' wh TIME 3:11 pm
Republic of the Philippines BY 7
HOUSE OF REPRESENTATIVES eut
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _7817

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT
PROVIDING COMPASSIONATE AND RIGHT OF ACCESS TO MEDICAL
CANNABIS, EXPANDING RESEARCH INTO ITS MEDICAL PROPERTIES
AND FOR OTHER PURPOSES

Explanatory Note

The recorded use of cannabis as medicine goes back to about 2,500 —
10,000 years ago in traditional Chinese and Indian medicine. Recent studies
show that cannabis has established effects on control of epileptic seizures, pain
management in multiple sclerosis and arthritis, treatment of symptoms
associated with HIV - AIDS and palliative care in end-stage cancer treatment.
Potential medical effects based on clinical trials include prevention of cancer
from spreading, management of anxiety, slows progression of Alzheimer’s
disease and control of muscle spasms and tremors. Cannabis use in children
with epilepsy and seizure disorders have been shown to be effective without the
deleterious side effects of anti-epileptic medications.

Cannabis has many currently accepted medical uses in the US, having
been recommended by thousands of licensed physicians and more than
500,000 patients in 26 states including the District of Columbia with medical
marijuana laws. At the federal level, a bipartisan bill known as the CARERS Act
has been introduced in both Houses legalizing the use of cannabis. Israel,
Canada, the Netherlands and Czech Republic have enacted medical cannabis
laws that remove criminal sanctions for the medical use of cannabis, define
eligibility for such use, and allow some means of access, in most cases, though
a dispensary. Other states in the European Union, such as Finland, Portugal,
Spain and Luxembourg, in recognition of the medical value of cannabis, have
developed various forms of de facto decriminalization, where possession and
use of cannabis, rarely lead to criminal prosecution.

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In the Philippines, thousands of patients suffering from serious and
debilitating diseases will benefit from legalizing the medical use of cannabis.
According to the 2012 Report of the International Agency for Research on
Cancer (IARC), there were 98,200 new, diagnosed cancer cases in a year in the
country while 59,000 are dying of cancer annually. Cancer treatment in the
country is prohibitive. Depending on the type of cancer, cost of treatment ranges
from P36,000 to P180,000 for standard 6 cycles of chemotherapy. While
Philhealth helps cover some cases of Cancer in Z case rate, patients who are
not eligible still have out of pocket expenses for chemotherapy treatments.

While many patients may still opt for conventional and orthodox
treatment, the intention of this bill is to invoke the right of the patient to choose
treatment and the duty of the physician to honor the patient’s decision as well
as to inform the patient of the side effects of such treatment. It is the intention
of this bill to have a harmonious partnership between the physician and a
patient where no one is above the other. Its objective is for the patient to have
access to safe, affordable, available medical cannabis prescribed by a registered
physician in cases where cannabis has been found to be effective in prevention,
treatment and management of specified symptoms, illnesses and diseases. This
is in line with Section 11 of the Philippine Constitution which states that it is
“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 people at affordable cost.”

The use of cannabis for medical purposes is provided for by both existing
international and national law. The Single Convention on Narcotic Drugs, 1961
as amended by the 1972 Protocol provides in its Preamble: “Recognizing that
the medical use of narcotic drugs continues to be indispensable for the relief of
pain and suffering and that adequate provisions must be made to ensure the
availability of narcotic drugs for such purposes.” It further provides in Article 4
that “subject to the provisions of this Convention, to limit exclusively to medical
and scientific purpose of the production, manufacture, export, import,
distribution, trade in use and possession of drugs.” On the other hand, The
Dangerous Drugs Act of 2002” recognized the medical use of drugs classified as
dangerous drugs including marihuana when it is said in Section 2: “The
government shall, however aim to achieve a balance in the national drug control
program so that people with legitimate medical needs are not prevented from
being treated with adequate amounts of appropriate medications, which include

the use of dangerous drugs.”

This Act should not be deemed in any manner to advocate, authorize,
promote, or legally or socially accept the use of cannabis or marijuana for any
non-medical use. For this reason, it provides for control measures and
regulation on the medical use of cannabis to ensure patient’s safety and for
effective and efficient implementation of this Act.



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

Representative G! MACAPAGAL ARROYO
2nd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. _7817

Introduced by Representative GLORIA MACAPAGAL-ARROYO

AN ACT PROVIDING COMPASSIONATE AND RIGHT OF ACCESS TO
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. Short Title. -This Act shall be known as the "Philippine Compassionate
Medical Cannabis Act".

SEC. 2. Declaration of Policy. - 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 adequate 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 alternative health care and its integration into the national
health care delivery system. It also provides that the State shall seek alegally 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



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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 in consultation with the Food and Drug Administration.

SEC. 3. Definition of Terms. -As used in this Act:

a) Bona -fide relationship 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 condition, including an appropriate
diagnostic and personal physical examination sufficient to determine that the patient is
suffering from a debilitating medical condition;

b) Cannabis refers to every kind, class, genus, specie of the plant Cannabis,
hashish, bhang, guaza, churrus, ganjab, 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 s a reefer, resin, extract, tincture or in any form whatsoever;

©) Closed Locked Facility 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;

4) Compassionate refers to an act of showing compassion and sympathy to
@ person suffering from a debilitating medical condition with a desire to treat or
alleviate his/her condition;

¢) Debilitating medical condition 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 (HIV) or acquired immune deficiency syndrome (AIDS); (7) Post-traumatic stress
disorder; (8) Rheumatoid arthritis or similar chronic autoimmune inflammatory disorders;
(9) Diseases requiring admission into hospice care; and (10) Any other debilitating medical
condition that is subsequently identified by the Department of Health through the
Medical Cannabis Advisory Committee established under this Act;

f) Medical Cannabis 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)
certified by the PDEA licensed and DOH registered physician to qualified patients. In no
instance shall cannabis be used in its raw form;


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g) Medical Cannabis Compassionate Center (MCCC) refers to an entity duly
registered and licensed by the Department of Health (DOH) and Philippine Drug
Enforcement Agency (POEA) to acquire, possess, deliver, transfer, transport,
cultivate, manufacture, store, import, sell, supply and dispense medical cannabis;

h) Medical use refers to the use of medical cannabis to treat or alleviate
a registered qualified patient's debilitating medical condition or symptoms associated
with his debilitating medical condition, and shall include its acquisition, possession,

transportation, delivery, dispensation, administration, cultivation, or manufacturing for
medical purposes; and.

i) Written Certification refers to a document dated and signed by a registered
qualified medical cannabis physician certifying 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. Role of Agencies. - The following agencies shall perform the following roles and
responsibilities:

a) Department of Health (DOH). - 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, physicians, 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 and Drug Administration (FDA). - 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.

©) Dangerous Drugs Board (DDB) and Philippine Drug Enforcement Agency (PDEA). -
‘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 Medical Cannabis Compassionate
Centers (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. Advisory Committee on Medical Use of Cannabis. - 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 Dangerous Drugs Board
(DDB), the Directors-General of the FDA and the 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 in 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 from a nationally recognized organization of patients with
debilitating medical conditions. The non-ex officio members shall nominate a Vice-
Chairperson from among themselves, and shall receive an honoraria in accordance
with existing laws, rules and regulations.

The Medical Cannabis Advisory Committee 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. Qualified Medical Cannabis Physician. -To be considered competent to certify a
patient's medical need to use cannabis for treatment and issue a corresponding
written certification to that effect, a physician must register with the DOH and possess
the following qualifications:

a) Has an established bona fide 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 ci
degree of consanguinity or affinity.

‘The qualified medical cannabis physician shall maintain a record of all his issued
written certifications. He shall be responsible for the submission of a clinical study
report to the DOH for every qualified patient which he certified or prescribed the use of
medical cannabis specificaliy describing the quantity administered/use,
therapeutic/desired effect and any adverse reaction, at the end of each year.

The written certification issued by the qualified medical cannabis physician shall
be valid for one (1) 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 conduct of appropriate diagnostic and physical examinations to completely assess
the medical condition of the qualified patient.


For this purpose, the DOH shall develop a standard form of written certification
which shall be made available to qualified medical cannabis physicians. The written
certification shall include the following details: (a) name, 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 qualified 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 () name, address, telephone number, handwritten signature and
PRC, DOH registration number and PDEA license numbers of the qualified medical
cannabis physician.

SEC. 7. Qualified Medical Cannabis Patient. - A qualified medical cannabis patient
means 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
physician'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 patient 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. Medical Cannabis Patient Caregiver. - 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 21 years of age and must not have been convicted of any offense
under Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act as amended.

‘The qualified caregiver shalll give consent in writing to perform the following:
a) Assist the qualified patient in the medical use of 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. Identification Cards. - 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
implementing 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 issuance and expiration, assigned unique alphanumeric
identification number and photograph of the cardholder. This registry ID card must
be presented to MCCCs prior to dispensation of medical cannabis and must be
kept in possession of the cardholder, at all times, while engaging in the use of medical
cannabis.



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The registry ID 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. Medical Cannabis Compassionate Center (MCCC).- 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 coordination with PDEA, for the
evaluation of application and licensing of a Medical Cannabis Compassionate Center
so 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 officers
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 Dangerous
Drugs Act as amended;

©) The sufficiency of the applicant's capital to operate. For this purpose,
the applicant shall satisfy the minimum capital requirement and payment of
registration fee laid down in the implementing rules and regulations;

4) The applicant's effective and efficient system of operations and
services, including its staffing 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 amended;

¢) The sufficiency of the applicant's procedure for accurate record keeping
and reporting;

f) The sufficiency of the applicant's measures for safety, security, and
prevention of diversion, theft, unauthorized 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
are free from contaminants; and

h) The applicant's assurance that all medical cannabis products being used
are organic, pesticide free, gluten free, and that no chemicals have been used
in the extraction process as certified by the Food and Drug Administration
(FDA).

Provided, That only Five (5) MCCCs nationwide shalll be initially registered
and licensed to engage in the manufacture, cultivation, importation, sale and
dispensation of medical cannabis. After one (1) year of effective implementation of
this Act, a review shall be conducted for purposes of determining the need of
increasing the number of MCCCs,



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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 (1) in Luzon; One (1) in Visayas and One (1) 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. 11. Access to Medical cannabis. - Medical cannabis shall only be accessed
through Medical Cannabis Compassionate Center 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 (1) 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, caregiver, diagnosis, medical
cannabis product and formulation, and date of dispensation. All information, entries
and records obtained are deemed confidential and protected under RA No. 10173
otherwise known as the "Data Privacy Act of 2012" 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. Electronic Verification. - The Prescription Monitoring System established by the
DOH shall be made accessible to the PDEA Compliance Service and MCCCs where
it may electronically verify and determine the validity of the registry ID card and
information whether the cardholder is a registered qualified patient or caregiver.

SEC. 13. Cultivation, Importation, Production and Distribution. - The 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 this
Act. It shall also identify specific areas allowable for the cultivation of cannabis;
Provided, That cultivation shall only be permitted in a closed 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


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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 documenting 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. Testing of Medical Cannabis. - The FDA shall test all medical cannabis prior
to its distribution, dispensation and sale to determine its potency, consistency, safe and
effective use. It shall ensure that all medical cannabis are 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 requirements of the

SEC. 15. Exemption from Civil and Criminal Liability. - 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 than 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. Prohibited Acts. - It shall be prohibited for:
a) A qualified patient to:
1, Possess or smoke cannabis;

2. Operate, navigate, or being 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 cannabis; and


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4. _ Use cannabis for purposes other than for treatment of a debilitating
medical condition.

b) A qualified medical cannabis physician to:

1. 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. Failor refuse to submit the clinical study report referred to under
Section 6 of this Act.

c) A registered MCCC to:
1. Acquire, possess, deliver, transfer, transport, supply, or dispense

medical cannabis to any person except to registered qualified patients
or through 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.

a) Any physician who prescribes medical cannabis to any person or patient

without the license required in section 6 of this Act.

¢) Any caregiver who administers medical cannabis 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, to include foreigners, that:

1. Advertise the sale of medical cannabis 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 event:

2. Violate the confidentiality of information under R.A. 10173,
otherwise known as the "Data Privacy Act of 2012";

3. Purchase of medical cannabis when not authorized to do so; and

4. Falsifies an identification card issued by the DOH or an S-3
license from the PDEA or possesses a falsified identification card and
cither attempts to use the card to obtain medical cannabis or obtains
medical cannabis. Provided, That any person using or possessing a
falsified identification card shall be presumed the author thereof.

SEC. 17. Penalty. -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 fine of Five Hundred Thousand pesos (P500,000.00) to
Ten Million pesos (P10,000,000.00) at the discretion of the Court. Likewise, the
‘same penalty shall be imposed on:

1, Caregivers in violation of section 8 of this Act; and

2. 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:

: 1. A qualified patient who commits any of the acts prohibited under
paragraphs (a) (1) and (a) (4) of Section 16 of this A

2. A qualified medical cannabis physician who commits any of the acts
prohibited under paragraph (b) (1) and (b) (3) of Section 16 of this Act;

3. A caregiver who commits the prohibited acts in paragraph (e) of Section
16 of this Act; and

4. AMCCC 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 MCC, as the case may be.

SEC. 18. Research, -The DOH shall, within 120 days from the approval of this Act,
authorize the National Institutes of Health, the research arm of the University of the
Philippines, Manila; the Health Sciences Center of the UP System; and the
Philippine Institute of Traditionaland Alternative Health Care (PITAHC), to conduct
research on the medical use of cannabis. 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 this research. Further, the aforementioned entities. may
receive grants, subject to existing policies, which shall be exclusively used for
research purposes.



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For purposes of medical research and testing, the DDB shall formulate
the regulations in naming the sources and specifying the methods in accessing
the sources of cannabis,

‘SEC. 19. Training of Medical Cannabis Physicians, Pharmacists and Caregivers. - The
DOH shall develop an appropriate training program for medical cannabis
physicians, pharmacists and caregivers which shall include the following topics: the
pharmacology of cannabis; contraindications; side effects; adverse reactions;
overdose prevention; drug interactions; dosing; routes of administration; risks and
benefits; 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 Commission on Higher Education 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 an annual report to the Office of the

President and to both Houses of Congress 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;

¢) Number of qualified physicians who issued written certifications for
qualified patients;

f) Number of registered MCCCs;

g) Assessment on the use of medical cannabis, research, and treatment of
patients with debilitating medical condition; and

h) Other pertinent information.

SEC. 21. Joint Congressional Oversight Committee. -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 Chairpersons of the Senate Committee on Health and Demography and the House
of Representatives Committee on Health.


SEC, 22. Implementing Rules and Regulations. - 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 is
implementation of this Act.

SEC. 23. Appropriations. ~The amount _ necessary to carry 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
be included in the annual General Appropriations Act.

SEC. 24. Separability Clause. - 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. Repealing Clause. - For purposes of this Act, pertinent provisions of Republic
Act No. 9165, otherwise known as the "Dangerous Drugs Act of 2002," as amended,
and all other laws, decrees, 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 Official Gazette or in a newspaper of general circulation.

Approved,