REECE

Republic of the Philippines ECEIVED

HOUSE OF REPRESENTATIVES —97E:_30 JUN 2016
Quezon City, Metro Manila Tar 2: hy

Seventeenth Congress
First Regular Session

HOUSE BILLNO, 18

Introduced by Honorable Rodolfo T. Albano HI

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 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 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

HOUSE REPRESENTATIVEg



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
the people at affordable cost.”

The use of cannabis for medicinal 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 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 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.

ie,

RODOLFO T. ALBANO III


eaaAuRune

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

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 180

Introduced by Honorable Rodolfo T. Albano TIE

AN ACT PROVIDING COMPASSIONATE AND RIGHT OF ACCESS TO
MEDICAL CANNABIS AND EXPANDING RESEARCH INTO ITS
MEDICINAL PROPERTIES

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. Statement of Policy. Section 11 of the Philippine Constitution
explicitly 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 State shall protect and promote the to health of the

people and instill health consciousness among them

Section 2 of the Dangerous Drugs Act provides that 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. son


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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
treat chronic or deblitating disease or medical condition that produces one or more
of the following: cachexia or wasting syndrome; severe and chronic pain; severe
nausea; seizures, including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to those associated
with multiple sclerosis.

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

a) Bona fide relationship refers to a physician” and patient
relationship wherein a licensed 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 sativa L., Cannabis americana, 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;

¢) Compassionate - a virtue combining concepts such as sympathy,
empathy, fellow feeling, benevolence, care, love, and sometimes pity and mercy.

A profound awareness of another's suffering coupled with a desire to alleviate that


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suffering,

d) Medical Cannabis Compassionate Center refers to any entity registered
with the Department of Health and licensed to acquire, possess, cultivate,
manufacture, deliver, transfer, transport, sell, supply and dispense cannabis,

devices or related supplies and educational materials to registered. qualifying

patients, ay

©) Medical Cannabis Safety Compliance Facility refers to any entity
registered with the Department of Health that conducts scientific and medical
research on medical use of cannabis and provides testing services for its potency
and contaminants relative to its safe and efficient use, cultivation, harvesting,
packaging, labelling, distribution and proper security;

£) Debilitating medical condition means one or more of the following:
(1) Cancer; (2) Glaucoma; (3) Multiple sclerosis; (4) Damage to the nervous
tissue 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) Admitted into hospice care; (8) Post-
traumatic stress disorder; (9) Rheumatoid arthritis or similar chronic autoimmune
inflammatory disorders; or (10) any other debilitating medical condition or its
treatment that is added by the Department of Health as recommended by a panel
of doctors constituted for this purpose.

2) Medical use refers to delivery, possession, transfer, transportation, or use

of cannabis and its devices to treat or alleviate a registered qualified patient’s

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medical condition or symptoms associated with the patient’s debilitating disease
or its acquisition, administration, cultivation, or manufacturing for medical
purposes. . ,

Section 4. The Secretary of the Department of Health herein referred to as
the Secretary shall lead the formulation of regulations to implement this Act.

Section 5. There is hereby established in the Department an Advisory
Committee on Medical Use of Cannabis, hereinafter referred to as the Advisory
Committee to advise the Secretary on formulating regulations under this Act and
on any matters related to the implementation of this Act. The members of the
Advisory Committee and Subcommittee of the Advisory Committee shall be
appointed by the Secretary. It shall include but not limited to health care
practitioners, patients or representatives of patients with debilitating conditions,
experts in the regulation of controlled substances for medical use, medical
cannabis industry professionals and law enforcement agencies. The Secretary
shall form a subcommittee to advise the Secretary on clinical matters relating to
medical cannabis, the members of which shall predominantly be clinical
professionals in appropriate areas of expertise and shall also include
representatives of patients. Members of the subcommittee need not be members
of the Advisory Committee. Both members of the Advisory Committee and
Subcommittee shall serve at the pleasure of the Secretary. Members of the
Advisory Committee and Subcommittee may receive reimbursement for their

reasonable and necessary expenses incurred as Members of the Advisory

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Committee or Subcommittee.

SEC. 6. Qualified Medical Cannabis Physician. — To be competent to

certify the patient’s medical need to use cannabis for treatment, a physician

shall have the following qualifications:

a)
b)
c)
d)

a doctor’s degree in medicine;
a bona fide relationship with the patient; and
license to prescribe drugs

professional knowledge of the use of medical cannabis

SEC. 7. Qualified Medical Cannabis Patient. — “Qualifying, patient”

means a person who has been diagnosed by a certifying physician with bona

fide relationship with the patient as having debilitating medical condition as

defined

in Section 3 (e) and who in the physician’s professional opinion will

receive therapeutic or palliative benefits from the medical use of cannabis.

SEC. 8. Identification Cards. ~ The Secretary shall issue registered

identification (ID) cards to qualified patients after a careful review of the’

documents required by the Department and included in the implementing rules

and regulations of this Act.

if

the qualified patient is younger than eighteen (18) years of age, the

certifying physician shall not recommend the issuance of the ID card unless

she/he

has explained the potential risks and benefits of the medical use of

marijuana to the custodial parent or legal guardian who has the responsibility for


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health care decisions for the qualifying patient and she/he consents in writing to
the following:

a) Allow the qualified patient’s medical use of cannabis;

b) Serve as the qualified patient’s designated caregiver; and

¢) Control the acquisition, dosage, the fequency of medical use of
cannabis by the patient.

SEC. 9. Medical Cannabis Patient Caregiver. ~ A cannabis patient
caregiver must be at least 21 years of age and must not have been convicted of an
offense for the use of dangerous drugs under Republic Act (RA) No. 9165. The
caregiver shall give consent in writing of her/his willingness to assist the qualified
patient in the medical use of cannabis and shall not divert the medical cannabis in
her/his possession to any person other than the patient. She/he shall assist only
one (1) cannabis patient at a time.

The Department shall maintain a registry of cannabis patient’s caregivers
and shall issue their appropriate TD cards, a 7

SEC. 13. Medical Cannabis Compassionate Center (MCCC). ~ An
entity shall operate as a Medical Cannabis Compassionate Center after approval
of its application and registration with the Department.

The Secretary shall establish a system for the evaluation of the
application and licensing of a Medical Cannabis Compassionate Center based
on the following criteria:

a) The suitability of the applicant’s proposed location including


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compliance with any local zoning laws and the geographic convenience to
patients, if approved;

b) The qualification of principal officer and board iahabell ctimtaabel
and relevant experience, 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;

c) The applicant’s system for operations and services, including its
staffing and training plans, whether it has sufficient capital to operate, and has

ability to provide an adequate supply of medical cannabis to the registered

patients;

d) The sufficiency of the applicant’s procedure for accurate record
keeping;

e) The sufficiency of the applicant’s. measures for safety, security, and

the prevention of diversion, including proposed locations and security devices to
be employed;

£) The applicant's system for making medical cannabis available on an
affordable basis to registered qualified patients; and

g) The applicant’s procedure for safe and accurate packaging and
labelling of medical cannabis, including the measures to ensure that all medical
cannabis shall be free from contaminants. ,

The Department or its agents shall have access to MCCC’s records and

premises at any time of the day or night whenever work is being undertaken


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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 rules and regulations issued pursuant thereto.

SEC. 14. Dispensation. — A MCCC shall guarantee the appropriate
dispensation of cannabis and shall not release more than the prescribed dosage for
one month to a registered qualified patient or designated caregiver, The MCCC
shall comply with this limitation by maintaining internal confidential record of
each entry which include information on the date and time ‘the: cannabis was
dispensed, the amount of cannabis being dispensed and on whether it was
dispensed directly to the patient or to the designated caregiver.

SEC. 15. Medical Cannabis Safety Compliance Facilities (MCSCF). ~
Safety compliance facilities may only operate if they have been issued a valid
registration certificate by the Department.

The Department shall evaluate applications of medical cannabis safety
compliance facilities based on the following criteria:

a) The suitability of the applicant’s proposed location including
compliance with any local zoning laws and the geographic convenience to
patients, if approved;

b) The proposed principal officers’ and board members’ relevant
experiences, including any training or professional licensing related to analytical
testing, medicine, pharmaceuticals, natural treatments, botany, or cannabis

cultivation, preparation, and testing and their experiences in running a drug

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testing facility center;

c) The sufficiency of the applicant’s measures for safety, security, and
the prevention of diversion, including proposed locations and security devices to
‘be employed; and

d) The proposed safety compliance facility’s procedure for its
operations and services, including its staffing and training plans, and whether it
has sufficient capital to operate.

SEC. 16. Safety Requirements. ~ A registered MCCC or MCSCF shall:

a) Implement appropriate security measures to deter and prevent the
theft of cannabis and unauthorized entrance into areas containing cannabis;

b) Cultivate or test cannabis in an enclosed, locked location at the
physical address or addresses provided during the registration process, which can
only be accessed by their employees or agents; .

©) Display their registration certificates in their premises at all os oe

SEC. 17. Location. — A registered MCCC and MCSCF shall not be
located within one thousand (1000) feet of the property line of a pre-existing
school, college or university.

SEC. 18. Exemption From Civil and Criminal Liability. — The
following shall be exempt from civil and criminal liability:

a) — Qualified patient for using cannabis in the prescribed dosage for
treatment of debilitating medical condition as determined and certified by a

bona fide recommending physician;


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b) Registered and designated 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;

c) The certifying physician for prescribing medical cannabis or
providing written certifications stating that in the physician’s professional
opinion, a patient is likely to receive therapeutic or palliative benefit from the
medical use of cannabis to treat or alleviate the patient’s serious or debilitating
medical condition or symptoms: Provided, That the physician has established a
bona fide relationship with the patient and conducted a thorough clinical analysis
of the patient’s medical conditions;

d) Registered and licensed medical cannabis compassionate center and
its agents for selling cannabis seeds to similar entities that are registered to
dispense cannabis for medical use or for acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting, supplying, selling, or
dispensing cannabis or related supplies and educational materials to qualified
patients and their designated caregivers.

) _ Registered medical cannabis safety compliance facility and its agents
for possessing and testing cannabis for medical research and compliance
purposes. a . #

SEC. 19. Prescription. — A certifying physician shall not be subject to
administrative action by the Philippine Medical Association or by any other

occupational or professional licensing board or bureau for prescribing cannabis as

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treatment to qualified patient

SEC. 20. Devices. - Medical Cannabis and its devices which is possessed,
owned, or used in connection with the medical use of cannabis under this Act
shall not be seized or confiscated. In patient’s medical use of cannabis, the seizure
shall not be prevented if it exceeds the amount or dosage prescribed by the
qualified physician

SEC. 21. Confidentiality. — The following information seaseamas kept
based on the Department’s regulations are confidential and shall not be disclosed
to any individual or public or private entity, except as necessary for the
performance of official duties under this Act:

a) Applications and renewals, their contents, and supporting
information submitted by qualified patients and designated caregivers;

b) Applications and renewals, their contents, and supporting
information submitted by or on behalf of MCCCs in compliance with this Act;
and

c) The individual names and other information identifying persons to
whom the Department has issued registry identification cards.

SEC. 22. Registry. ~ The Department shall maintain a confidential list of
persons to whom the Department has issued registry identification cards, their
addresses, phone numbers, registry identification numbers. These records shall be
kept and maintained separately from registrant public data which shall identify

cardholders and MCCCs by their registry identification numbers only and shall

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not contain names or other personal identifying information.

Hard drives or other data-recording media or storage which contain
cardholder information that are no longer in use must be destroyed.

The data subject of this section shall not be combined or linked in any
manner with any other list or database and it shall not be used for any purpose not
provided under this Act.

SEC. 23. Electronic Verification System. — Within one hundred twenty
(120) days from the effectivity of this Act, the Department shall establish an
electronic verification system. The electronic verification system shall allow the
employees and agents of the Department, Medical Cannabis Compassion Centers
(MCCC) and Medical Cannabis Safety Compliance Facilities (MCSCF) to enter
a registry identification number to determine whether or not’ the: number
corresponds with a current and valid registry identification card. The system shall
only disclose the following:

a) Validity of the identification card;

b) Information whether the cardholder is a registered qualified patient
or a registered caregiver; and

c) The registry identification number of the MCCC designated to serve
the qualified patient who holds the card or the registry identification number of
the patient who is assisted by the caregiver.

The Department shall, at cardholder’s request, confirm the person’s status

as a registered qualified patient or registered and designated caregiver to the


following third party: landlord, employer, school, medical professional, PNP
personnel, drug enforcement agent or court.

Section 24. Discrimination Prohibited

a) A registered qualifying patient who uses cannabis for medical purposes
or a registered designated caregiver shall be afforded all the same rights under the
law, as the individual would have been afforded if he or she were solely
prescribed pharmaceutical medications, as it pertains to employment, housing and
education.

b) A person otherwise entitled to custody of or visitation or parenting time
with a minor shall not be denied such a right, and there shall be no presumption of
neglect or child endangerment, for conduct allowed under this chapter, unless the
person’s actions in relation to cannabis were such that they created an
unreasonable danger to the safety of the minor as established by clear and
convincing evidence.

¢) No school, landlord, or employer may be penalized or denied any benefit
under law for enrolling, leasing to, or employing a cardholder.

SEC, 25. Prohibited Acts. — \t shall be prohibited for:

a) A qualifying patient to:

1. Possess and smoke cannabis and engage in the medical use of
cannabis in any mode of public transportation or in any public place;

2. Operate, navigate, or being in actual physical control of any motor

vehicle, aircraft, or motorboat while under the influence of cannabis: Provided,


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That a registered qualifying patient or visiting qualifying patient shall not be
considered to be under the influence of cannabis solely because of the presence
of metabolites or components of cannabis that appear in insufficient
concentration to cause impairment;
3. Undertake under the influence of cannabis, task that would require
the use of body or motor functions impaired by the use of cannabis; and

4 Use cannabis for purposes other than treatment of a debilitating

medical condition;

b) An authorized physician to prescribe medical cannabis to any person
without establishing a bona fide relationship with the patient and to refer patients
or caregivers to a MCCC on which the physician holds any financial interest

c)  Aregistered MCCC to:

1. Acquire, possess, cultivate, manufacture, deliver, transfer,
transport, supply, or dispense cannabis to any person except to registered
qualified patients or through their registered caregivers; and

2. Acquire usable cannabis or mature cannabis plants from
unregistered MCCC.

3. Refer patients to an authorized physician
d) Any person to:

1. Advertise medical cannabis sales in printed materials, on radio
or television, social media, or by paid-in-person solicitation of customers.

This shall not prevent appropriate signs on the property of the registered

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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; and

2. Violate the confidentiality of information under Section 21 of
this Act.

SEC. 26. Penalty. — Any person or entity who violates Section 24 of this
Act shall be punished with a fine of one hundred thousand pesos (P100,000, 00)
and revocation of the license or registration certificates to use, possess or sell
cannabis for medical purposes under this Act.

Any person who violates confidentiality under Section 21 of this Act shall
be punished with a fine of not less than ten thousand pesos (P10,000.00) but not
more than fifty thousand pesos (P50,000,00). :

If the offender is a physician the penalty shall include revocation of
professional license.

The suspension or revocation of registration certificate is a final action of
the Department. The Department shall constitute a committee that will review
documents and evidence of the case and shall recommend action to be taken by
the Secretary,

SEC. 27. Research—The Department 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 to conduct research on the use of medical cannabis and two other


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organizations it may deem qualified to do so. They may develop, seek and carry
out research programs relating to the medical use of cannabis. Participation of any
such research program shall be voluntary on the part of practitioners, patients and
designated care givers.

SEC. 28. Training of Medical Cannabis Physicians ~The Department
shall provide training for medical cannabis physicians on on the following topics :
the pharmacology of marijuana; contraindications; side effects; adverse reactions;
overdose prevention; drug interactions; dosing; routes of administration; risks and
benefits; warnings and precautions; and abuse and dependence. This shall also be
part of the medical curriculum of all medical schools, colleges and universities.

SEC. 29. Reports. - The Department shall submit to the President of the
Philippines and Congress an annual report which shall not disclose any
identifying information about cardholders, registered MCCCs, or practitioners,
but shall have at a minimum, all of the following information:

a) Number of applications and renewals filed for registry identification
cards;

b) Number of registered qualifying patients at the time of the report;

c) Number of registry identification cards that were issued to visiting
qualifying patients at the time of the report;

d) Nature of the debilitating medical conditions of the qualifying
patients;

ec) Number of registry identification cards revoked for misconduct;


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£) Number of physicians providing written certifications for qualifying

patients; and

g) Number of registered MCC

SEC. 30. Appropriations. — The amount necessary for the
implementation of this Act shall be charged to the current appropriations for the
Department of Health. Thereafter, such sum as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

SEC. 31. Joint Congressional Oversight Committee. — There shall be
created a Joint Congressional Oversight Committee for Medical Use of
Cannabis to oversee, monitor and evaluate the implementation of this Act.

The Committee shall be composed of ten (10) members, five (5) shall
come from the Senate and five (5) from the House of Representatives, including
the Chairpersons and the Vice-Chairpersons of the Committee on Health. The
members shall be respectively designated by the Senate President and Speaker
of the House of Representatives.

The membership of the committee for every House shall have at least two
(2) opposition or minority members.

SEC. 32. Implementing Rules and Regulations. ~ Within ninety (90)
days from the effectivity of this Act, the Secretary of the Department of Health
shall, in consultation and coordination with its Advisory Committee composed

of relevant civil society organizations, health care practitioners, patients or

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representatives of patients with debilitating conditions, experts in the regulation
of controlled substances for medical use, medical cannabis industry
professionals and law enforcement agencies. promulgate rules and regulations
necessary for the effective implementation of this Act.

SEC. 33, 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. 34, 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. 35. 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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