Legal Research

Legalization of Medical Marijuana in the Philippines

Bachelor of Science in Legal Management

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Members:

Calaguas, Michael Andrei D.

Mercado, Donita Marie Kyle C.

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INTRODUCTION:

Marijuana in a general sense has become a drug that is clearly not accepted by our
society. People when they hear the word “Marijuana” they often name people who use it
as “addicts” Nowadays, marijuana is still classified as a drug but by adding the word
“Medical” gave it a new identity that it is reputed to heal various long-term illnesses. If
we are allowing the use of alcohol and cigarettes which are clearly more harmful and
dangerous to our health, why can’t we allow a herb that grows naturally that has been
proven to treat a certain number of diseases such as AIDS, cancer, multiple sclerosis,
epilepsy and others conditions? Just because something is illegal does it necessarily
mean that that certain something is immoral or wrong? Does self-control of individuals
in not being able to control its use be a critical ground regarding to its legalization?
Thousands of lives may be saved but disciplinary actions must be conducted by the
human populace in order to stabilize the continuous use of it as a medicine if it is to be a
part of the law of the land. The 1987 Constitution of the Philippines supports the “Right
of life” stated in the Universal Declaration of Human Rights. Article 3 of the Universal
Declaration of Human Rights states that “Everyone has the right to life, liberty, and
security of person” Medical care is also one of the sub-topics stated in the 25th Article in
the International Human Rights Law. Other factors such as the Catholic Church of the
Philippines has granted the concept of legalizing Medical Marijuana in the Philippines
on the ground that it is part of “Catholic health care ethics”. They tend to treat terminal
cancer patients with medical marijuana as it has been proved to be helpful and effective
in the patient’s situation. In the end, it all winds down to how the general population will
be able to control itself to not abuse this substance when there comes a time when it is
to be considered legal. The use of this will help millions but these millions will have a
counter-part of another million to which it is abuses the effects of medical marijuana as
long as it gets in their hands. Its possession should be tolerated because this drug
might be the answer to everything in the medical field in curing other terminal illnesses.
With the help of basis on the medical field, statutes, and laws we are compelled to
examine some ideas to legalize marijuana for medical purposes as it is no longer
recognized in this nation as a substitute instrument for diseases that are deemed
untreatable or incurable.

BODY:

Marijuana or Cannabis has been illegal in the Philippines since 1972 by virtue of
Republic Act No. 6425, or the Dangerous Drugs Act of 1972. Despite being illegal, there
are some studies that shows how helpful cannabis can be in the medical field. One of
the best examples is the study carried out by the National Institute of Health in the
United States of America. During this study, they personally delivered surveys to one
hundred patients who were coming back for yearly re-certification for medical cannabis
use in Hawaii. There was a 94% response rate. 49.3 and 51 years old, respectively,
were the mean and median ages. Ninety-seven percent of those surveyed said they
mostly used cannabis to treat chronic pain. On a pain scale ranging from 0 to 10, the
average reduction in pain was 5.0 (going from 7.8 to 2.8). This indicates a 64% relative
decrease in average pain. Moreover, half of all respondents reported feeling less
stressed or anxious, and almost half (45%) said they had less sleeplessness. Although
medicinal cannabis is allowed in Hawaii, the majority of patients (71%) reported no
negative effects. However, 6% experienced coughing or throat discomfort, and 5% were
afraid of being arrested. There were no significant side effects noted. These findings
imply that cannabis is a very safe and useful treatment for many people with chronic
pain. Cannabis appears to aid with pain, sleeplessness, and anxiety relief.

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Clearly, it has demonstrated great promise in the treatment of a wide range of illnesses.
While in the Philippines, we still classify cannabis as an illegal drug. We are depriving
our people to have a cheaper, accessible, and effective alternative remedy to their
illnesses. According to different studies from different countries like United States and
Thailand, cannabis has been confirmed to have beneficial and therapeutic uses for
known debilitating medical conditions. Medical marijuana can provide several health
care benefits, including pain management for cancer patients, treatment for insomnia,
epilepsy and other debilitating medical conditions including the famous Parkinson’s
disease. Let us first talk about the duties and responsibilities of a medical practitioner
bestowed upon them by the Hippocratic Oath. Under the Oath, the physician is promise
“to continue with diligence in keeping abreast with the advancement of medicine”, be
that as it may, wherever there is a possible cure that may be discovered through the
source of anything, the physician has to use this. The Oath also contains a statement
mentioning “I will follow that method of treatment which according to my ability and
judgment I consider for the benefit of my patient and abstain from whatever is harmful or
mischievous.” In this case, we can assume that in relation to medical marijuana, we can
put it in the methods of treatment. There are many cases to which medical marijuana
has helped lots of people in curing their own diseases. One famous case is the case of
Charlotte Figi, daughter of Matt and Paige Figi. Charlotte was born on October 18,
2006. She was diagnosed with Dravet Syndrome. A rare severe form of intractable
epilepsy, this means that the seizures are uncontrollable even with medication. It usually
starts after the child has reached the age of 1. She was taking seven drugs to help her
with her illness but it was for naught. Her parents decided to bring her to Chicago, to
see a Dravet specialist who prescribed her a diet. Matt and Paige then found another
treatment for this syndrome, the use of medical marijuana which worked for a boy in
California. They tried to get hold of medical marijuana through Dr. Alan Shackelford and
Dr. Margaret Gedde who had numerous cases of medical marijuana patients. These
were the doctors that signed the papers for proper and legal use to Charlotte. Seeing
that this was the only medication that could work, the doctors prescribed in the papers
that “they had exhausted all of her treatment options. They really weren’t any steps they
could take beyond what they had done. Everything had been tried-except cannabis”.
Fortunately, the medication work for Charlotte. This case promoted the stipulation
contained in the oath that every physician follows through the use of medical marijuana:
they had the chance to exercise their right to everything in their power to cure the
patient in a manner that is considered illegal to all. Another case if from here in the
Philippines; the case of Moon Jaden Yutuc. Marijuana was still illegal in the Philippines
and through that, the parents of Moon Jaden were not prescribed this medication even
though it may improve the status of the child. Unfortunately, time was their enemy and
Moon Jaden died before his father Jun could get a hold of medical marijuana through
black market. It is clear that the due to cannabis illegalization, the physicians have been
put in a tight position to either prescribe the use of medical marijuana to the patients
even though it will be the last resort. Everybody is liable to follow the law; thus resulting
in force use with strict prohibitions regarding the R.A 9165 and non-compliance with
their Oath. Section 11, article 13 of the 1987 Constitution of the Republic of the
Philippines states that is shall be the policy of the state to adopt an integrated and
comprehensive approach to health development which shall endeavor to make
essential goods, health, and other social services available to all people at an affordable
cost. Article 2, section 15 of the Constitution also states that the state shall protect and
promote the right to health of the people and instill health consciousness among them.
Depriving the people to have access to a better and safer alternative remedy to their
chronic illnesses is like depriving them of their right to health.

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In addition, the Philippine Compassionate Medical Cannabis Act, also known as the
House Bill 6517, aims to legalize and regulate the use, distribution, and research of
medical marijuana. The bill provides prohibition, decriminalization, and legalization
policies regarding the possession, use, distribution, and research of medical marijuana.
It is aligned with the constitutional mandate to provide essential goods and services,
including health care, to all Filipinos. In addition to that, according to several medical
research, medical marijuana is not a synthetic drug meaning to say, it is not medically
modified, on the contrary, it is all organic and safe to use because it does not have
significant side effects, making it a potentially safer alternative to traditional medicines.
Furthermore, the legalization of cannabis in the Philippines for medical purposes is a
signatory to the 1961 United Nations Single Convention on Narcotic Drugs, which
classifies cannabis as a Schedule 1 drug, limiting its use to medical and scientific
purposes. The use of cannabis for medical purposes is provided for by both existing and
international and national law. Section 3 of the Universal Declaration of Human Rights
states that: everyone has the right to life, liberty, and security of person. The United
Nations’ actions are founded on these principles. They serve as the backbone of how
each individual is free and have rights that he should be able to enjoy life up to its full
extent. To say that each and every one of us has the right to life, it should go without
saying that this should also come with being given the proper cure and medicine for the
benefit of our health and the betterment of sickness that we may acquire and that
includes the use of medical cannabis.

CONCLUSION:

Aside from treating various chronic illnesses, cannabis legalization for medical purposes
could generate revenue for the government through taxes and fees, similar to how
alcohol and cigarettes are taxed. This revenue could be used to fund healthcare
services and improve the overall healthcare system. Its legalization can also reduce
criminalization since legalizing cannabis would reduce the burden on the criminal justice
system, as patients would no longer be prosecuted for using a substance that is now
prohibited although it is already permitted in the Philippines due to a 1992 Department
of Health (DOH) Administrative Order and the Comprehensive Dangerous Drugs Act of
2002, it is not easily accessible to patients who need it for legitimate medical purposes
since it classified in RA 9165 as an illegal drug. In addition, this would be a big help for
the law enforcement since their resources can now be directed towards more serious
crimes. Therefore, legalizing cannabis for medical purposes provides both significant
medical and economic benefits in our country, and we, as researchers, support its
legalization.

1. Therapeutic Benefits of Cannabis: A patient Survey available at

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/
2. Charlotte Figi Case available at https://pubmed.ncbi.nlm.nih.gov/24854149/
3. Moon Jade Yutuc Case available at https://businessmirror.com.ph/2020/02/24/no-
more-need-for-medical-marijuana-bill/
4. Const. (1987) , Art. XIII, Sec. 11
5. Const. (1987) , Art. II, Sec. 15
6. House Bill. No 6517 available at
https://www.congress.gov.ph/press/details.php?pressid=11248
7. Art III, Universal Declaration of Human Rights available at
https://www.un.org/en/about-us/universal-declaration-of-human-
rights#:~:text=Article%203,liberty%20and%20security%20of%20person.
8. Single Convention on Narcotic Drugs, 1961, 18 U.S.T. 1407, 520 U.N.T.S. 204,
available at https://www.emcdda.europa.eu/drugs-library/single-convention-narcotic-
drugs-1961_en