TOLENTINO, PATRICIA ANNE F.

JURIS DOCTOR - I
Topic: Decriminalization of Marijuana for Medical Use

Introduction

The Philippine Archipelago seemed free from the utilization

of narcotic drugs before the Christian era. Conversely, the native
Filipinos were enthralled by the consumption of alcoholic
beverages, intoxicants, and stimulants as part of their rituals and
ceremonies. Opium became the first narcotic drug to dominate the
country which was brought in by the Chinese migrants. The
subsequent periods of colonization addressed the prohibition and
reduction of opium use through the execution of government
policies. During the Spanish era, the use of the said drug was
substantially curtailed, resulting in a significant decrease in its
prevalence. It was completely prohibited during the American
period except for medical purposes. The coca plant was
introduced to the country before 1941 or shortly after 1945.
Marijuana or Indian hemp was first cultivated for drug addiction
purposes approximately fourteen years after the coca plant entered
the country.1

Marijuana refers to various parts of the cannabis plant, such

as leaves, tops, stems, flowers, and roots, which are dried (hashish)
and prepared for smoking or consumed orally, often in the form of
"brownies".2 At present, Marijuana is categorized as a substance
with hallucinogenic properties. Substances with these properties
affect cognitive functions, self-awareness, emotions, and overall
experiences when consumed. They have the potential to bring
about changes in the perception of time and space.

1
Ricardo Zarco, M.A. “A Short History of Narcotic Drug Addiction in the Philippines, 1521-1959.”
Philippine Sociological Review, Vol. 43, No. 1/4, CRIME AND SOCIAL DEVIANCE (January-December
1995), pp. 1-15.
2
https://pdea.gov.ph/drug-trends/facts-about-drugs#marijuana (Last accessed, May 27, 2023)
 In the Philippines, alongside with the passage of time,
people have also evolved approaches to referring to drugs by
utilizing informal language or street lingo. Using marijuana as an
illustration, individuals from various regions employ street names
to it, namely:

Tsongke
Omad
Marijuana Grass/Green/Gulay
Damo
Cush/Kush

Tuyo
Sindi/Sinde/Ednis
Hashish (Marijuana)
Buntot Pusa
Pollen
Hershey

Fly high
Special cake

Brownies (Marijuana) Chewy

Choco/Chocolate/Chocolate

cake
Pudding

Buto
Seeds (Marijuana)
Seeds
Maryjane
 One of the most debated issues in the Philippines is whether
Marijuana should be decriminalized. The definition of Marijuana
or Indian hemp is provided in Article I, Section III of the Republic
Act No. 9165, as follows:

v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by any

other name. – Embraces every kind, class, genus, or specie of the plant Cannabis
sativa L. including, but not limited to, Cannabis Americana, hashish, bhang, guaza,
churrus, and 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.3

Sections IV-XXXV of Article II provide for the acts which

shall be considered unlawful and the penalties thereof. The
Marijuana, its resin, extracts, and tinctures obtained from the plant
itself are annexed to Schedule 1 of the 1961 United Nations Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol. 4
On March 9, 2023 press release of the United Nations Information
Service Vienna (UNIS) on the trend to legalize the non-medical use
of cannabis contravenes the 1961 Single Convention on Narcotic
Drugs.

The Dangerous Drugs Board, a national government agency

under the Office of the President, is the policy-making and
strategy-formulating body on the matters of drug prevention and
control. According to the data released by the aforementioned
agency concerning the distribution of reported cases from
residential and outpatient facilities and by most commonly
used/abused drugs for the year 2022, Marijuana ranked second for
having 27.04% of new admissions to the treatment and
rehabilitation centers throughout the country. Methamphetamine
Hydrochloride or Shabu ranked first as the most commonly

3
https://www.officialgazette.gov.ph/2002/06/07/republic-act-no-9165/ (Last accessed, April 24, 2023)
4
Dangerous Drugs Board. “Republic Act 9165 and its Implementing Rules and Regulations.” p.67.
used/abused drug for having 92.06% new admissions to the
facilities.5

Executive Order No. 66 of 2018 mandates the conduct of a

nationwide household survey, which reads:

Section 7. Nationwide Survey to Determine Drug Abuse Prevalence in the

Country. Every three (3) years, the DDB shall conduct a nationwide survey to
determine drug abuse prevalence in the country. The Philippine Statistics Authority
shall provide full technical assistance to the DDB in the conduct of this survey.

According to the 2019 National Household Survey on the

Patterns and Trends of Drug Abuse in the Philippines, when asked
to name a dangerous drug or substance, 35% of the 9,341
respondents answered Marijuana as their first thought. Further to
this, Marijuana or Cannabis Sativa ranked first as the dangerous
drug of choice of 57% of Filipino lifetime users (n=541) aged 10-69
years. Shabu or Methamphetamine Hydrochloride, 35%, ranked
second for individuals who have used drugs in their lifetime.6

Background of the Issue

In the United States of America, the federal government

disapproves the use of medical marijuana. Despite that, twenty-six
states and the District of Columbia have enacted state laws that
permit the utilization of marijuana for medicinal purposes. 7 Policy
advocate groups contend that the effectiveness of medical
marijuana rests on the elimination of penalties for patients with
authorization from their doctors to possess, utilize, and cultivate
marijuana.
5
https://ddb.gov.ph/statistical-analysis/ (Last Accessed, April 25, 2023)
6
https://ddb.gov.ph/wp-content/uploads/2023/01/2019_Drug_Survey_Report-min.pdf (Last accessed,
April 25, 2023)
7
Peter Clark. “The Ethics of Medical Marijuana: Government Restrictions vs. Medical Necessity,”
Journal of Public Health Policy, Vol. 21, No. 1 (2000), pp.40-60. https://www.jstor.org/stable/3343473. (Last
accessed, May 17, 2023)
 In Canada, the implementation of the Cannabis Act allowing
access to cannabis for medical purposes took place in October 17,
2018. Here, patients who have gained permission from their health
care provider can continue obtaining cannabis for medical
purposes through direct purchase from a licensed seller. 8

Lawmakers in the Philippines have been calling for the

passing of several bills about the legalization of marijuana based
on the studies that it has medicinal properties. Senator Robinhood
Padilla filed Senate Bill No. 230 or the Medical Cannabis
Compassionate Access Act of the Philippines, otherwise known as
"An Act Granting Access to Medical Cannabis, as a Compassionate
Alternative Means of Medical Treatment, Expanding Research into
its Medicinal Properties, Enumerating Prohibited Acts and
Prescribing Penalties Therefor and for Other Purposes." 9 Section IV
of the said Act states:

Section 4. Use of Medical Cannabis. — The use of medical cannabis is hereby

permitted, as herein provided for in this Act, to treat or alleviate a qualified patient's
debilitating medical condition or symptoms, which includes its acquisition,
possession, transportation, delivery, dispensation, administration, cultivation, or
manufacturing for medical purposes.

The bill further states that an advisory committee on the

medical use of cannabis shall be established by the Department of
Health (DOH). The Medical Cannabis Advisory Committee
(MCAC) shall be responsible for assisting and providing directions
in the formulation, implementation, and assessment of the policies,
guidelines, and regulations under Senate Bill No. 230. The
Committee in question holds identical responsibilities to those of
the Dangerous Drugs Board. Section 6 reads:

8
https://www.canada.ca/en/health-canada/services/drugs-medication/cannabis/medical-use-
cannabis.html (Last accessed, May 26, 2023)
9
https://legacy.senate.gov.ph/lisdata/3794234385!.pdf (Last accessed, April 25, 2023)
 Section 6. Advisory Committee on Medical Use of Cannabis. - The advisory
committee on the medical use of cannabis, hereinafter referred to as the Medical
Cannabis Advisory Committee (MCAC), shall be established by the DOH.

The MCAC shall assist and provide directions in the formulation,

implementation, and assessment of the policies, guidelines, and regulations under
this Act.

The Secretary of the DOH shall serve as the ex officio chairperson of the
MCAC. 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 seven regular members of the MCAC who shall serve for a term of three (3)
years. It shall comprise 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 regular members shall nominate
a Vice-Chairperson from among themselves and shall receive an honorarium under
existing laws, rules, and regulations. The MCAC 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.

At the moment, three bills are pending in the 19 th Congress

that aims to legalize marijuana solely for medicinal use.
Representative Midy Cua of the Lone District of Quirino filed the
House Bill No. 7616, otherwise known as "An Act Removing
Cannabis and Any Form or Derivative Thereof Cultivated,
Cultured, Used, Sold, Distributed, or Dispensed Exclusively for
Medicinal and Medical Research Purposes from the List of
Dangerous Drugs and Substances under Existing Laws, Amending
for the Purpose Sections 3(J), 11, and 16 of Republic Act No. 9165"
in the 19th Congress. The said bill aims to remove the penalties for
the possession of 10 grams or more of marijuana resin or
marijuana resin oil and 500 grams or more of marijuana. The
imposition of a penalty on those who shall cultivate or culture
marijuana is likewise proposed to be lifted. Further to this,
Representative Midy Cua filed House Bill No. 4866, otherwise
known as "An Act Providing Compassionate and Right of Access
to Medical Cannabis, Expanding Research into its Medicinal
Properties and for Other Purposes." The bill aims to legalize and
regulate the use of medical marijuana by patients with devitalizing
conditions, as it is said to be effective in relieving pain. It cites the
Republic Act No. 8423 or the Traditional and Alternative Medicine
Act, which aims to promote the advancement of both conventional
and non-traditional medical practices, intending to incorporate
them into the existing national healthcare delivery system. In
addition, the abovementioned bills, Representative Pantaleon
Alvarez of Davao del Norte, 1st District, filed House Bill No. 6783,
otherwise known as "An Act Removing Cannabis and Any Form
or Derivative Thereof from the List of Dangerous Drugs and
Substances Under Existing Laws, Amending for the Purpose
Sections 3 (J), 11 and 16 of Republic Act No. 9165." The bill aims to
exclude the possession, cultivation, or culture of marijuana, its
resin, and resin oil from the punishable acts under the
Comprehensive Dangerous Drugs of 2002. It also suggests the
exclusion of cannabis and cannabis resin and extracts and tinctures
of cannabis from the Lists and Schedules Annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the 1972
Protocol.

Arguments Against Decriminalizing Medical Marijuana

A study carried out in Vermont, a state in America, has

revealed that continuous and regular usage of marijuana is
associated with acute and chronic health risks.10 There were
reported cases of fatal overdose, accidental poisoning of children
due to the consumption of marijuana-infused edibles, temporary
panic attacks induced by excessive intoxication, and impairment of
short-term memory, attention, reaction time, and psychomotor
performance. The utilization of marijuana elevates the overall

10
Jonathan Caulkins, et. al., “Considering Marijuana Legalization.” Insights for Vermont and Other
Jurisdictions. https://www.jstor.org/stable/10.7249/j.ctt15zc545.11 (Last accessed, May 17, 2023)
likelihood of accidents, particularly impairing one’s ability to
drive.
Excessive marijuana consumption can lead to drug dependency
and addiction. Moreover, it poses an increased risk of cancer, and
respiratory and cardiovascular diseases. Likewise, it is linked to
hindered brain development, mental health disorders, and long-
term cognitive impairment.

Arguments and Recommendations in Favor of Decriminalizing

Medical Marijuana

Research has indicated that individuals from the United

States of America who have utilized cannabidiol have experienced
beneficial effects in terms of pain relief, alleviation of insomnia and
anxiety, as well as improvement in epilepsy. Moreover, the hemp
plant used for this purpose enables such patients to engage in their
daily activities without any discernible change in their emotional
state.11

According to a study conducted by the Dangerous Drugs

Board, in collaboration with the Department of Health and the
Philippine Institute of Traditional and Alternative Healthcare,
titled "Assessing the Costs and Benefits of Medical Cannabis:
Social and Economic Implications of Allowing Access to Filipino
Patients," the cost-benefit analysis reveals that significant
government investments will be required from the initial stage of
implementation of a law concerning the use of medical cannabis.
This includes the establishment of a Medical Cannabis
Compassionate Center (MCCC) and the development of
certification protocols and training modules. As a result, the need
for legal assistance and rehabilitation or corrective services will be
eliminated, reducing the reliance on court hearings. Furthermore,
the government will experience increased revenue from the sales

11
Peter Grinspoon, M.D. “Medical Marijuana.” Harvard Health.
https://www.health.harvard.edu/blog/medical-marijuana-2018011513085 (Last accessed, April 24, 2023)
of medical cannabis products, leading to a rise in income from
such sales.12

The legalization of marijuana for medical and research

purposes shall be considered. The matters related to healthcare are
also issues about the right of individuals and fairness within
society. In cases where conventional medication appears
ineffective in treating a person's health condition, it becomes the
responsibility of the state to address their medical requirements.
These rights are governed by Article XIII of the 1987
Constitution13, to wit:

Section 11. The State shall 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.

Marijuana, as well as marijuana resin, extracts, and

tinctures, shall be reclassified as a controlled substance that
requires regulation. The most relevant example pertaining to this
issue is nalbuphine hydrochloride, a controlled substance listed
among dangerous drugs due to its documented abuse as reported
by various rehabilitation centers across the country. 14 However,
despite its classification, it is legally permissible for a medical
practitioner holding a valid S-2 license 15 to prescribe it under
certain conditions. To obtain this medication, a special prescription
must be acquired through the Department of Health. Given the
aforementioned illustration, the use of medical cannabis shall be
legalized and regulated for qualified patients who has been
diagnosed with severe medical condition, as determined by a

12
Dr. Emmanuel Baja, “Social and Economic Cost Allowing Access to Medical Cannabis by Filipino
Patient: Assessing the Costs and Benefits of Medical Cannabis.” Dangerous Drugs Board.
13
https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xiii/ (Last accessed, April 24,
2023)
14
https://ddb.gov.ph//images/psrsd_report/2009%20A%20Follow-up%20Study%20on%20nalbuphine
%20HCl.pdf (Last accessed, May 29, 2023)
15
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/57201 (Last accessed, May 29, 2023)
certified physician (S-2 licensed), to access and benefit from its
therapeutic and palliative properties.

The utilization of cannabis should be limited to capsules

and oil products exclusively, and its accessibility should be
facilitated through compassionate center dispensaries following
the process provided by law. Likewise, the issuance of licenses and
permits for the cultivation, importation, production, and
distribution of medical cannabis shall be under the jurisdiction of
the Philippine Drug Enforcement Agency (PDEA), in accordance
with the guidelines set forth by the Dangerous Drugs Board
(DDB). Moreover, the implementation of a monitoring system and
electronic database is vital to enable the concerned authorities to
efficiently track the transactions conducted by certified medical
practitioners with their patients. Above all, a crucial aspect for
experiencing the genuine impact of marijuana legalization for
medical purposes is the exemption of accredited physicians,
qualified and registered patients, registered cannabis caregivers,
and people working with compassionate centers from civil and
criminal liability.

The legalization of marijuana for medical purposes

necessitates the combined efforts of the concerned government
agencies. They must collaborate in order to regulate its usage and
prevent any misuse. The responsible agencies involved in this
matter include the Dangerous Drugs Board (DDB), the Philippine
Drug Enforcement Agency (PDEA), the Department of Health
(DOH), the Department of Interior and Local Government (DILG),
and the Philippine National Police (PNP). Additionally, the
Philippine Information Agency (PIA), the Commission on Higher
Education (CHED), and the Department of Education (DepEd)
have a role in spreading awareness through preventive education
about the detrimental effects of drug abuse.