By Teofilo Gensoli, Benedict Estrella, Andrei Manzon and Lou Villaluna
INTRODUCTION
The cultivation and use of cannabis is punishable under Republic Act 9165. Despite this, the Dangerous Drug Board found that cannabis is the most commonly abused drug in the country, with a rating of 57%. Although President Rodrigo Duterte expressed his support for the use of medical marijuana and his admission to occasional drug use, his administration pursued a violent crackdown on illegal drugs. Various groups such as Philippine Cannabis Compassion Society and Philippine Organization for the Reform of Marijuana Laws have been lobbying for the legalization of medical marijuana in the country.
Pursuant to Section 11, Article XIII of the 1987 Philippine Constitution, it 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 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 Philippines has already made development in research and allowance of compassionate use of drugs that are unregistered in the country through FDA Administrative Order 1992.
House Bill 6517 is being proposed which provides the prohibition, decriminalization, and legalization policies regarding the possession, use, distribution, and research of medical marijuana. Its aim is to push for the legalization and regulation of the medical use of cannabis which has been confirmed to have beneficial and therapeutic uses to treat medical conditions.
CHAPTER TWO
Statement of the Problem
The House of Representatives on Tuesday passed on third and final reading a measure that would allow the use of and research in medical marijuana in the country – House Bill No. 6517 – “The Philippine Compassionate Medical Cannabis Act”.
This study aims to determine the impact of legalizing medical marijuana in the Philippines. Specifically, this research aimed to answer the following questions:
- How many drug users in the Philippines use marijuana?
- What are the crimes committed by those who use marijuana?
- What are duties of the doctors in providing medical marijuana?
- Whether or not there will be a clear distinction between medical marijuana and recreational marijuana
- Whether or not there will be a decrease of crimes if medical marijuana is legalized
Significance of the Study
The findings of this study hoped to serve as a basis for future legislation in protecting those seeking treatment through medical marijuana and reducing crimes committed by those who distribute or sell marijuana.
Doctors. To remind them of the significance of their role in providing proper care to those seeking medical intervention through marijuana; to provide them a process regarding medical marijuana research; to provide information on the proposed House Bill 6517 and the importance of their participation;
Patients. To inform them of their privileges, liabilities, and limitations when it comes to the procurement of medical marijuana.
Legislators. To help them determine the factors that need more attention and requiring certain measures to safeguard the law to avoid abuse from patients and distributors.
Future Researchers. To aid them in their research, provide information, and serve as a guide in attaining the objectives of their study.
Scope and Limitations
To date, only FDA Administrative Order 1992 enables the compassionate use of drugs that are unregistered in the country. There are no other laws that enable the use of marijuana legally so the researches are unable to provide Philippine data regarding medical marijuana. Proposed House Bill 6517, known as Philippine Compassionate Medical Cannabis Act, legalize the use, distribution, and research of medical marijuana. This research will assess whether there’s a need to legalize medical marijuana.
Definition of Terms
- Cannabis sativa L., Cannabis Americana, 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 or whatsoever.
- Medical Cannabis – the use of cannabis including its constituents, THC, and other cannabinoids, as a physician-recommended form of medicine or herbal therapy. Medical cannabis shall not be used in its raw form.
- Medical use – the delivery, possession, transfer, transportation, or use of cannabis and its devices to treat or alleviate a registered qualified patient’s medical condition or symptoms associated with the patient’s medical condition or symptoms associated with the patient’s debilitating disease or its acquisition, administration, cultivation, or manufacturing for medical purposes.
CHAPTER III
Methodology
Descriptive research is a type of research that is used to describe the characteristics of a population. It collects data that are used to answer a wide range of what, when, and how questions pertaining to a particular population or group.
CHAPTER IV
Discussions and Findings
Data released by the Dangerous Drugs Board around 1.67 million Filipinos aged 10 to 69 are current users of drugs. Cannabis, at 57%, was found to be the most commonly abused dangerous drug.
In Journal of Interpersonal Violence, it was found that marijuana use was associated with a doubling of domestic violence in the U.S. However, there’s still a lack of study in the Philippines regarding the correlation of marijuana use and crimes. The statistics provided does not create a distinction on illegal drugs used to commit a felony or crime.
Section 6 of House Bill 6517 provides that to be considered competent to certify a patient’s medical need to use cannabis for treatment and to prescribe such treatment, a physician shall possess the following qualifications:
- Has an established bona fide relationship with patient;
- Is licensed by the PDEA to prescribe medical cannabis to qualified cannabis patients; and
- Professional knowledge of the use of medical cannabis
Section 2 of The Comprehensive Dangerous Drugs Act provides that the State shall provide measures to achieve a balance in the national drug control program so that the patients with debilitating medical condition may receive adequate amount of treatment and appropriate medications from the regulated use of dangerous drugs.
Section 2 of The Traditional and Alternative Medicine Act of 1997 provides that it shall be the policy of the State to improve the quality and delivery of health care services to the Filipino people through the development of traditional and alternative health care and its integration into the national health care delivery system. It also provides that the State shall seek a legally workable basis by which indigenous societies would own their knowledge of traditional medicine.
FDA Administrative Order No. 4 S. 1992 entitled “Policy and Requirements for Availing of Compassionate Special Permit for Restricted Use of Unregistered Drug and Device Product/Preparation” recognizes the need for drugs and devices product/preparation which are not registered or are in the process of registration in the Philippines by patients who are terminally or seriously ill. Access to these products for these patients is morally, socially, and ethically justified when there is no existing superior alternative therapy that can likely cure or adequately control their conditions.
House Bill 6517, known as Philippine Compassionate Medical Cannabis Act, provides the prohibition, decriminalization, and legalization policies regarding the possession, use, distribution, and research of medical marijuana. Its aim is to push for the legalization and regulation of the medical use of cannabis which has been confirmed to have beneficial and therapeutic uses to treat medical conditions. The passing of House Bill 6517 would enable Filipinos who have certain medical conditions to purchase marijuana safely and without criminal penalties.
Section 4 of House Bill 6517 provides two (2) regulatory agencies. The Department of Health, in consultation with the FDA, shall be the principal regulatory agency for the use of medical cannabis. It shall register and issue licenses to qualified entities engaged in activities related to the use of medical cannabis. The Philippine Drug Enforcement Agency shall have a key role in monitoring and regulating the dispensation of medical cannabis in health facilities. It shall maintain a registry of qualified medical cannabis physicians and caregivers licensed to prescribe and administer medical cannabis to qualified patients under this Act.
Through the aforementioned regulatory agencies and policies, it is easier to create a clear cut distinction between medical marijuana and recreational marijuana.
Due to no legalization of medical marijuana policies in the country yet, there are no studies regarding the impact of legalization of marijuana to the crime rate. But in studies that have been conducted overseas, the researchers stated that the results off their study indicate that medical marijuana laws result in significant reductions in both violent and property crime rates, with larger effects in Mexican border states,” and that “While these results for violent crime rates are consistent with previously reported evidence, we are the first paper to report such an effect on property crime as well. Moreover, the estimated effects of MMLs on property crime rates are substantially larger, which is not surprising given property crimes are more prevalent.”
So until House Bill 6517 is signed, we won’t see the impact it will have on crime rates.
CHAPTER V
Recommendations
Implement and enforce better and more effective drug policies that would encourage people to avoid the use of recreational marijuana. To lessen the chances of abuse, the law must impose more qualifications for doctors to be able to prescribe medical marijuana.
With the violent crackdown on illegal drugs, they should provide certifications or identification that one is eligible to purchase medical marijuana.
Conclusions
There is still a lot of research that needs to be put into medical marijuana. Studies made overseas are not conclusive when it comes to the correlation between legalization of medical marijuana and crime rates.
Sources and References
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6461328/
https://www.ddb.gov.ph/newsroom/511-2019-drug-survey-shows-drug-use-prevalence-rate-falls-to-2-05
https://www.pna.gov.ph/articles/1060435
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6358421/
Philippine Legal Research 