannabidiol  (CBD)  certifled  by  the
Philippine  Drug  Enforcement  Agency  (PDEA)-licensed  and  DOH-registered  physician  to
qualifled patients. In no instance shall cannabis be used in its raw fonn;
(g)  A4ledz.ctr/  Ca7.#abi.Lq  C(jmp¢ssi.o#cr/e  Ce#/er  /"CCC/  refers  to  an  entity  duly  registered  and
licensed  by  the  DOH  and  PDEA  to  acquire,  possess,  deliver,  transfer,  transport,  cultivate,
manufacture, store, import, sell, supply and dispense medical caiinabis;
(h)  Medl.c¢/ w.5e refers to the use  of medical carmabis to treat or alleviate a registered qualifled
patient.s debilitating medical condition or symptoms associated with his debilitating lTledical
condition, and shall include its acquisition, possession, transportation, delivery, dispensation,
administration, cultivation, or manufacturing for medical purposes; and
(i)    WrrJ./fc/i Cerji#cc7/!.o# refers to a document dated and signed by a registered qualified medical
cannabis physician certifyiiig  that the  qualifying patient has  any of the debilitating medical
condition  under  Section  3   (e)  and  recommends  the  use  of medical  cannabis  to  treat  or
alleviate the latter's condition. Provided, That a written certification shall be made only in the
course of a bona fide physician -patient relationship.


SEC.   4.   j2o/e   o/ 4genci.es  -   The   following   agencies   shall   perform   the   following   roles   and
responsibilities:
(a)  Dapczr/me#/ a/fJe&/f¢. - The DOH shall be the principal regulatory agency in the access and
use  of medical  cannabis.  It shall  register and issue  licenses  to  qualified entities  engaged in
activities related to the use of medical cannabis, establish a Prescription Monitoring System,
and  maintain  an  electronic  database  of  registered  medical  cannabis  patients,  I)hysicians,
caregivers, and other qualified entities for monitoring and regulation purposes.
The  Secretary  of the  DOH,  herein  referred  to  as  the  Secretary,  shall  take  the  lead  in  the
formulation of rules and regulations to implement this Act.
(b)  Food  o#d  D;.wg  4dmj`m.s/rcr/J.o#.  -  The  FDA  shall  be  the  regulatory  agency   tasked  to
undertake  testing  of medical  cannabis  products  to  determine  its  potency,  consistency,  safe
and effective use, as well as compliance with packaging and labelling safety requirements. It
shall  ensure that all medical  cannabis products are organic, pesticide free,  gluten  free,  safe,
effective, and tested prior to distribution, dispensation, and sale.
(c)  Dangerous Drugs Board (DDB) and Philippine Drug Enfoi.cement Agency. -The DDB and
PDEA  shall  have  a  key  role  in  monitoring  and  regulating  the  importation,  cultivation,
manufacture,  storage,  distribution,  prescription,  dispensation,  and  sale  of medical  cannabis
by  registered  MCCCs.  It  shall  establish  and  maintain  an  information  system,  especially  to
track cannabis growth from seed to sale for monitoring and regulation purposes.
SEC. 5. Advj.s'ory Com#i!.f/ee o# A4cdj.c¢/ I/Se a/Ccr;i#abj.s. -There is hereby established in the DOH
an  Advisory  Committee  on  the  medical  use  of cannabis,  hereinafter  referred  to  as  the  Medical
Cannabis   Advisory   Committee,   which   shall   assist   and  provide   directions   in   the   formulation,
implementation and assessment of the policies, guidelines and regulations covered under this Act.
The   Secretary  of  the  DOH  shall  serve  as  the  chairperson  of  the  Medical   Cannabis   Advisory
Committee.  The Chairman of the DDB,  the Director-General  of the FDA, and the Director-General
of PDEA  or their respective  representatives  shall  be  permanent members  of the  Medical  Cannabis
Advisory Committee.
The  Secretary  shall  appoint the other members  of the  Medical  Cannabis Advisory Committee  who
shall serve for a term of three (3) years. It shall comprise of three (3) health care practitioners, two (2)
experts jn the regulation of controlled substances for medical use, who must be citizens and residents
of  the  Philippines,  of  good  moral  character,  of  recognized  probity  and  independence  and  must
distinguish themselves professionally in public, civic, or academic service and must have been in the
practice of their professions for at least ten (10) years; and two (2) representatives fi.om a nationally
recognized organization of patients with debilitating medical conditions. The non-ex offlcio members
shall  nominate  a  Vice-Chaixperson  from  among  themselves  and  shall  receive  an  honorarium  in
accordance with existing laws, rules, and regulations.
The Medical Cannabis Advisory Cominittee shall meet once a month or as often as necessary at the
discretion of the Chairman. The presence of six (6) members shall constitute a quorum.
SEC.  6.  gwa/JJ}cd „edj.c¢/  Ccz##c!bj.s PkyLsj.ci.¢#.  - To be  considered competelit to  certify a patient's
medical  need  to  use  cannabis  for  treatment  and  issue  a  corresponding  written  certiflcation  to  that
effect, a physician must registei. with the DOH and possess the following qualifications:
(a)   Has an established bona tide relationship with the patient;
(b)  Is licensed by the PDEA to prescribe dangerous drugs; and


(c)  Has  the  professional  qualification,  credential,  training,  and  experience  to  treat  any  of the
debilitating medical conditions enumerated under Section 3 (e) of this Act.
Provided,  That  a qualified  medical  cannabis  physician may not  issue  a written certification  for his
own  use,  immediate  family  or relatives  within the  fourth  civil  degree  of consanguinity  or affinity.
The   qualified   medical   carmabis   physician   shall   maintain   a   record   of  all   his   issued   written
certiflcations.  He  shall be  responsible  for the  submission  of a clinical  study report to  the  DOH  for
every  qua]ified  patient,  which  he  certified  or  prescribed  the  use  of medical  cannabis,  specifically
describing the quantity administered/used, therapeutic/desired effect, and any adverse reaction, at the
end of each year.
The written certification issued by the qualifled medical cannabis physician shall be valid for one (I)
year from the date of issuance unless in his professional opinion, the qualified patient would benefit
from  medical  cannabis  only  until  a  specified  date  so  stated  in  the  written  certification;  or  sooner
revoked  by  reason  of misuse  or  diversion  of the  written  certification;  or  failure  to  abide  by  the
prescribed  dosage  and  form;  or the  qualified  patient  no  longer  suffers  from  a  debilitating  medical
condition  or has not received  therapeutic  or palliative benefit from the use of medical  cannabis;  or
when the qualified patient has died. The written certification may be renewed for another year subject
to the con(luct of appropriate diagnostic and phy`sieal examinations to completely assess the medical
condition of the qualified patient.
For this purpose, the DOH shall develop a standard fom of written certification which shall be made
available   to   qualified   medical   cannabis   physicians.   The   written   certification   shall   include   the
following details: (a) i`ame, date of birth, and address of the qualified patient; (b) a statement that the
qualified patient has any of the debilitating medical condition provided in Section 3  (e) and that the
qualifled patient is under the qualified medical cannabis physician's care for the debilitating medical
condition; (c) recommended form and dosage of medical cannabis; (d) an attestation that the qualified
physician is  actively registered with the DOH;  (e) issue and expiry date of the certification;  and (I)
name,  address,  telephone  number,  handwritten  signature,  and  PRC,  DOH  registration,  and  PDEA
license numbers of the qualified medical cannabis physician.
SEC.  7.  gwci/!.¢ed A4edi.ca/ C¢7!#tzb!.a Pc7/I.c;®/. -A qualified medical  cannabis I)atient ineans a person
who has been diagnosed by a certifying qualified physician as having a debilitating medical condition
as  defined  in  Section  3  (e)  and  who,  in  the  qualified  physicjan's  professional  evaluation,  should
receive therapeutic or palliative benefits from the medical use of cannabis.
If  the  qualified  patient  is  below  eighteen   (18)   years   of  age   or  above   18   but  is   incapable   or
incapacitated to fully give his consent, the certifying qualified physician is mandated to explain to the
patient as well as to the custodial parent or legal guardian, who has the responsibility to make health
care decisions on behalf of the qualified patieiit, the potential risks and benefits of medical cannabis.
The custodial parent or legal guardian shall signify, in writing, their consent to allowing the qualified
patient's medical use of cannabis.
SEC.  8. Me6J!.ca/ Ca/IHabz.s P¢/I.c/!/ Cczrcgi.vcr. -The qualified patient's caregiver shall be a registered
nurse duly licensed by the PDEA to administer medical cannabis and has registered with the DOH to
engage in the use of medical cannabis. He/she must be at least twenty-one (21) years of age and must
not   have   been   convicted   of  any   ofi`ense  under   Republic   Act   No.   9165   ()r  the   Comprc/cc#`gz.vc
Dangeroiis Drugs Act, as amended.
The qualified caregiver shall give consent in writing to perform the following:
(a)  Assist the qualified patient in the medical use Qf cannabis;
(b)  Not divert the medical cannabis in one's possession to any person other than the patient; and


(c)   Assist only one (1) cannabis patient at a time.
SEC.  9.  /de#fi/iccz/I.o#  Ccrrds.  - The  DOH  shall  issue  registry  identification  (ID)  cards  to  qualified
medical cannabis patients and caregivers upon compliance with DOH documentary requirements and
the provisions of this Act as well as the impleinenting rules and regulations.
The  registry  ID  card  shall  contain  the  following:  name  of the  cardholder,  designation  whether  the
cardholder  is  the  qualified  patient  or  caregiver,  date  of issuance  and  expiration,  assigned  unique
alphanumeric identification number and photograph of the cardholdcr. This registry ID card must be
presented to MCCCs prior to dispensation of inedical cannabis and must be kept in possession of the
cardholder, at all times, while engaging in the use of medical cannabis.
The  registry  lD  card  shall be valid for one  (1) year from  the  date  of issuance,  or an earlier date  as
stated in the written certification, and renewable upon submission of the requirements set forth in the
implementing rules and regulations.
SEC.10. Medi.ccz/ Ca;I/?¢bj.s Compczssj.o7i¢/e Ce;./er. -An entity shall operate as a Medical Cannabis
Compassionate  Center  after  registration  and  obtaining  licenses  from  the  DOH  and  PDEA.  The
Secretary shall establish a system, in coordiliation with PDEA, for the evaluation of application and
licelising of a Medical Cannabis Compassionate Center based on the following criteria:
(a)  The  suitability  of the  applicant's  proposed  location,  including  compliance  with  any  local
zoning laws and geographic convenience to patients;
(b)  The   qualification,   character,   and   relevant   experience   of  principal   offlcers   and   board
members,     including    any    training    or    professional    licensing    related    to    medicine,
pharmaceuticals,  natural  treatments,  botany,  or  cannabis  cultivation  and  preparation;  and
their experiences in running a health or medical center. Provided, That no principal officer or
board member must have been convicted of any offense under Republic Act No.  9165 or the
Comprehensive Dangei.ous Drugs Act, as amended..
(c)  The  sufficiency  of the  applicant's  capital  to  operate.  For  this  purpose,  the  applicant  shall
satisfy  the  minimum  capital  requirement  and  payrment  ot` registration  fee  laid  down  in  the
implcmenting rules and regulations;
(d)  The  applicant's  effective  and  efflcient  system  of  operations  and  services,  including  its
stafflng  and  training  plans,  and  its  ability to  provide  an  adequate  and  affordable  supply  of
medical cannabis to registered patients;  Provided, That no employee or staff must have been
convicted  of any  offense  under  Republic  Act  No.  9165  or  the  Comprehensive  Dangerous
Drugs Act as ainended;
(e)  The sufficiency of the applicant's procedure for accurate record keeping and reporting;
(f)   The sufficiency of the applicant's measures for safety, security, prevention of diversion, theft,
and unauthoriz,ed entrance, including proposed locations and security devices;
(g)  The applicant's procedure for safe and accurate packaging and labelling of medical cannabis,
including measures to ensure that all medical cannabis is free from contaminants; and
(h)  The applicant's assurance that all medical cannabis products being used are organic, pesticide
frcc, gluten free, and that no chemicals have been used in the extraction process as certified
by the FDA.
Provided, That only Five (5) MCCCs nationwide shall bc initially registered and licensed to engage
in the manufacture, cultivation, importation, sale, and dispensation of medical cannabis.  After one (I )


year of effective implementation of this Act, a review shall be conducted for purposes of determining
the need of increasing the number of MCCCs.
To ensure that MCCCs are geographically distributed and accessible to qualified patients, the five (5)
MCCCs shall  be distributed as follows:  Two  (2) in the National Capital Region;  One (I) in Luzon;
One (1) in Visayas and One (I) in Mindanao. The registration and license of MCCC shall be renewed
annually.
Provided   further,   That   only   medical   cannabis   products   actually   imported,   grown,   cultivated,
manufactured, packed,  and labelled by an MCCC may be dispensed and sold in its own dispensary
facility.
SEC.  I I.  +4ccas  /a "cd!.co/  Co##¢bz.s.  - Medical  cannabis  shall  only  be  accessed through  MCCC
dispensaries.  An MCCC shall guarantee the appropriate dispensation of medical cannabis through a
pharmacist with  an  S3  license  issued  by the  PDEA  and  shall  not release  more  than the  prescribed
dosage  for  one  (I)  month  to  a  qualified  patient  or  caregiver.  The  MCCC  shall  comply  with  this
limitation  by  encoding  or  entering  all  dispensed  medical  cannabis  in  the  Prescription  Monitoring
System,   which   shall   be   established   and   maintained   by   the   DOH.   Said   system   shall   include
information  such  as  name;  address;  ID  number of the  physician,  patient,  and  caregiver;  diagnosis;
medical  cannabis  product  and  formulation;  and  date  of dispensation.  All  information,  entries  and
records obtained are  deemed confidential  and protected under R.A. No.  10173  otherwise known as
the Do/a Pr!'v¢c); 4c/ a/20J2 and shall not be combined or linked in any manner with any other list
or database and shall not be disclosed to any individual, public or private entity, except as provided
under this Act.
Provided, That prior to dispensation, the qualified patient or his qualified caregiver must be able to
present the  qualified physician's  written  certification  and  valid  registry  ID  card as  specified  under
Sections 6 and 9 of this Act.
The DOH and PDEA shall  have access  to  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 this Act or its rules and regulations issued pursuant thereto.
SEC.12.  E/ec/ro#!.c  yer]/;cfl/I.o#.  -The  Prescription  Monitoring  System  established  by  the  DOH
shall be made accessible to the PDEA Compliance Serv-ice and MCCCs, where it may electronically
verify and determine the validity of the registry ID card and information whether the cardholdcr is a
registered qualified patient or caregiver.
SEC.   13.   Cw/fz.vafz.o#,   /mpo/.fcz/i.o#,   Prodwc/;.o#  a#d  Dz.sf/.I.bw/I.o#.  -The  DDB   shall   assist  in  the
formiilation   of  guidelines,   in   coordination   with   other   government   agencies,   with   respect   to
cultivation, importation, production, and distribution of medical caimabis, which shall be included in
the Tmplementing Rules and Regulations of this Act.  It shall also identify specific areas allowable for
the  cultivation  of cannabis.  Provided,  That  cultivation  shall  only  be  permitted  in  a  clo`sed  locked
facility and that cultivation shall not be located within one (1 ) kilometer of the property line of a pre-
existing public or private school, college or university, day care center, child care facility, or an area
zoned for residential use.
The PDEA shall issue appropriate license and permit for the cultivation, importation, production, and
distribution  of medical  cannabis  subject  to  DDB  guidelines.  It  shall  also  adopt  measures  that  will
ensure  the  prevention  of misuse  and  illicit traffic  of the  cannabis  plant  such  as  establishment  of a
cannabis plant monitoring system. The Cannabis Plant Monitoring System is a system for testing and
data collection  established and maintained by the cultivation facility and available for inspection of
regulatory  agencies  for  purposes  of  documcnting  each  cannabis  plant  and  for  monitoring  plant
development throughout the life cycle from seed planting to final packaging.


To  ensure  compliance  with  the  provisions  of this  Act,  the  PDEA  may  at  all  times  enter  every
building, room, enclosure, or premises occupied or used for the cultivation, production, preparation,
manufacture  for  sale,  storage,  sale  of medical  cannabis,  to  inspect  the  premises  and  all  utensils,
fixtures, furniture, and machinery used for the preparation of thereof.
SEC.14.   res/j.;!g  a/Med!.ccr/  Ccz##czbz'£.  -The  FDA  shall  test  all  medical  carmabis  prior  to  its
distribution, dispensation, and sale to determine its potency, consistency, safety, and effective use. It
shall ensure that all medical cannabis is organic, pesticide free, gluten free, and safe for use.
It shall ensure that all medical cannabis are individually wrapped at the original point of preparation
and conform to existing packaging and labelling requireinents of the FDA.
SEC.15.  Ejrempfj.o# /inn  Cj.v;./ #ild Crl.m!.i!tz/ £f.c[bj./r.ty.  -The  following  shall be  exempt  from civil
and criminal liability:
(a)  The   certifying   qualified  physician   for  issuing  written   certifications   stating  that   in  the
physician's  professional  opinion,  a  patient  is  qualified  to  receive  therapeutic  or  palliative
benefit from the medical use of cannabis to treat or alleviate the patient's debilitating medical
condition  or  symptoms:  Provided,  That  the  physician  must  have  established  a  bona  fide
relationship  with  the  patient  and  conducted  a  thorough  clinical  analysis  of the  patient's
medical conditions;
(b)  A  qualified  patient  for  using  medical  cannabis  in  the  prescribed  dosage  and  form  for
treatment  of his  debilitating  medical  condition  as  determined  and  certified  by  a  bona  fide
recommending qualified physician;
(c)  A registered cannabis caregiver for assisting a registered qualified patient and for possessing
not more tlian the exact prescribed dosage of cannabis needed by the qualifying patient; and
(d)  A   duly   licensed   MCCC   and   its  personnel   authorized  to   dispense  medical   cannabis   as
provided under Section  11  of this Act.
SEC.16. Pro%[.bz./edAc/.7. -It shall be prohibited for:
(a)  A qualified patient to:
1.    Possess or smoke cannabis;
2.    Operate,  navigate,  or be in actual physical control of any motor vehicle,  aircraft,  or
motorboat while under the influence of cannabis;
3.    Undertake under the influence of cannabis, tasks that would require the use of body
or motor functions impaired by the use of caunabis; and
4.    Use   cannabis   for   purposes   other  than   for   treatment   of  a   debilitating   medical
condition.
(b)  A qualified medical cannabis physician to:
I.    Certify and prescribe medical  cannabis to  any person who is not a qualified patient
under this Act;
2.    Prescribe medical cannabis to any qualified patient without establishing a bona fide
relationship with said patient,


3.    Prescribe  the  use  of medical  cannabis  for  purposes  other  than  for  treatment  of a
debilitating medical condition;
4.    Refer patients  or caregivers to  a MCCC  on  which he  or she holds  any financial  or
personal interest; and
5.    Fail  or refuse  to sublnit the  clinical  study report referred to under Section 6 of this
Act.
(c)  A registered MCCC to:
I.    Acquire, possess, deliver, transfer, transport, supply, or dispense medical cannabis to
any   person   except   to   registered   qualified   patients   or   througll   their   registered
caregivers;
2.    Cultivate,  manufacture,  store  and  import  cannabis/medical  cannabis  in violation  of
the   provisions   of  this   Act   and   guidelines   set   in   the   implementing   rules   and
regulations;
3.    Acquire  usable cannabis or mature cannabis plants  from other registered MCCC  or
illegal sources;
4.    Refer patients to an unqualified physician; and
5.    Dispensing without presentation of the qualified physician's written certification and
valid registry ID card of the qualified patient or caregiver.
(d)  Any  physician  to  prescribe  medical  cannabis  to  any  person  or  patient  without  the  license
required in section 6 of this Act.
(c)  Any  caregiver  to  administer  medical  cflnnabis  to  any  qualified  medical  cannabis  patient
without  the  required  license  from  the  PDEA  for  the  purpose,  or  who,  with  license,  but
administers medical cannabis to a person who is not a qualified medical cannabis patient.
(f)   Any person, including foreigners, to:
I.    Advertise  the  sale  of medical  carmabis  in  printed  materials,  on radio  or television,
social media,  internet, or by paid-in-person solicitation of customers. Provided, That
this  shall  not  prevent  appropriate  signs  on  the  property  of the  registered  MCCC,
listings in business directories including phone books, listings in cannabis-related or
medical publications, or the sponsorship of health or charity or advocacy events;
2.    Violate the confidentiality of information uiider R.A.10173, otherwise known as the
Data Privacy Act Of 2012.,
3.    Purchase medical cannabis when not authorized to do so; and
4.    Falsify an idcntification card jssucd by the DOH or an S3 license from the PDEA or
possess  a  falsified  identification  card  and  either  attempt  to  use  the  card  to  obtain
medical  carmabis  or  obtain  medical  cannabis.  Provided,  That  any  person  using  or
possessing a falsified identification card shall be presumed the autlior thereof.


SEC.  17. J'e#¢/fy. -Any person who violates any of the  provisions of Section  16 of this Act or its
Implementing Rules and Regulations shall, upon conviction and final judgment, be punished with a
flne  of Five  Hundred Thousand pesos  (P500,000.00)  to  Ten  Million  pesos  (Plo,000,000.00)  at the
discretion of the Court. Likewise, the same penalty shall be imposed on:
(a)  Caregivers in violation of section 8 of this Act; and
(b)  MCCCs in violation of section  10 and  11  of this Act.
Furthermore, the aforementioned penalty carries with it the suspension or revocation of professional
license or registration of the persons held as offenders hereof, and the suspension or revocation of the
license to operate of any private entity found in violation of this Act.
In addition, the penalty of life imprisonment shall be imposed on:
(a)  A qualified patient who commits any of the acts prohibited  under paragraphs (a) (I) and (a)
(4) of section 16 of this Act;
(b)  A  qualified  medical  cannabis  physician  who  commits  any  of  the  acts  prohibited  under
paragraph (b) (I) and (b) (3) of section  16 of this Act;
(c)  A caregiver who commits the prohibited acts in paragraph (e) of Section  16 of this Act; and
(d)  A  MCCC,  which  commits  the act prohibited  in  paragraph  (c)  (1)  of Section  16  of this  Act.
Provided, That the persons liable shall be the members of the board of director or executive
officers of the MCCC, as the case may bc.
SEC.18.  jzeLTecrrcA.  -The  DOH  shall,  within  120  days  from the  approval of this Act,  authorize  the
National  Institutes  of Health,  the  research  ar]n  of the  University  of the  Philippines,  Manila;  the
Health Sciences Center of the UP System; and the Philippine Institute of Traditional and Alternative
Health  Care  (PITAHC)  to  conduct  research  on  the  medical  use  {)f caunabis.  Participation  to  any
research  program  on  the  part  of  qualified  physicians,  patients,   and  caregivers   shall  be  highly
encouraged.  In  order  to  carry  out  this  function,  the  DOH  shall  provide  the  necessary  funding  to
support the conduct of tliis research. Further. the aforementioned entities may receive grants, subject
to existing policies, which shall be exclusively used for research purposes.
For purposes of medical research and testing. the DDB shall formulate the regulations in naming the
sources and specifying the methods in accessjng the sources of cannabis.
S.EC.19. Training Of Medical Cannabis Physicians, Pharmacists and Caregivers. -The DOH sha,+i
develop   an   appropriate   training   program   for   medical   cannabis   physicians,   pharmacists,   and
caregjvers,     which     shall     include     the     following     topics:     the    pharmacology     of    cannabis;
contraindications;  side  effects;  adverse  reactions;  overdose  prevention;  drug  interactions;  closing;
routes of administration; risks and
bcncflts;  warnings  and precautions;  abuse and dependence;  and other related topics.  Completion of
the program shall be a precondition in the approval of registration with DOH and renewal of license
to prescribe, dispense, and administer medical cannabis to qualified patients.
The  DOH  shall  coordinate  with  the  Coinmission  on  Higher  Education  (CHED)  to  integrate  the
aforementioned   topics   on  medical   cannabis   in  the   medical   curriculum  of  all  medical   schools,
colleges, and universities.
SEC.  20.  Reports.  -  The  DOH  shall  submit  to  the  Office  of the  President  and  to  both  Houses  of
Congress an annual report, which shall include the following information:


(a)  Number of applications and renewals filed for registry identification cards;
(b)  Number of registered qualified patients at the time of report;
(c)  Nature of debilitating medical conditions of the qualified patients;
(d)  Number of registry identification cards revoked for misconduct;
(e)  Number of qualified physicians who issued wi.ittcn certifications for qualified patients;
(I)   Number of registered MCCCs;
(g)  Assessment  on   the   use   of  medical   cannabis,   research,   and  treatment   of  pat.ients  with
debilitating medical condition; and
(h)  Other pertinent information.
SEC.  21. /oj.#/ Co77grcLfsz.o#¢/ Oti€rs;.gAf Com#I!.J/ee. -There is hereby created a Joint Congressional
Oversight Committee to conduct a regular review of the implementation of this Act.
The  Joint  Congressional  Oversight  Committee  shall  be  composed  of five  (5)  Members  from  the
Senate  and  five  (5)  Members  from  the  House  of Representatives  to  be  appointed  by  the  Senate
President  and  the  Speaker  of the  House  of Representatives,  respectively.  The  Joint  Congressional
Oversight Committee shall be jointly chaired by the Chaiipcrsons of the Senate Committee on Health
and
Demography and the House of Representatives Committee on Health.
SEC.  22. /#Ip/eme#f;.7]g Rw/cs ci#d J?cgw/¢fz.oj7s.  -Within ninety (90) days from the effectivity of this
Act, the DOH, in consultation with the appropriate government agencies, shall promulgate rules and
regulations necessary for the effective implementation of this Act.
SEC.  23. 4pprap7.j.a/i.a;Is. -The amount necessary to cany out the implementation of this Act shall
be charged  against the  current year.s  appropriations of the  DOH.  Thereafter,  such  sums  as may be
necessary  for  the  continued  implementation  of this  Act  shall  bc  included  in  the  annual  Gcncral
Appropriations Act.
SEC.   24.   Sepczrabz./I.ty   C/¢wsc.   -  If  any  provision   or  part   of  this   Act   is   declared   invalid   or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.
SEC.  25.  Repecr/I.7ig  C/a#se.  -  For purposes  of this  Act,  pertinent  provisions  of Republic  Act  No.
9165,  otherwise  known  as  the  Ddj2gerows  D;"gr  Ac/  a/ 2002,  #s  czme#dec7,  and  all  other  laws,
decrccs, orders, rules and regulations, or parts thereof, inconsistent with any provision of this Act are
hereby repealed or modified accordingly.
SEC.  26.  Effectivity. -This Act shall take effect fifteen (15) days after its publication in the Offlcial
Gazette or in a newspaper of general circulation.
A|)proved,