Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session
3167

HOUSE BILL NO.

Introduced by REP. ANTONIO T. ALBANO

AN ACT

TO EXCLUDE CANNABIS AND ANY FORM OR DERIVATIVE THEREOF
CULTIVATED, CULTURED,USED, SOLD, DISTRIBUTED OR DISPENSED
EXCLUSIVELY FOR MEDICINALAND 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

EXPLANATORY NOTE

The Constitution upholds health as a human right and as 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 the 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 that
allows accessibility of goods and services that can responsively address the
health needs of our people.

When traditional treatments and medicine fail to improve existing
health conditions 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 denied their rights to explore
the use of alternative treatments.

Cannabis used solely for medicinal and medical 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 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

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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.


Noaurwune

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3167
HOUSE BILL NO.

Introduced by REP. ANTONIO 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 Session 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

shall mean:

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(a) x00

(b) 2000

(c) xxx

(A) 2000c

(e) xxx

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(g) xc00c

(h) 200

(i) 200

(j) Dangerous Drugs. - Include those listed in the Schedules annexed
to the 196 1Single 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

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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.”

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,