Dear Attorney,

I would like to inquire about the legality of using marijuana for medical purposes in the Philippines. As someone who is interested in exploring alternative treatments for certain medical conditions, I am concerned about whether it is legally permissible to use marijuana in this context. Could you clarify the legal standing on this matter? I am looking for guidance on whether it is advisable to pursue medical marijuana or if it remains fully prohibited under current Philippine law.

Thank you for your time and attention.

Sincerely,
A Concerned Individual

Insights

The legal concept involved in this inquiry is the use of marijuana for medical purposes, which intersects with laws on drug regulation, healthcare, and public safety. In the Philippines, marijuana (cannabis) remains classified as a dangerous drug under Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. This law makes the cultivation, possession, sale, and use of marijuana illegal, even for medicinal purposes, unless specific exceptions are provided for by law.

1. Current Legal Framework Under RA 9165

The Comprehensive Dangerous Drugs Act explicitly criminalizes all activities related to the production, trafficking, and use of marijuana. Under this law, marijuana is listed as a Schedule I substance, which means it is considered to have a high potential for abuse and no accepted medical use in the Philippines. Consequently, any person caught possessing or using marijuana can face severe penalties, including lengthy prison sentences and hefty fines.

Key Provisions:

Section 11 of RA 9165 penalizes the possession of dangerous drugs, including marijuana. Depending on the quantity, penalties range from 12 years to life imprisonment.
Section 16 criminalizes the cultivation of marijuana plants with penalties ranging from life imprisonment to death (before the abolishment of the death penalty in the Philippines).
Section 5 outlaws the sale, trading, or distribution of marijuana, with penalties of life imprisonment and fines up to P10 million.

However, the landscape for marijuana use, particularly for medical purposes, is evolving due to advances in research and increasing advocacy. This opens up a debate on whether the current law is too restrictive, especially for patients suffering from chronic pain, epilepsy, or cancer-related symptoms.

2. Recent Developments in Philippine Legislation

The push for medical marijuana in the Philippines gained momentum with the filing of various bills aimed at amending RA 9165 to allow the controlled use of marijuana for therapeutic purposes. The most notable legislative proposal is the Philippine Compassionate Medical Cannabis Act, which seeks to legalize and regulate the use of cannabis for medical purposes.

While this bill has garnered support, especially from groups advocating for patients' rights, it remains under deliberation in Congress. It aims to establish a Medical Cannabis Compassionate Center where registered physicians can prescribe cannabis for patients diagnosed with specific medical conditions. Despite these developments, it is important to note that medical marijuana has not yet been legalized in the Philippines as of today.

3. Compassionate Special Permit (CSP)

Under the current framework, the Food and Drug Administration (FDA) of the Philippines allows access to otherwise illegal drugs under a Compassionate Special Permit (CSP). This special permit applies to medicines not yet registered in the country but considered necessary for the treatment of a patient’s condition. Although the CSP does not expressly legalize marijuana, it has been used to grant patients access to cannabis-derived medication like cannabidiol (CBD) oil, especially for conditions like epilepsy.

The CSP is granted on a case-by-case basis, typically upon the recommendation of a licensed physician. Patients or their representatives may request this permit through the FDA, but approval is not guaranteed. It is critical to emphasize that the CSP does not provide an overarching legalization of marijuana; it merely provides access to specific medicinal formulations under strict supervision.

4. Global Perspectives on Medical Marijuana and Their Relevance to the Philippines

Countries such as Canada, Israel, Germany, and parts of the United States have adopted a more progressive stance on medical marijuana, recognizing its potential therapeutic benefits for various medical conditions. In these jurisdictions, medical cannabis is carefully regulated, with mechanisms to control its production, distribution, and use. Medical cannabis patients are often required to obtain prescriptions, and the cannabis is dispensed through authorized outlets under stringent conditions.

The experience of these countries could serve as a model for the Philippines if and when the government decides to legalize medical marijuana. Key factors for a successful implementation include:

Establishing a regulatory body to oversee the cultivation, distribution, and use of medical marijuana.
Strict guidelines for physicians who will prescribe marijuana to ensure that it is only used for legitimate medical purposes.
Clear parameters for patients on the conditions eligible for treatment with marijuana, as well as the forms in which cannabis may be administered (e.g., oils, pills, patches).

5. Legal Risks and Penalties

Until medical marijuana is explicitly legalized, any use of marijuana outside the parameters of a Compassionate Special Permit remains illegal. Even if marijuana were to be used for legitimate medical reasons without proper authorization, individuals could still face serious legal consequences under RA 9165. Therefore, anyone considering the use of marijuana for medical purposes must proceed with extreme caution and seek appropriate legal and medical guidance.

In summary:

Medical marijuana remains illegal in the Philippines under RA 9165, except under extremely limited circumstances through the FDA's Compassionate Special Permit.
Legislative efforts, such as the Philippine Compassionate Medical Cannabis Act, continue to be debated in Congress but have not yet been passed into law.
Individuals interested in pursuing medical marijuana should seek legal advice and explore legitimate options, such as applying for a CSP, to avoid criminal liability.

6. Prospects for Legalization

While the move toward medical marijuana legalization is gaining traction globally, the Philippines remains cautious due to concerns about misuse and the country’s ongoing battle against illegal drugs. Public opinion on medical marijuana is divided, and the current administration's anti-drug stance adds another layer of complexity to the issue. However, the health benefits recognized by other countries may continue to shape public discourse, and future administrations may take a more progressive approach toward medical marijuana.

Thus, although it is currently illegal, the evolving discourse around medical marijuana suggests that the Philippines may eventually adopt a more permissive stance. Until that time, any patient considering medical marijuana must follow existing legal procedures to avoid harsh penalties.