August 20, 2025
10:04 am
3864
First


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City  
TWENTIETH CONGRESS 
____ Regular Session 
HOUSE BILL NO.  3864
Introduced by Representative Gloria Macapagal Arroyo 
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 of the 1987 
Constitution, it shall be the policy of the State to adopt an integrated approach to health 
development which shall endeavor to make essential goods, health and other social service 
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 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: 
(a) 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 physician is not included in 
the dangerous drugs watch list of the agency; 
First


(b) 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; 
 
(c) 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; 
 
(d) 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; 
 
(e) 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; 
 
(f) 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, shall 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 the DOH 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 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 shall be adopted by the FDA unless there 
is strong evidence to the contrary. 
 
The MCO 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. – The 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, 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 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 
concerned. Thereafter, such amount shall be included 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,