Republic of the Philippines
HOUSE OF REPRESENTATIVES Ke,
Quezon City, Metro Manila ‘? RECEIVED
+ ang 20 JUN 2

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 367 _

Introduced by Representative Richard I. Gomez, DPA

EXPLANATORY NOTE

Medical studies worldwide have shown the efficacy of certain forms of cannabis, such
as tetrahydrocannabinol (THC) and cannabidiol (CBD), in alleviating certain conditions in
patients. Medical cannabis has shown positive effects on the following: (a) chronic pain due to
various diseases as arthritis, peripheral neuropathy, spinal cord injury, cancer, multiple
sclerosis, and others, (b) insomnia, (c) depression, anxiety and post-traumatic stress disorder,
(d) Alzheimer’s disease, dementia, Parkinson's diseases, and (c) other conditions such as
Crohn’s disease, glaucoma and migraine.

However, as it stands, cannabis or marijuana, is listed as a prohibited “dangerous drug”
according to Republic Act No. 9165, or the Dangerous Drugs Act of 2002. Therefore, here in
the Philippines, medical patients who could benefit from medical cannabis do not have legal
access to this treatment legally. As of 2025, the use of medical cannabis has been legalized in
50 countries, from wealthy countries such as Germany to poorer countries such as Malawi.

This bill provides legal access to medical cannabis by qualified patients, within the
confines of legal and regulatory policies. This bill mandates the establishment of the Medical
Cannabis Office (MCO) under the Department of Health, with close coordination with the
Dangerous Drugs Board. The IRR for this Act shall be formulated by DOH, in consultation
with the DDB, DA, FDA, Philippine Drug Enforcement Agency

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

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/ tcnano ad


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 367

Introduced by Representative Richard I. Gomez, DPA

AN ACT
PROVIDING RIGHT OF ACCESS TO MEDICAL CANNABIS, ESTABLISHING THE
MEDICAL CANNABIS OFFICE AND PROVIDING FUNDS THEREFOR

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 “Access to Medical
Cannabis Act”.

SEC. 2. Declaration of Policy. - Pursuant to Article XIII, Section 11 and Article Il,
Section 15 of the 1987 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

The State has long pursued intensive and unrelenting campaign against drug
trafficking while it aims to balance and harmonize this policy with the imperative to
safeguard people’s right to health. Accordingly, the prohibitions provided under Republic Act
(RA) 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, as
amended, and other related laws shall not extend to medical cannabis intended for the
treatment and medication of qualified patients with debilitating and non-debilitating medical
conditions. The State’s policy thus dictates that access to medical cannabis shall serve only
as a delimited exception to the prohibited acts involving cannabis or marijuana under RA
9165.

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


. Accredited physician refers to a licensed physician authorized by the Medical
Cannabis Office (MCO), to issue prescription on the use of medical cannabis upon a
prior and mandatory clearance from the Dangerous Drugs Board (DDB) that the
physician is not included in the dangerous drugs watch list of the agency;

Cannabis refers to every kind, class, specie or variety 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 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
cultivation site and dispensary;

|. 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 or acquired immune deficiency syndrome; (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
condition that is subsequently identified and allowed by the Department of Health
(DOH) through the MCO established under this Act;

. Medical Cannabis refers to concentrates, topicals, tinctures, edibles, cannabis
products such as capsules and oil, including hemp, flower and any other product in
their appropriate finished form, and any other derivative in their pharmaceutical
formulation which shall have detailed and accurate information regarding the
concentration of tetrahydrocannabinol (THC) and cannabidiol (CBD) certified by the
MCO to qualified patients for medical purpose;

Medical use refers to the use of medical cannabis to treat or alleviate a qualified
patient's medical condition or its symptoms and shall include its acquisition,
possession, transportation, delivery, dispensation, administration, cultivation, or
manufacturing for medical purposes;


g. Non-debilitating medical condition is that which encompasses a range of medical
issues that, although not severe or disabling, can still impact an individual's well-
being and quality of life. These conditions may include common symptoms, mild
disorders, or chronic issues that do not necessarily prevent individuals from carrying
out daily activities but can cause discomfort or distress; and

h. Qualified patient refers to a person who has been diagnosed by an accredited
physician as having a medical condition or has symptoms associated with medical
condition as defined under Sec. 3 (d) and (g), and who, in the accredited physician’s
evaluation, may receive medical cannabis as treatment.

SEC. 4. Access to Medical Cannabis. - Access to medical cannabis shall be allowed
for medical use by qualified patients, subject to the provisions of this Act.

SEC. 5. The Medical Cannabis Office. - There is hereby created the MCO, which
shall be under the direct supervision and control of the DOH. The MCO is the primary
regulatory body for medical cannabis. It shall have administrative, regulatory, and monitoring
functions.

For purposes of policy and program coordination, the DOH shall coordinate with the DDB,
the Department of Agriculture (DA) and such other agencies as may be determined by the
DOH.

The Secretary of Health shall determine the organizational structure and staffing pattern of
the MCO in accordance with the revised compensation and position classification system
subject to the evaluation and approval of the Department of Budget and Management and in
compliance with the Civil Service laws and other pertinent laws, rules and regulations.

SEC. 6. Powers and Functions of the MCO. - The MCO shall have the following
powers and functions:

a. Formulate, develop, and establish a comprehensive, integrated, and unified rules and
regulations on medical cannabis use and strategy to ensure its safety, accessibility,
affordability, and availability;

b. Promulgate rules and regulations in coordination with DDB and DA as may be
necessary to carry out the purposes of this Act, including the importation, cultivation,
manufacture and manner of safekeeping, disposition, or condemnation of any medical
cannabis, and prescribe administrative remedies or sanctions for the violations of such
rules and regulations;

c. Monitor and regulate the importation, cultivation, manufacture, storage, distribution,
prescription, dispensation, and sale of medical cannabis by authorized hospitals,
clinics, drugstores, accredited dispensaries and other related health facilities and other


related private entities. The MCO and DDB shall establish and maintain an
information system, especially to track cannabis growth from seed to sale for
monitoring and regulation purposes;

d. Issue authorizations and licenses to qualified hospitals, clinics, drugstores, and other
related health facilities where medical cannabis may be accessed by qualified patients;

e. Issue accreditation of physicians as medical cannabis professionals;

f. Issue guidelines for and authorize or accredit public and private entities which shall
venture into research and development of medical cannabis;

g. Conduct, initiate, or support policy studies, program monitoring and evaluations and
other researches on medical cannabis;

h. Prescribe and promulgate rules and regulations governing the accessibility of medical
cannabis in authorized hospitals, clinics, drugstores, accredited dispensaries and other
medical facilities;

i. Endorse and recommend to the Commission on Higher Education (CHED) the
adoption into the curriculum of universities and colleges of agriculture, medicine, and
applied sciences and technology a subject or course on medical cannabis relevant to
the academic degree taken by the students; and

j. Perform such other similar functions to ensure effective and efficient implementation
of this Act.

SEC. 7. Access, Dispensation, and Monitoring of Medical Cannabis. - The MCO
shall ensure that medical cannabis shall only be accessed through hospitals, clinics,
drugstores, and other medical facilities authorized and licensed by the MCO for the use of
qualified patients. It shall also ensure that only accredited physicians shall prescribe medical
cannabis to qualified patients with enough supply of the medicine to last not more than one
(1) year. The MCO shall ensure that appropriate dispensation of medical cannabis through an
accredited licensed pharmacist in authorized hospitals, clinics, drugstores, and other medical
facilities, and shall not release more than the prescribed dosage.

The MCO shall establish a monitoring system that includes information such as name,
address of the qualified patient and the physician, diagnosis, medical cannabis product and
formulation, and date of dispensation in strict observance of RA 10173, otherwise known as
the “Data Privacy Act of 2012”.

SEC. 8. Role of the Food and Drug Administration (FDA). - The FDA shall,
pursuant to its mandate under its Charter, ensure the safety, efficacy and quality of drugs
made available to the public. It shall ensure that such products are organic, free from


pesticides, heavy metals, and microorganisms. The FDA shall also ensure that all medical
cannabis products conform with the labelling and packaging requirements of the agency:
Provided, That if a medical cannabis product has been determined to be effective and safe
and duly registered in the country from where the medical cannabis shall be imported, such
determination may be adopted by the FDA unless there is strong evidence to the contrary.

The DOH shall ensure that the FDA performs this specific function in the most
expeditious way to ensure availability of medical cannabis to the qualified patients.

SEC. 9. Role of the Commission on Higher Education. - The CHED shall, in
consultation with the DOH, through the MCO, develop and include in the curriculum of the
colleges of agriculture, medicine, and applied sciences and technology, a subject or course on
medical cannabis relevant to the academic degree taken by students.

SEC. 10. Cultivation, Importation, Production, and Distribution. - Tae MCO with
the DDB shall issue guidelines on the cultivation, importation, production, and distribution of
medical cannabis which shall be included in the implementing rules of this Act. It shall also
identify specific areas allowable for the cultivation of medical cannabis: Provided, That the
cultivation shall only be permitted in a closed-locked facility.

SEC. 11. Research. - The MCO may, subject to the guidelines it shall promulgate,
authorize government and accredited private institutions, state colleges and universities, and
qualified physicians to conduct research on the medical use of cannabis. The DOH shall,
through the MCO, provide the necessary funding to support the conduct of government
research, The aforementioned entities may receive grants, subject to existing policies, which
shall be exclusively used for research purposes.

SEC. 12. Annual Report. - The MCO shall, through the DOH, submit an annual
report to the President of the Philippines, the Senate President, and the Speaker of the House
of Representatives.

SEC. 13. Joint Congressional Oversight Committee. - A Joint Congressional
Oversight Committee (JCOC) on Medical Cannabis is hereby created to conduct an annual
review of the implementation of this Act. It shall adopt its internal rules of procedure,
conduct hearings and receive testimonies, reports, technical advice or summon by subpoena
ad testificandum any public official, private citizen, or any other person to testify before it, or
require any person by subpoena duces tecum, to submit documents or other materials as it
may require consistent with the provisions of this Act.

The JCOC shall be assisted by a secretariat to be composed of personnel who may be
seconded from the Senate and the House of Representatives as may be determined by the
respective chairpersons of the JCOC.


The JCOC shall be jointly chaired by the Chairpersons of the Senate Committee on Health
and Demography, the Committee on Public Order and Dangerous Drugs, and the House of
Representatives Committee on Health and the Committee on Dangerous Drugs. It shall be
composed of five (5) members from the Senate and five (5) from the House of
Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives respectively. Provided, that the members from the minority bloc shall be
represented in accordance with the Rules of the Senate and the House of Representatives.

SEC. 14. Prohibited Acts. - The following acts shall be prohibited under this Act:

a. Importation, cultivation, manufacture, storage and distribution of medical cannabis,
its products, or derivative without permit from the MCO:

b. Selling of or trading with medical cannabis to patients, doctors, drugstores, hospitals,
clinics, dispensaries and other medical facilities without authority, license or
accreditation from the MCO;

c. Planting and growing for research and development without authority from the MCO;
d. Prescription and administration of medical cannabis by non-accredited physician;

e. Prescription and administration of medical cannabis for more than one (1) year by
accredited physician;

f. Use of medical cannabis without prescription or use beyond the prescribed dosage;
and

g. Other analogous acts performed without authority by the MCO under this Act.

SEC. 15. Penalties. - Any person who commits any prohibited act under the
preceding section shall, upon conviction and final judgment, be punished with a fine ranging
from Five hundred thousand pesos (Php500,000.00), to One million pesos (Php1,000,000.00)
or imprisonment ranging from six (6) months to six (6) years, or both, at the discretion of the
court. The said penalties carry with it the suspension or revocation of professional license or

accreditation of the facilities.

If the offender is a corporation, the officers found to be responsible for the violation shall be
held liable and penalized under this Act.

Nothing in this Act excludes or exempts the offender from the penalty imposed under RA
9165, other penal laws, and applicable laws on medical practice

SEC. 16. Implementing Rules and Regulations. - Within ninety (90) days from the
effectivity of this Act, the DOH shall, in consultation with the DDB, DA, FDA, Philippine


Drug Enforcement Agency and other concerned agencies, promulgate the necessary rules and
regulations for the effective implementation of this Act.

SEC. 17. Appropriations. -The amount necessary for the initial implementation of
this Act shall be charged against the current year's appropriation of the departments and
agencies concemed. Thereafter, such amount shall be included in the respective budgets of
the concerned offices in the annual General Appropriations Act.

SEC. 18. 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. 19. Repealing Clause. - All laws, decrees, orders, rules and regulations, or parts
thereof, inconsistent with any provision of this Act are hereby repealed or modified

accordingly.

SEC. 20, Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approved,