Bona Fide Relationship Refers To 1 A Physician and Patient Relationship Wherein A Licensed Physician Has Made A Complete Assessment of The Patient

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Bona fide relationship refers to 1 a physician and patient relationship wherein a

licensed physician has made a complete assessment of the patients 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;
Medical use refers to delivery, possession, transfer, transportation, or use of
cannabis and its paraphernalia to treat or alleviate a registered qualified patients
medical condition or symptoms associated with the patients debilitating disease or
its acquisition, administration, cultivation, or manufacturing for medical purposes.
SEC. 5. Powers and Functions. The Authority shall have the following powers
and functions:
a) Approve the recommendation made by the certifying doctor who has a bona
fide relationship with the patient that, after completing a medical assessment of the
patients medical history and current medical condition, including an appropriate
personal physical examination, in his professional medical opinion, a patient is
suffering from a debilitating medical condition, and is likely to receive therapeutic
or palliative benefit from the medical use of cannabis.
b) Issue registry identification cards to patients and caregivers who are qualified or
allowed to use and administer cannabis upon qualification and submission of the
requirements set by the Authority;
SEC. 9. Qualified Medical Cannabis Physician. To be competent to certify the
patients medical need to use cannabis for treatment, a physician shall have the
following qualifications:
a) a doctors degree in medicine;
b) a bona fide relationship with the patient; and
c) license to prescribe drugs
d) professional knowledge of the use of medical cannabis
SEC. 10. Qualified Medical Cannabis Patient. 1 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 physicians professional opinion will receive
therapeutic or palliative benefits from the medical use of cannabis.

SEC. 11. Identification Cards. The Authority shall issue registered identification
(ID) cards to qualified patients after a careful review of the documents required by
the Authority 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 health care
decisions for the qualifying patient and she/he consents in writing to the following:
a) Allow the qualified patients medical use of cannabis;
b) Serve as the qualified patients designated caregiver; and
c) Control the acquisition, dosage, the frequency of medical use of cannabis by the
patient.
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;
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 physicians professional opinion, a patient is likely
to receive therapeutic or palliative benefit from the medical use of cannabis to
treat or alleviate the patients 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 patients 1
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.

e) Registered medical cannabis safety compliance facility and its agents for
possessing and testing cannabis for medical research and compliance purposes.
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
treatment to qualified patient.
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 1 chapter, unless the persons 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.
c) 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. It 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,
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 1 any financial interest;
c) A registered 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 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 1 (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 Authority. The Authority shall constitute a committee that will review
documents and evidence of the case and shall recommend action to be taken by the
Director-General.

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