HOUSE BILL 180: PHILIPPINE COMPASSIONATE MEDICAL CANNABIS

ACT Are we ready for this?

“Banning something is the easiest way to make it desirable.”

― Tapan Ghosh, Faceless The Only Way Out

By:

Francis Beatta M. Ramirez

I. INTRODUCTION

A. CANNABIS AS A MEDICAL DRUG

Cannabis has been generally recognized as a detriment to

society at large. Though medical research explains that the impact
when using marijuana varies depending on the strength and quantity
of the dosage and with the state of mind of an individual, it is
accordingly considered as one of the prohibited drugs over the years
throughout the world. Marijuana has been traditionally served as a
threat to society because of misusage. National Institute on Drug
Abuse explains that when marijuana is smoked, chemicals in the plant
pass from the lungs into the bloodstream which rapidly carries them
throughout the body to the brain, the person begins to experience
effects almost immediately wherein many people experience a
pleasant euphoria and sense of relaxation and other common effects,
which may vary dramatically among different people, include
heightened sensory perception (e.g., brighter colors), laughter, altered
perception of time, and increased appetite. On the other hand,
pleasant experiences with marijuana are by no means universal.
Instead of relaxation and euphoria, some people experience anxiety,
fear, distrust, or panic. These effects are more common when a
person takes too much, the marijuana has an unexpectedly high
potency, or the person is inexperienced. People who have taken large
doses of marijuana may experience an acute psychosis, which includes
hallucinations, delusions, and a loss of the sense of personal identity.

Research studies likewise claim that cannabis also known as

marijuana is a plant that has been harvested for hundreds of years in
several parts of the world for the seeds, fiber filaments, medicinal
uses, and psychoactive effects. As Solomon (1966) says marijuana, or
Cannabis sativa, is a plant cultivated for its flowering tops and leaves,
also called hemp, which is a scientifically source of rope, fibers,
birdseed, and medicinal products. In fact, the Philippines once
provided the US with rope from this plant before the Japanese cut the
supply line. In the year of 1937, however, marijuana was banned as
the people misused it. Furthermore, the chemical composition that is
tied to the intoxicating and therapeutic effects are found in sticky
waxes that are released from the flowers of female plants. Dr. Raminta
Daniulaityte (2004), author of the “Marijuana” text in the Encyclopedia
of Women’s Health wrote that “The main psychoactive substance is
generally believed to be delta-9-tetrahydrocannabinol (THC).”
Daniulaityte also explained that from 1850 until around 1940,
cannabis was used legally in American medical practice for a wide
range of conditions. The impact when using marijuana varies
depending on the strength and quantity of the dosage and with the
state of mind of the individual. According to Robert Chapman (2013),
author of the section “Medical Marijuana” in Culture Wars in America,
during the late 1990’s a number of states approved the possession
and use of marijuana for medical treatment. The use of medical
marijuana has become a relevant issue because several states in the
U.S. have started to legalize medical marijuana for several different
treatment purposes, while others argue that using the drug is harmful
and not worth the risk of worsening illnesses. Individuals that support
legalizing the use of medical marijuana believe that the drug can be
helpful with treating a wide variety of diseases and illnesses. Paul
Lagasse (2016), editor of the piece “Marijuana” in The Columbia
Encyclopedia, aforesaid that medicinal marijuana is not just for cancer
and AIDS patients. For example, doctors have found that using the
drug can help lower the pain associated with seizures. According to
Chapman (2013), marijuana is also effective in: lowering internal eye
pressure associated with glaucoma, slowing the onset of blindness;
and alleviating muscle spasticity and chronic pain due to multiple
sclerosis, epilepsy, and spinal cord injuries. This means using medical
marijuana has proven to help with those illnesses, but the list of
diseases is far greater and continues to grow every day. The research
and studies done on using medicinal marijuana as a treatment option
are countless and still being conducted today on a large list of
different illnesses. The research has shown that cannabis can be
beneficial to humans and gives valid information that allows people to
form an opinion that supports prescribing medical marijuana.

Harry DeMonaco (2014), author of the article “Hidden Dangers”

in The Harvard Medical School Commentaries on Health explained that
the drug phenylpropanolamine, a commonly used ingredient in cold
medicine, was removed from the market when it was confirmed that it
increased the risk of having a stroke. DeMonaco also wrote about a
drug called dextromethorphan, another cough suppressant present in
several popular cough syrups that can cause symptoms such as
nausea, vomiting, hot flashes, seizures, and comas.

There are individuals that believe legalizing medical marijuana

increases crime and leads to the abuse of other illegal drugs.
According to Ciment (2013), legalization of marijuana will come at the
expense of our children and public safety. It will create dependency
and treatment issues, and open the door to use of other drugs,
impaired health, delinquent behavior, and drugged drivers.
Furthermore, Ciment (2000) explains that marijuana use is strongly
associated with crimes committed by juveniles. Another reason people
are against using medical marijuana feel that it is a harmful alternative
for the human body. Studies have shown using cannabis can produce
severe withdrawal symptoms such as anxiety, irritability, headaches,
sleeplessness, muscle twitching, sweating and diarrhea (Youngson,
2013). He also wrote that medical marijuana has other effects
including depression of fertility in both sexes, slowing of reflexes,
dilation of blood vessels, and increased heart rate. Also, medical
marijuana can cause organic brain damage, lung cancer, and chronic
bronchitis as well. This means the health risks that are taken when
using medicinal marijuana can become deadly. Opponents that do not
support using medical marijuana have made their opinions based on
studies that have proven the drug to produce harmful outcomes.

Currently, the Philippines is facing ongoing debates over

legalizing medical marijuana. People that support legalizing the drug
feel that marijuana can be helpful in treating diseases and is a safer
option than most pharmaceutical drugs. Individuals that are against
legalizing marijuana for medical treatment believe that it increases
crime rates and is harmful to humans. Opponents that feel strongly
about this issue will never come to an agreement because some
people believe using the drug for medicinal purposes is beneficial,
while others feel the health risks associated with marijuana and the
safety of the public is at stake. Accordingly, considering the negative
effects of marijuana when misused and abused, the crime rate
involving illegal drugs is one of the notorious issues annually. Hence
the present administration’s War on Drugs is strictly observed which
includes illegal sale, illegal possession, as well as illegal use of
marijuana in accordance to Comprehensive Dangerous Drugs Act of
2002 otherwise known as RA 9165 that has a serving sentence of at
least forty (40) years to life imprisonment. However in spite of the
strict implementation of such, Congressman Rodolfo Albano III of
Isabela proposed House Bill 180 known as Philippine Compassionate
Medical Cannabis Act.

B. HOUSE BILL HOUSE BILL 180: PHILIPPINE COMPASSIONATE MEDICAL

CANNABIS ACT

In its explanatory note, the use of cannabis as a remedy dates

back to about 2,500-10,000 years ago in traditional Chinese and
Indian medicine. Studies shows that marijuana or cannabis has
established effects in controlling epileptic seizures, management of
pain in multiple sclerosis and arthritis, treatment of symptoms
associated with HIV-AIDS and palliative care in end-stage cancer
treatment. Based on clinical trials, there are potential medical effects
brought about the use of cannabis as a medicine which includes the
prevention of the spreading of cancer cells, management of anxiety,
slows progression of Alzheimer’s disease and it controls muscle
spasms and tremors. Using cannabis treatment with children who have
epilepsy and seizure disorders have been disclosed to be effective
compared to the injurious side effects of anti-epileptic medications
(Honorable Rodolfo Albano III, 2016).

Isabela 1st Distri6tct Representative Rodolfo Albano III authored

House Bill 180 titled “An Act Providing compassionate and right of
access to medical cannabis and expanding research into its medicinal
properties.” The bill proposed will build “medical cannabis
compassionate centers (MCCC),” or entities “registered with the
Department of Health (DOH) and licensed to acquire, possess,
cultivate, manufacture, deliver, transfer, transport, sell, supply, and
dispense cannabis, devises or related supplies and education materials
to registered qualifying patients.” Consequently, it would also produce
“medical cannabis safety compliance facilities (MCSCF)” which are
entities “registered with the DOH that conduct scientific and medical
research on medical use of cannabis and provide testing services for
its potency and contaminants relative to its safe and efficient use,
cultivation, harvesting, packaging, labeling, distribution and proper
security.” However, the MCCC AND MCSCF should be built not near
1000 feet from schools, colleges, and universities (Cupin, 2017).

In order for the patients to benefit from such proposed bill, it is

necessary that the patient is a “qualified medical cannabis patient”
who has been diagnosed by a certifying physician with bona fide
relationship, which refers to doctor-patient relationship wherein the
physician has made a complete assessment to determine whether the
patient is suffering from a debilitating medical condition. Likewise the
proposed bill includes the qualifications to be a “qualified medical
cannabis physician”.

A thousand of patients in the country suffering from serious and

debilitating diseases will benefit a lot in legalizing the medical use of
marijuana or cannabis. In the 2012 report of the International Agency
for Research on Cancer (IARC), there were 98,200 new diagnosed
cancer cases in a year in the Philippines while 59,000 dies annually
due to cancer. Cancer treatment in the country is unaffordable to
many Filipinos. Depending on what type of cancer, the cost of
treatment ranges from P36,000 to P180,000 for the standard six cycle
chemotherapy. While, PhilHealth helps cover particular cases of cancer
in Z case rate, those patients who are not eligible, still cannot afford
the cost of treatment for cancer (Honorable Rodolfo Albano III, 2016).

Recently, a panel of the House of Representatives approved the

bill proposed by Congressman Albano III. Interestingly, this is not the
first time that the Congressman proposed such bill. He only amended
his first proposed bill regarding legalizing medical cannabis. And such
bill will still have a long deliberative process to go thru before it would
be pass into law. Consequently, the bill comes with consequences,
only a pharmacist with an S3 license issued by the PDEA is allowed to
sell and dispense such drug. Also, the bill seeks to require qualified
patients with debilitating medical conditions to be certified by their
attending physicians and be issued identification cards by the DOH. It
implies that not all patients who have debilitating medical conditions
is not benefitted from the proposed bill but those patients who have
conditions argued above. Although, marijuana is considered as a
dangerous drug in RA 9165 or the Comprehensive Dangerous Drugs
Act of 2002, as argued above it has been proven to show medical
benefits for specific type of patients (Ballaran, 2017). The passage of
House Bill 180 into a law would not only benefit many patients but
also will help cure or prevent certain diseases from spreading or
becoming malignant or worse. Hence, the mortality rate of Filipinos
dying from untreatable illnesses would lessen.

C. STAND OF PHILIPPINE MEDICAL DOCTORS: THERE IS NO NEED FOR

NEW LEGISLATION ON MEDICAL CANNABIS

While a majority of the legislators have approved the idea of

medical marijuana, the Philippine medical groups expressed their
opposition to such proposed bill claiming that it’s more of a risk to
health and safety of the Filipinos than an aid to suppress medical
conditions which involve severe pain.

Accordingly, Philippine doctors want task force on medical

marijuana; considering that medical marijuana may have approved
 by the country’s senior Church leaders, the medical groups in a
joint statement said that the Compassionate Use of Medical
Cannabis does not address the compassionate use of medical
marijuana among selected patients with potential indications since
according to them, there are existing provisions in our health care
system that will allow the compassionate use of marijuana under
the research setting. Hence instead of new legislation, they
proposed the creation of a task force that will review existing
policies and systems, and explore the other options regarding
medical marijuana. In their statement, they assert that the
country’s Dangerous Drugs Board can 1) allow the reclassification
of marijuana as a schedule II drug 2) allow the regulated
importation of oral cannabis extracts and/or synthetic analogues
with proven efficacy for specific conditions not responsive to
standard forms of treatment 3) allow the importation of the plant
for research purposes regulate the prescriptions and use of
marijuana and its analogue and on top of that, they likewise
suggested that the National Integrated research Program on
Medicinal plants and/or the Philippine Institute of Traditional and
Alternative Health Care conduct research on marijuana.

Meanwhile, they believe that the government should put

more funds into making specialists who can diagnose specific
illness and exhaust up-to-date treatment options that are
accessible to the Filipinos.

II. CONCLUSION/STAND

Philippines is undoubtedly one of the most conservative

countries through the globe. Conservative in a sense that we no
longer ponder the thin line of what is good and bad, and more so
what is right and wrong, such that this trait somehow constraints
us to be a better country in different aspects. Accordingly, there is
a necessity to pass the bill to comply with the constitutional
mandates and international obligations of promoting the right to
health. Indeed, marijuana has both advantages and disadvantages;
however based on medical research itself, it provides more benefits
to patients who experience severe or chronic medical conditions.
Hence, the use of medical cannabis is more of a benefit if it is
strictly regulated. While the Philippines continuously face the battle
on Drug War, it is as well important to regard that such battle must
not hinder the right of the people to health.

With the increasing number of epilepsy and cancer patients

in the Philippines, the State must provide accessible and efficient
medical assistance in any means. While a majority of Filipino
doctors opposed the bill stating that it is not compassionate at all
for it would still serve as a ground for research, therefore it only
appears that some are just well-grounded by their fear to commit
unfavorable circumstances.

In fact, the use of cannabis or more commonly known as

marijuana has been controversial for the last one hundred years
and studies around the world unveiled the medicinal aspect of such
herb, and through legalization of cannabis it would give discovery
to the economic and social advantages just as in Colorado.
Colorado is one of the notable states in the US that took a
progressive step in medical and recreational use of cannabis. In
2015, Colorado collected more that $135 million in taxes and fee
for medical and recreational marijuana. In return, this revenue gave
spur to more jobs and business to emerge wherein construction
and rehabilitation of public amenities such as schools, roads, and
scientific research have taken place by using the revenue the
government has collected. Translating this revenue to Philippines
shores will surely bring economic progress and social revolution.
With respect to this, less government fund allocation by
decriminalizing the use of cannabis for medical purposes will divert
this unused for other rehabilitating use for the prosperity of the
Philippines.

Philippines is not the only country who gradually ventures

the effects and benefits of medical marijuana. Cannabis has
showed in multiple studies since 2003 that it can help control
epileptic seizures, wherein the component THC in marijuana
controls seizures by binding the brain cells responsible for
controlling excitability and regulating relaxation. In the United
States of America since the legalization of cannabis, patients
suffering from epileptic seizures found haven in the use of
cannabis; in San Francisco, California, researchers have reported in
2007 that cannabis oil stops cancer by turning of a gene called Id-
1, the study was published in Molecular Cancer Therapeautics
journal. In Israel, cannabis likewise is used to control the tremors
on patients with Parkinsons disease. Medical marijuana is legal in
Israel, as well as in Amsterdam, for multiple medical conditions.
While these are just some of the diseases that cannabis can help
alleviate and control, one thing is for sure, it is for a fact that the
use of cannabis is mostly beneficial in mending chronic diseases to
which the proposed bill actually and extensively suggests.

As the Philippine medical associations suggest that the

National Integrated research Program on Medicinal plants and/or
the Philippine Institute of Traditional and Alternative Health Care
conduct research on marijuana, it likewise appears that the medical
research and practice in the Philippines is limited. Since the
government strictly illegalized marijuana, research on these kind of
aspect has stopped hence it has become difficult for us to explore
and discover more the benefits of such prohibited drug. By
legalizing marijuana, it would further suggest options to medical
practitioners in instituting healthful society.

On the other hand, such proposed bill would test the

efficiency of the government in handling and balancing the right to
health of the Filipino nation. Indeed the legislators have already
assumed that it is for the benefit of the majority through such
proposed bill. While the Philippines is currently strong in protecting
the nation from illegal sale, illegal possession, and as well as illegal
use of drugs, the government must also be cautious to the causes
why until now a majority would still use marijuana, when on the
other hand, such dilemma could serve as an opportunity to instead
alert and provide adequate assistance. Accordingly RA 9165 treats
first-time offenders/users of marijuana as victims, the proposed
bill might as well help address such kind of circumstances.
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