Dear Attorney,
I am inquiring about the legal implications of using marijuana for medicinal purposes in the Philippines. I am particularly concerned about the legality surrounding its prescription, possession, and potential consequences under Philippine law. Could you provide guidance on how the law views this and what steps I should take if I require medical marijuana treatment?
Insights
Under Philippine law, marijuana remains classified as an illegal substance under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002. The law strictly prohibits the possession, use, and sale of marijuana. However, recent legal developments have led to a broader discussion regarding its potential medical benefits.
In 2019, the Philippine House of Representatives passed House Bill 6517, known as the "Philippine Compassionate Medical Cannabis Act." This bill seeks to legalize and regulate the medical use of marijuana for qualified patients with debilitating medical conditions. Though not yet enacted into law, the bill proposes to allow licensed physicians to prescribe medical marijuana under strict conditions.
The current legal landscape allows for very limited exceptions. Republic Act No. 9165 provides for a "Compassionate Use Special Permit" granted by the Food and Drug Administration (FDA) for specific medical conditions. The FDA permits access to cannabis-based medications on a case-by-case basis.
However, the possession and use of marijuana outside of these special permits can lead to criminal charges, including imprisonment. It is critical for anyone seeking medical marijuana treatment to ensure that they follow legal avenues such as obtaining proper permits from the FDA and adhering to proposed future regulations.
If you believe you may qualify for medical marijuana treatment under Philippine law, consult a medical professional who can guide you through the process of applying for the necessary permits. Always be mindful of the legal risks of unregulated marijuana use, as penalties remain severe.