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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 279

Introduced by: REPRESENTATIVE ANTONIO T. ALBANO

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 HIH-AIDS and palliative care in end-
stage cancer treatment. Potential medical effects based on clinical trials 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 use in the US, having been
recommended by thousands of licensed physicians and more than 500,000 patients in 26
‘state 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 the 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, through 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

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 Intemational Agency for Research of 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 P36,000.00 to P180,000.00 for standard 6 cycles of chemotherapy.


While Phil Health 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
effect of such treatment. It is the intention of this bill to have 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 medicinal 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 the
people at affordable cost.”

The use of cannabis for medical purposes is provided for by both existing
intemational 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 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 marijuana when it 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 social 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 recognition of the merits of this bill particularly in expanding the spectrum of
altemative treatments for various life threatening illnesses and conditions that prejudice the
quality of life, the 17" Congress approved this bill on Third Reading and transmitted it for
the consideration of the Senate.

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

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

EIGHTEENTH CONGRESS
First Regular Session

279
HOUSE BILL NO.

Introduced by: REPRESENTATIVE ANTONIO T. ALBANO

AN ACT
PROVIDING RIGHT OF ACCESS TO MEDICAL CANNABIS AS A
COMPASSIONATE ALTERNATIVE MEANS OF MEDICAL TREATMENT,
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 Medical
Cannabis Compassionate 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 @ 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 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 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 as 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;

d) Compassionate 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 his/her condition;

e) 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

2


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
tegarding 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;

9) Medical Cannabis Compassionate Center (MCCC) refers to an entity duly
registered and licensed by the Department of Health (DOH) and Philippine Drug
Enforcement Agency (PDEA) 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.

c) 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;
») 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 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 specifically 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 (f) 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 shall 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

©) 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 of
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.

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
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;

d) 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 and unauthorized entrance, including proposed
locations, and security devices;

9) 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 shall 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.

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 R.A. 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 MCC'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 goverment
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
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 FDA.

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

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. Fail or refuse to submit the clinical study report referred to under
‘Section 6 of this Act.

©) Aregistered MCC 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.

d) Any physician who prescribes medical cannabis to any person or patient
without the license required in section 6 of this Act.

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e) 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, intemet 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 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 either 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 Act;

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;

cb


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 MCCC, 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 Traditional and 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.

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; wamings 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;

©) Nature of debilitating medical conditions of the qualified patients;

d) Number of registry identification cards revoked for misconduct;

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) 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
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,

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