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

NINETEENTH CONGRESS
First Regular Session

mio, 4638

HOUSE BILL NO.

Introduced by REP. DAVID “JAY-JAY” C. SUAREZ

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 an
established effects in controlling epileptic seizures, pain management in multiple sclerosis
and arthritis, treatment of symptoms associated with HIV-AIDS and palliative care in end-
stage cancer treatment. Based on clinical trials, it also has potential effects to prevent
cancer from spreading, management of anxiety, slows the progression of Alzheimer’s
disease and control muscle spasms and tremors. Cannabis used in children with epilepsy
and seizure disorders have been shown to be effective without the deleterious side effects
of anti- epileptic medications

Currently, many countries has already accepted the medical use of cannabis. For
instance, in the US, it being recommended by thousands of licensed physicians to more
than 500,000 patients in 26 state including the District of Columbia which has its medical
marijuana laws. A bipartisan bill known as the CARERS Act has also been introduced in
both Houses legalizing the use of cannabis. Also, in Israel, Canada, the Netherlands and
the Czech Republic have enacted their medical cannabis laws that decriminalizes its use of
for medical purposes. The law defines medical cannabis, eligibility for such use, and allow
some means of access in most cases, through a dispensary. Further, some States in the
European Union, such as Finland, Portugal, Spain and Luxembourg has recognized the
medical value of cannabis and have developed various forms of de facto decriminalization
where possession and use, rarely lead to criminal prosecution.

In the Philippines, thousands of patients suffering from serious and debilitating
diseases will benefit from legalization for 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 annually.
Depending on the type of cancer, cost of treatment ranges from P36,000.00 to P180,000.00
for the standard 6 cycles of chemotherapy. While Phil Health helps cover some cases of
Cancer in Z case rate, patients who are not eligible, have to pay for the expenses of
chemotherapy treatments out of their own pockets.


While many patients may opt for the conventional and orthodox treatment, the
intention of this bill however, is to invoke the right of the patient to choose the kind of
available, safe, effective and more affordable treatment he desires and for the physician to
honor the patient's decision and choice. The physician is also duty bound to inform the
patient of the side effect of such treatment. This bill seeks to create harmonious relationship
between the physician and the patient where no one is above the other.

The bil's primary objective is for a patient to have an access to a safe, affordable,
available medication and treatment prescribed by a registered physician including cannabis
among the options provided, it has been found to be effective in the 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 as stated in Section 2: “The govemment 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.”

The bill shall not, in any manner be deemed to advocate, authorize, promote,
legalize nor be socially accept the use of cannabis or marijuana for any non-medical use or
purpose. For this reason, it provides for control measures and regulation on its medical use
to ensure the patient's safety and for effective and efficient implementation of this
legislation.

In recognition of the merits of this bill particularly in expanding the spectrum of
aitemative 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 the
Senate for its consideration.

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


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

NINETEENTH CONGRESS
First Regular Session

fino, 4638

HOUSE BILL NO.

Introduced by: REP. DAVID “JAY-JAY’ C. SUAREZ

AN ACT

PROVIDING RIGHT OF ACCESS TO MEDICAL CANNABIS AS A
COMPASSIONATE ALTERNATIVE MEANS FOR MEDICAL TREATMENT
AND EXPANDING RESEARCH INTO ITS MEDICINAL PROPERTIES AND

FOR OTHER MEDICAL AND LAWFUL 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 alll 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 for patients with debilitating
medical conditions may receive the 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 altemative 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
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 as 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, churus, 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 alll 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 to 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;

) Debilitating medical condition refers to any disease that produces one or more of
the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea;
seizures, or severe and persistent muscle spasms. Debilitating medical conditions


include the following diseases: (1) Cancer; (2) Glaucoma; (3) Multiple sclerosis; (4)
Damage to the nervous system of the spinal cord, with objective neurological indication
of intractable spasticity; (5) Epilepsy; (6) Positive status for human immunodeficiency
virus (HIV) or acquired immune deficiency syndrome (AIDS); (7) Post-traumatic stress
disorder, (8) Rheumatoid arthritis or similar chronic autoimmune inflammatory disorders;
(9) Diseases requiring admission into hospice care; and (10) Any other debilitating
medical condition that is subsequently identified by the Department of Health through
the Medical Cannabis Advisory Committee established under this Act;

f) Medical Cannabis refers to cannabis products such as capsules and oil in their
pharmaceutical formulation which shall have detailed and accurate information
regarding the concentration of tetrahydrocannabinol (THC) and cannabidiol (CBD)
certified by the PDEA licensed and DOH registered physician to qualified patients. In
no instance shall cannabis be used in its raw form;

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 patient has any of the debilitating
medical condition under Section 3 (e) and recommends the use of medical cannabis to
treat or alleviate the latter’s condition. Provided, That a written certification shall be
made only in the course of a bona fide physician — patient relationship.

SEC. 4. Role of Agencies. - The following agencies shall perform the following roles
and responsibilities:

a) Department of Health (DOH). — The DOH shall be the principal regulatory agency
in the access and use of medical cannabis. It shall register and issue licenses to
qualified entities engaged in activities related to the use of medical cannabis, establish a
Prescription Monitoring System and maintain an electronic database of registered
medical cannabis patients, physicians, caregivers and other qualified entities for
monitoring and regulation purposes.

The Secretary of the DOH, herein referred to as the Secretary, shall take the lead in
the formulation of rules and regulations to implement this Act.

b) Food and Drug Administration (FDA). - The FDA shall be the regulatory agency
tasked to undertake testing of medical cannabis products to determine its potency,


consistency, safe and effective use, as well as compliance with packaging and labelling
safety requirements. It shall ensure that all medical cannabis products are organic,
pesticide free, gluten free, safe, effective, and tested prior to distribution, dispensation
and sale.

) Dangerous Drugs Board (DDB) and Philippine Drug Enforcement Agency
(PDEA)

— The DDB and PDEA shall have a key role in monitoring and regulating the
importation, cultivation, manufacture, storage, distribution, prescription, dispensation
and sale of medical cannabis by registered Medical Cannabis Compassionate Centers
(MCCCs). It shall establish and maintain an information system especially to track
cannabis growth from seed to sale for monitoring and regulation purposes.

SEC. 5. Advisory Committee on Medical Use of Cannabis. - There is hereby
established in the DOH an Advisory Committee on the medical use of cannabis,
hereinafter referred to as the Medical Cannabis Advisory Committee, which shall assist
and provide directions in the formulation, implementation and assessment of the
policies, guidelines and regulations covered under this Act.

The Secretary of the DOH shall serve as the chairperson of the Medical Cannabis
Advisory Committee. The Chairman of the Dangerous Drugs Board (DDB), the
Directors-General of the FDA and the PDEA or their respective representatives shall be
permanent members of the Medical Cannabis Advisory Committee.

The Secretary shall appoint the other members of the Medical Cannabis Advisory
Committee who shall serve for a term of three (3) years. It shall comprise of three (3)
health care practitioners, two (2) experts in the regulation of controlled substances for
medical use, who must be citizens and residents of the Philippines, of good moral
character, of recognized probity and independence and must distinguish themselves
professionally in public, civic or academic service and must have been in the practice of
their professions for at least ten (10) years; and two (2) representatives from a
nationally recognized organization of patients with debilitating medical conditions. The
non-ex officio members shall nominate a Vice-Chairperson from among themselves,
and shall receive an honoraria in accordance with existing laws, rules and regulations.

The Medical Cannabis Advisory Committee shall meet once a month or as often as
necessary at the discretion of the Chairman. The presence of six (6) members shall
constitute a quorum,

SEC. 6. Qualified Medical Cannabis Physician. - To be considered competent to
certify a patient's medical need to use cannabis for treatment and issue a corresponding


written certification to that effect, a physician must register with the DOH and possess
the following qualifications:

a) Has an established bona fide relationship with the patient;
b) Licensed by the PDEA to prescribe dangerous drugs; and

c) Possesses 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 the written
certification issued, 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 expert opinion, the qualified
patient would benefit from medical cannabis only until a specified date so stated in the
written certification; or may sooner be 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 parents or legal guardian who has
the responsibility to make health care decisions on his behalf about the potential risks
and benefits of medical cannabis. The parent or legal guardian shall signify, in writing,
their consent allowing the qualified patient undergo medication and/treatment with
medical 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 duly registered with the DOH to administer 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 administration of medical cannabis;
b) Not to divert the medical cannabis in one’s possession to any person other than
the patient; and

c) Assist only one (1) cannabis patient at a time.

SEC. 9. Identification Cards. - The DOH shall issue registry identification (ID) cards
to qualified medical cannabis patients and caregivers upon compliance with DOH
documentary requirements and the provisions of this Act as well as the implementing
rules and regulations.

The registry ID card shall contain the following: name of the cardholder,
designation whether the cardholder is the qualified patient or caregiver, date of issuance
and expiration, assign a 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
tequirements 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;

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

) The sufficiency of the applicant's measures for safety, security, and prevention of
diversion, theft and unauthorized entrance, including proposed locations, and security
devices;

g) The applicant's procedure for safe and accurate packaging and labelling of
medical cannabis, including measures to ensure that all medical cannabis are free from
contaminants, and

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

Provided, That only Five (5) MCCCs nationwide 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 MCCC’s records and premises at any
time of the day or night whenever work is being undertaken therein, and to question any
employee and investigate any fact, condition or matter which may be necessary to
determine violations or which may aid in the enforcement of this Act or its rules and
regulations issued pursuant thereto.

SEC. 12. Electronic Verification. - The Prescription Monitoring System established
by the DOH shall be made accessible to the PDEA Compliance Service and MCCCs
where it may electronically verify and determine the validity of the registry ID card and
information whether the cardholder is a registered qualified patient or caregiver.

SEC. 13. Cultivation, Importation, Production and Distribution. - The DDB shall
assist in the formulation of guidelines, in coordination with other govemment 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 conditior

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;

©) 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.

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, internet or by paid-in-person solicitation of customers.
Provided, That this shall not prevent appropriate signs on the property of the registered
MCCC, listings in business directories including phone books, listings in cannabis-
elated 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;

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 Altemative 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;


c) Nature of debilitating medical conditions of the qualified patients;
d) Number of registry identification cards revoked for misconduct;

) Number of qualified physicians who issued written certifications for qualified
Patients;

f) Number of registered MCCCs;

9) 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,