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Republic of the Philippines

Nineteenth Congress
Second Regular Session

HOUSE BILL NO. _____

Introduced by:

AN ACT PROVIDING RIGHT OF ACCESS TO MEDICAL CANNABIS, ESTABLISHING THE MEDICAL

SECTION 1. Short Title. - This Act shall be known as the “Access to Medical Cannabis Act”.

SEC. 2. Declaration of Policy. - Pursuant to Section 11, Article XII of the 1987 Philippine 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 services 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 illegal drug trafficking while it
aims to balance and harmonize with the imperative to safeguard people’s right to health. Accordingly, the
prohibitions provided under RA 9165 otherwise known as the “Comprehensive Dangerous Drugs Act of
2002” as Amended, and other related laws should 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) Cannabis refers to every kind, species or varieties 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;

b) 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 authorized cultivation site and dispensary;

c) 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
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condition that is subsequently identified and allowed by the Department of Health through the
Medical Cannabis Office (MCO) established under this Act;

d) Non-debilitating medical condition 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.

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) Accredited physician refers to a licensed physician authorized by the MCO, to issue prescription
on the use of medical cannabis upon a prior and mandatory clearance from the DDB that
physician is not included in the dangerous drugs watch list of the agency.

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 (c) and (d), and who, in the accredited physician’s evaluation, should 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 (MCO). - There is hereby created the MCO, which shall be under
the direct supervision and control of the Department of Health (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 Dangerous Drugs
Board (DDB), the Department of Agriculture (DA) and such other agencies as may be determined by the
DOH.

The MCO shall have a secretariat headed by a Director to be appointed by the DOH Secretary. The
necessary plantilla, staffing pattern, and organizational structure shall be determined by the DOH subject
to existing rules and regulations and approval by the Department of Budget and Management.

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
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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 who will 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;

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 No. 10173, otherwise known as the “Data Privacy Act of 2012”.

SEC. 8. Role of the Food and Drug Administration (FDA). - The FDA, pursuant to its mandate under its
Charter, shall 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 will 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 (CHED). - 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
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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, through the MCO, shall 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, through the DOH, shall 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.

SEC. 14. Prohibited Acts: The following acts shall be prohibited under this Act:

1. Importation, cultivation, manufacture, storage and distribution of medical cannabis, its products,
or derivative without permit from the MCO.
2. 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.
3. Planting and growing for research and development without authority from the MCO.
4. Prescription and administration of medical cannabis by non-accredited physician.
5. Prescription and administration of medical cannabis for more than one (1) year by accredited
physician
6. Use of medical cannabis without prescription or use beyond the prescribed dosage
7. Other analogous acts in this Act performed without authority by the MCO.

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.
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SEC. 15. Implementing Rules and Regulations. - Within ninety (90) days from the effectivity of this Act,
the DOH, in consultation with the DDB, DA, FDA, PDEA and other concerned agencies shall promulgate
the necessary rules and regulations for the effective implementation of this Act.

SEC. 16. Appropriations. - The initial amount of One Billion pesos (Php 1,000,000,000.00) shall be
allocated for the implementation of this Act. Thereafter, such amount as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 17. 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. 18. 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. 19. 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.