The recent article above, the legalization of marijuana (medical and recreational) in Canada and the imminent legalization of marijuana (medical only) in the UK led me to revisit a concept paper I authored in 2017--see below.
Medical Cannabis Oil Production in an
Integrated Agro-Industrial Facility
Nampicuan, Nueva Ecija, Philippines
A Concept Paper, October 2017
A bill that would
legalize and regulate the medical use of cannabis recently hurdled the House
Committee on Health–see Exhibit A below. A related bill contemplating the reintroduction of the cultivation of hemp in the Philippines has also gained traction in the Lower House--House Bill No. 4990, An Act Legalizing the Cultivation of Hemp as an Industrial Crop thereby Establishing the Industrial Hemp Research and Providing Funds Therefore. Although these bills still have a long way to go before becoming a law, this
concept paper explores the potential of an integrated agro-industrial facility
in Nampicuan, Nueva Ecija for the cultivation and processing of cannabis for
medical use in the local and international market, subject to the passage of
the appropriate enabling law.
Medical
Cannabis Oil
Medical Cannabis Oil, also known as CBD Rich Hemp
Oil, is sold in all 50 States of the United States today. It is a high-value
agricultural-based commodity in a global sunrise industry.
Assuming
the Philippines could capture 5% of this US CBD market, this would represent an
annual market value of $105 million (P5.355 billion @ P51 per US dollar) in
2020 or approximately 30% of the total value of tuna exported by the
Philippines in 2015. Assuming further that the Province of Nueva Ecija approves
the first integrated agro-industrial CBD Rich Hemp plantation and extraction
facility with the goal of eventually capturing one-tenth of 5% of the US CBD
market, that would be an annual export value of $10.5 million (~P536 million)
infused into the provincial economy.
“Cannabidiol
or CBD as it is commonly abbreviated, is one of the most prevalent Cannabinoids
found within the Cannabis plant and it's various subspecies. It is one of
around 111 odd cannabinoids currently known to exist. CBD has garnered a lot of
interest over the last several years, as research both old and new seems to
point to many amazing applications for this substance, as well as the flood of
anecdotal evidence currently being presented by those that have been using CBD
for various issues over the last several years. CBD is considered to be
safe after some 40 years of study in countries such as Israel, with no known
adverse side effects to humans.”
Integrated
Agro-Industrial Facility
Along the
lines of the establishment of sugar mills in the Philippines from the 1850’s to
the early 20th century, constituting one of the most significant
spikes in the growth of the agro-industrial sector in the country’s history
(albeit due to the preferential treatment or duty-free export of Philippine
sugar in the US market at that time), the establishment of CBD Rich Hemp Oil
extraction facilities adjacent to where the raw material is cultivated in the
context of a globally burgeoning industry presents another compelling
opportunity in the Philippine agro-industrial sector.
The key
is not only in cultivating the raw material but in processing the same to
create a competitive finished product that is readily delivered to the
international market. The success of such integrated agro-industrial facilities
is evident in the top agricultural exports of the Philippines today including
coconut oil, fresh banana, pineapple and related products and tuna. CBD Rich Hemp
Oil could be the next on this list of finished agricultural products exported
by the Philippines.
Nampicuan,
Nueva Ecija
Unlike
the production of sugar, which requires a tremendous amount of land (in the
thousands of hectares) and capital (in the tens of millions of US dollars for
the sugar mill alone or even in the hundreds of millions of US dollars if the
logistical components such as railroads and/or trucking/roads and seaports are
included) to achieve economies of scale in production and delivery to market,
the commercial production of CBD Rich Hemp Oil requires considerably less area
for cultivation and relatively less capital for the extraction
facility/refinery.
The
Gallego Farm in Nampicuan, Nueva Ecija, which currently has a modest cattle
operation covering an area of approximately 50 hectares, could serve as the
first site of an integrated agro-industrial facility that (a) cultivates the
raw material and (b) processes the same to produce CBD Rich Hemp Oil. (As a point of
reference, one of the largest CBD Rich Hemp plantations in the United States to
date is 250 hectares.)
 |
| CBD Rich Hemp Plantation in Southern Colorado, USA (with extraction facility at the rear) |
Unlike
sugar, which is produced in tens or hundreds of thousands of metric tons
requiring massive investments in logistical infrastructure, CBD Rich Hemp Oil
is a concentrated high-value finished product (relatively minute volume of oil
derived in contrast to the amount of agricultural biomass that is processed,
similar to the Ilang-Ilang essential oil produced in Anao) that can be
delivered to the international market through the existing infrastructure to
and from Nampicuan, particularly the expressways (TPLEX, SCTEX and NLEX) and
the existing international airports and seaports in Clark, Subic and Manila.
In broad
terms, a commercial CBD Rich Hemp plantation and corresponding state-of-the-art
extraction facility could be established entirely within the 50 hectare area of
the Gallego Farm with a total investment of about $4 million. The finished
product would also be packaged in-house and exported until such time that the
local market takes-up a portion of the production.
Over the
course of time and depending on the provisions of the law, the area planted to
CBD Rich Hemp could be expanded outside the 50 hectare agro-industrial facility
(within the Municipality of Nampicuan) through contract growing to benefit the
local farmers. This is also analogous to the established sugar mill business
model in the country, which relies heavily on contract growing outside the
sugar mill complex.
An
alternative to factory locators
In line
with Mayor Badar’s vision to introduce industrial development in the
Municipality of Nampicuan, the Gallego Family continues to seek factory
locators to provide jobs to the local community. In light of current peace and
order concerns in Nampicuan, attracting said factory locators and investors is
proving to be much more challenging than anticipated in spite of Nampicuan’s
close proximity to the TPLEX. Hence, this concept paper on a potential
integrated agro-industrial facility (CBD Rich Hemp plantation and extraction
facility) to be undertaken by the Gallego Family or a member or members thereof
may be a long-term alternative in the event the appropriate legislation is
enacted.
Legislative
Intervention
Even at
this early stage of legislative deliberations on the legalization of medical
cannabis, stakeholders in the agricultural sector should be involved to derive
the economic benefits from the establishment and growth of this particular
industry. In fact, due to the propensity of highly developed economies, like
the United States, to over-regulate the cultivation and the processing of
medical cannabis, Philippine legislation on the legalization of medical
cannabis could specifically be calibrated to maximize the (a) economic yields
of local stakeholders (growers and refiners) and (b) medical benefits to the
market (e.g., broadening the medical
cannabis program beyond CBD oil, including whole plant medicine).
Resolution
from the Sangguniang Bayan
If
Nampicuan is interested in harnessing the future economic benefits of the
medical cannabis industry, the Municipal Government should manifest and
articulate its intent to Congresswoman Suansing, so that she could intervene in
crafting a medical cannabis bill that would promote the economic benefits to
the agro-industrial sector and ultimately facilitate the establishment of an integrated CBD Rich Hemp plantation
and extraction facility in Nampicuan, and contract growing of CBD Rich Hemp in the area.
Further,
the Municipal Government should designate a knowledgeable representative to
work with the office of Congresswoman Suansing in crafting the said bill to
promote the interests of the Province of Nueva Ecija in general and the
Municipality of Nampicuan in particular.
Paradigm
Shifts in the Medical Community
Refined
sugar has been a major part of the human diet over the last few hundred years.
Hence, it is not surprising that hardly anyone acknowledged anything wrong with
sugar. However, relatively recent published medical research has determined
that excessive sugar consumption is a major factor in the epidemic of
degenerative diseases, including many types of cancer, obesity, type II diabetes,
hypertension and heart disease, which currently afflict our modern society. It
is not surprising, therefore, that the pending tax reform law will be imposing
a substantial excise tax on sweetened beverages to mitigate the health risks of
excessive sugar consumption.
Although marijuana has an even longer history of human use compared to sugar (it was likely used as herbal medicine in Asia as early as 500 BC), political and racial factors in the 20th century led to its criminalization in the United States. However, because of new scientific discoveries, such as the benefits of CBD to the Encocannabinoid System (ECS, responsible for regulating all sorts of bodily processes, including mood, metabolism, reproduction, pain and immune functions), medical cannabis is regaining acceptance in the progressive medical community and being decriminalized in more and more countries all over the world.
The point is, advances in science and technology are debunking traditional and mistaken notions of health and medicine, like the universal acceptance of sugar in the human diet and the criminalization of marijuana. By embracing these irreversible paradigm shifts early on, certain communities and countries might just be able to derive a substantial and sustained economic benefit as first movers.
Medical
Cannabis Capital of the Philippines
In the
same manner that General Santos is known as “The Tuna Capital of the
Philippines” and Davao del Norte is known as “The Banana Capital of the
Philippines”, Nampicuan, Nueva Ecija could conceivably be known as “The Medical
Cannabis Capital of the Philippines”. The house bill still has a long way to
go; however, the groundwork in terms of crafting the appropriate legislation
and permitting the integrated agro-industrial facility and contract growing of CBD
Rich Hemp in Nampicuan needs to start today. Seizing this opportunity is in the hands of the leadership of the
Municipality of Nampicuan and the Province of Nueva Ecija.
Exhibit A
HOUSE BILL NO. 180
(as refiled)
Introduced by
Honorable Rodolfo T. Albano III
Seventeenth Congress
First Regular Session
Seventeenth Congress
First Regular Session
EXPLANATORY NOTE
The recorded use of cannabis as medicine goes back to about
2,500-10,000 years ago in traditional Chinese and Indian medicine. Recent
studies show that cannabis has established effects on control of epileptic
seizures, pain management in multiple sclerosis and arthritis, treatment of
symptoms associated with HIV-AIDS and palliative care in end-stage cancer
treatment. Potential medical effects based on clinical trials include
prevention of cancer from spreading, management of anxiety, slows progression
of Alzheimer’s disease and control of muscle spasms and tremors. Cannabis use
in children with epilepsy and seizure disorders have been shown to be effective
without the deleterious side effects of anti-epileptic medications.
Cannabis has many currently accepted medical uses in the US,
having been recommended by thousands of licensed physicians and more than
500,000 patients in 26 states including the District of Columbia with medical
marijuana laws. At the federal level, a bipartisan bill known as the CARERS Act
has been introduced in both Houses legalizing the use of cannabis. Israel,
Canada, the Netherlands and the Czech Republic have enacted medical cannabis
laws that remove criminal sanctions for the medical use of cannabis, define
eligibility for such use, and allow some means of access, in most cases,
through a dispensary. Other states in the European Union, such as Finland, Portugal,
Spain and Luxembourg, in recognition of the medical value of cannabis, have
developed various forms of de facto decriminalization, where possession and use
of cannabis, rarely lead to criminal prosecution.
In the Philippines, thousands of patients suffering from serious
and debilitating diseases will benefit from legalizing the medical use of
cannabis. According to 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
country while 59,000 are dying of cancer annually. Cancer treatment in the
country is prohibitive. Depending on the type of cancer, cost of treatment
ranges from P36,000 to P180,000 for standard 6 cycles of chemotherapy. While
PhilHealth helps cover some cases of Cancer in Z case rate, patients who are
not eligible still have out of pocket expenses for chemotherapy treatments.
While many patients may still opt for conventional and orthodox
treatment, the intention of this bill is to invoke the right of the patient to
choose treatment and the duty of the physician to honor the patient’s decision
as well as to inform the patient of the side effects of such treatment. It is
the intention of this bill to have a harmonious partnership between the
physician and a patient where no one is above the other. Its objective is for
the patient to have access to safe, affordable, available medical cannabis
prescribed by a registered physician in cases where cannabis has been found to
be effective in prevention, treatment and management of specified symptoms,
illnesses and diseases. This is in line with Section 11 of the Philippine
Constitution which states that it is “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 use of cannabis for medicinal purposes is provided for by
both existing international and national law. The Single Convention on Narcotic
Drugs, 1961 as amended by the 1972 Protocol provides in its Preamble :
“Recognizing that the medical use of narcotic drugs continues to be
indispensable for the relief of pain and suffering and that adequate provisions
must be made to ensure the availability of narcotic drugs for such purposes.”
It further provides in Article 4 that “subject to the provisions of this
Convention, to limit exclusively to medical and scientific purpose the
production, manufacture, export, import, distribution, trade in, use and
possession of drugs.” On the other hand, The “Dangerous Drugs Act of 2002”
recognized the medical use of drugs classified as dangerous drugs including
marijuana when it said in Section 2: “The government shall, however aim to
achieve a balance in the national drug control program so that people with
legitimate medical needs are not prevented from being treated with adequate
amounts of appropriate medications, which include the use of dangerous drugs.”
This Act should not be deemed in any manner to advocate,
authorize, promote, or legally or socially accept the use of cannabis or
marijuana for any non-medical use. For this reason, it provides for control
measures and regulation on the medical use of cannabis to ensure patient’s
safety and for effective and efficient implementation of this Act.
In view of the foregoing, approval of this bill is earnestly
sought.
HOUSE BILL NO. 180
AN ACT PROVIDING COMPASSIONATE AND RIGHT OF ACCESS TO MEDICAL
CANNABIS AND EXPANDING RESEARCH INTO ITS MEDICINAL PROPERTIES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the
"Philippine Compassionate Medical Cannabis Act”
SECTION 2. Statement of Policy. –Section 11 of the Philippine
Constitution explicitly states that it is “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.
Section 2 of the Dangerous Drugs Act provides that the state
shall provide measures to achieve a balance in the national drug control
program so that patients with debilitating medical condition may receive
adequate amount of treatment and appropriate medications from the regulated use
of dangerous drugs.
Toward this end, the State shall legalize and regulate the
medical use of cannabis which has been confirmed to have beneficial and
therapeutic uses to treat chronic or deblitating disease or medical condition
that produces one or more of the following: cachexia or wasting syndrome;
severe and chronic pain; severe nausea; seizures, including but not limited to
those characteristic of epilepsy; or severe and persistent muscle spasms,
including but not limited to those associated with multiple sclerosis.
SECTION 3. Definition of Terms. – As used in this Act:
a) Bona fide relationship refers to a physician and patient
relationship wherein a licensed physician has made a complete assessment of the
patient’s medical history and current medical condition, including an
appropriate diagnostic and personal physical examination sufficient to
determine that the patient is suffering from a debilitating medical condition;
b) Cannabis refers to every kind, class, genus, specie of the
plant 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 whatsoever;
c) Compassionate - a virtue combining concepts such as sympathy,
empathy, fellow feeling, benevolence, care, love, and sometimes pity and mercy.
A profound awareness of another's suffering coupled with a desire to alleviate
that suffering.
d) Medical Cannabis Compassionate Center refers to any entity
registered with the Department of Health and licensed to acquire, possess,
cultivate, manufacture, deliver, transfer, transport, sell, supply and dispense
cannabis, devices or related supplies and educational materials to registered
qualifying patients.
e) Medical Cannabis Safety Compliance Facility refers to any
entity registered with the Department of Health that conducts scientific and
medical research on medical use of cannabis and provides testing services for
its potency and contaminants relative to its safe and efficient use,
cultivation, harvesting, packaging, labelling, distribution and proper
security;
f) Debilitating medical condition means one or more of the
following:
(1) Cancer;
(2) Glaucoma;
(3) Multiple sclerosis;
(4) Damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) Epilepsy;
(6) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) Admitted into hospice care;
(8) Post-traumatic stress disorder;
(9) Rheumatoid arthritis or similar chronic autoimmune inflammatory disorders; or
(10) any other debilitating medical condition or its treatment that is added by the Department of Health as recommended by a panel of doctors constituted for this purpose.
(1) Cancer;
(2) Glaucoma;
(3) Multiple sclerosis;
(4) Damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(5) Epilepsy;
(6) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(7) Admitted into hospice care;
(8) Post-traumatic stress disorder;
(9) Rheumatoid arthritis or similar chronic autoimmune inflammatory disorders; or
(10) any other debilitating medical condition or its treatment that is added by the Department of Health as recommended by a panel of doctors constituted for this purpose.
g) Medical use refers to 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 debilitating disease or its acquisition, administration,
cultivation, or manufacturing for medical purposes.
Section 4. The Secretary of the Department of Health herein
referred to as the Secretary shall lead the formulation of regulations to
implement this Act.
Section 5. There is hereby established in the Department an
Advisory Committee on Medical Use of Cannabis, hereinafter referred to as the
Advisory Committee to advise the Secretary on formulating regulations under this
Act and on any matters related to the implementation of this Act. The members
of the Advisory Committee and Subcommittee of the Advisory Committee shall be
appointed by the Secretary. It shall include but not limited to health care
practitioners, patients or representatives of patients with debilitating
conditions, experts in the regulation of controlled substances for medical use,
medical cannabis industry professionals and law enforcement agencies. The
Secretary shall form a subcommittee to advise the Secretary on clinical matters
relating to medical cannabis, the members of which shall predominantly be
clinical professionals in appropriate areas of expertise and shall also include
representatives of patients. Members of the subcommittee need not be members of
the Advisory Committee. Both members of the Advisory Committee and Subcommittee
shall serve at the pleasure of the Secretary. Members of the Advisory Committee
and Subcommittee may receive reimbursement for their reasonable and necessary
expenses incurred as Members of the Advisory Committee or Subcommittee.
SECTION 6. Qualified Medical Cannabis Physician. – To be
competent to certify the patient’s medical need to use cannabis for treatment,
a physician shall have the following qualifications:
a) a doctor’s degree in medicine;
b) a bona fide relationship with the patient; and
c) license to prescribe drugs
d) professional knowledge of the use of medical cannabis
SECTION 7. Qualified Medical Cannabis Patient. – “Qualifying
patient” means a person who has been diagnosed by a certifying physician with
bona fide relationship with the patient as having debilitating medical
condition as defined in Section 3 (e) and who in the physician’s professional
opinion will receive therapeutic or palliative benefits from the medical use of
cannabis.
SECTION 8. Identification Cards. – The Secretary shall issue
registered identification (ID) cards to qualified patients after a careful
review of the documents required by the Department and included in the
implementing rules and regulations of this Act.
If the qualified patient is younger than eighteen (18) years of age, the certifying physician shall not recommend the issuance of the ID card unless she/he has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian who has the responsibility for health care decisions for the qualifying patient and she/he consents in writing to the following:
If the qualified patient is younger than eighteen (18) years of age, the certifying physician shall not recommend the issuance of the ID card unless she/he has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian who has the responsibility for health care decisions for the qualifying patient and she/he consents in writing to the following:
a) Allow the qualified patient’s medical use of cannabis;
b) Serve as the qualified patient’s designated caregiver; and
c) Control the acquisition, dosage, the frequency of medical use
of cannabis by the patient.
SECTION 9. Medical Cannabis Patient Caregiver. – A cannabis
patient caregiver must be at least 21 years of age and must not have been
convicted of an offense for the use of dangerous drugs under Republic Act (RA)
No. 9165. The caregiver shall give consent in writing of her/his willingness to
assist the qualified patient in the medical use of cannabis and shall not divert
the medical cannabis in her/his possession to any person other than the
patient. She/he shall assist only one (1) cannabis patient at a time.
The Department shall maintain a registry of cannabis patient’s
caregivers and shall issue their appropriate ID cards.
SEC. 10. Medical Cannabis Compassionate Center (MCCC). – An
entity shall operate as a Medical Cannabis Compassionate Center after approval
of its application and registration with the Department.
The Secretary shall establish a system for the evaluation of the
application and licensing of a Medical Cannabis Compassionate Center based on
the following criteria:
a) The suitability of the applicant’s proposed location including compliance with any local zoning laws and the geographic convenience to patients, if approved;
b) The qualification of principal officer and board members’ character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, or cannabis cultivation and preparation, and their experiences in running a health or medical center;
c) The applicant’s system for operations and services, including its staffing and training plans, whether it has sufficient capital to operate, and has ability to provide an adequate supply of medical cannabis to the registered patients;
d) The sufficiency of the applicant’s procedure for accurate record keeping;
e) The sufficiency of the applicant’s measures for safety, security, and the prevention of diversion, including proposed locations and security devices to be employed;
f) The applicant’s system for making medical cannabis available on an affordable basis to registered qualified patients; and
g) The applicant’s procedure for safe and accurate packaging and labelling of medical cannabis, including the measures to ensure that all medical cannabis shall be free from contaminants.
a) The suitability of the applicant’s proposed location including compliance with any local zoning laws and the geographic convenience to patients, if approved;
b) The qualification of principal officer and board members’ character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, or cannabis cultivation and preparation, and their experiences in running a health or medical center;
c) The applicant’s system for operations and services, including its staffing and training plans, whether it has sufficient capital to operate, and has ability to provide an adequate supply of medical cannabis to the registered patients;
d) The sufficiency of the applicant’s procedure for accurate record keeping;
e) The sufficiency of the applicant’s measures for safety, security, and the prevention of diversion, including proposed locations and security devices to be employed;
f) The applicant’s system for making medical cannabis available on an affordable basis to registered qualified patients; and
g) The applicant’s procedure for safe and accurate packaging and labelling of medical cannabis, including the measures to ensure that all medical cannabis shall be free from contaminants.
The Department or its agents shall have access to MCCC’s records
and premises at any time of the day or night whenever work is being undertaken
therein, and to question any employee and investigate any fact, condition or
matter which may be necessary to determine violations or which may aid in the
enforcement of this Act or rules and regulations issued pursuant thereto.
SEC. 11. Dispensation. – A MCCC shall guarantee the appropriate
dispensation of cannabis and shall not release more than the prescribed dosage
for one month to a registered qualified patient or designated caregiver.
The MCCC shall comply with this limitation by maintaining
internal confidential record of each entry which include information on the
date and time the cannabis was dispensed, the amount of cannabis being
dispensed and on whether it was dispensed directly to the patient or to the
designated caregiver.
SEC. 12. Medical Cannabis Safety Compliance Facilities (MCSCF).
– Safety compliance facilities may only operate if they have been issued a
valid registration certificate by the Department.
The Department shall evaluate applications of medical cannabis
safety compliance facilities based on the following criteria:
a) The suitability of the applicant’s proposed location including compliance with any local zoning laws and the geographic convenience to patients, if approved;
b) The proposed principal officers’ and board members’ relevant experiences, including any training or professional licensing related to analytical testing, medicine, pharmaceuticals, natural treatments, botany, or cannabis cultivation, preparation, and testing and their experiences in running a drug testing facility center;
c) The sufficiency of the applicant’s measures for safety, security, and the prevention of diversion, including proposed locations and security devices to be employed; and
d) The proposed safety compliance facility’s procedure for its operations and services, including its staffing and training plans, and whether it has sufficient capital to operate.
a) The suitability of the applicant’s proposed location including compliance with any local zoning laws and the geographic convenience to patients, if approved;
b) The proposed principal officers’ and board members’ relevant experiences, including any training or professional licensing related to analytical testing, medicine, pharmaceuticals, natural treatments, botany, or cannabis cultivation, preparation, and testing and their experiences in running a drug testing facility center;
c) The sufficiency of the applicant’s measures for safety, security, and the prevention of diversion, including proposed locations and security devices to be employed; and
d) The proposed safety compliance facility’s procedure for its operations and services, including its staffing and training plans, and whether it has sufficient capital to operate.
SEC. 13. Safety Requirements. – A registered MCCC or MCSCF
shall:
a) Implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis;
b) Cultivate or test cannabis in an enclosed, locked location at the physical address or addresses provided during the registration process, which can only be accessed by their employees or agents;
c) Display their registration certificates in their premises at all times.
a) Implement appropriate security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis;
b) Cultivate or test cannabis in an enclosed, locked location at the physical address or addresses provided during the registration process, which can only be accessed by their employees or agents;
c) Display their registration certificates in their premises at all times.
SEC. 14. Location. – A registered MCCC and MCSCF shall not be
located within one thousand (1000) feet of the property line of a pre-existing
school, college or university.
SEC. 15. Exemption From Civil and Criminal Liability. – The
following shall be exempt from civil and criminal liability:
a) Qualified patient for using cannabis in the prescribed dosage for treatment of debilitating medical condition as determined and certified by a bona fide recommending physician;
b) Registered and designated cannabis caregiver for assisting a registered qualified patient and for possessing not more than the exact prescribed dosage of cannabis needed by the qualifying patient;
c) The certifying physician for prescribing medical cannabis or providing written certifications stating that in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s serious or debilitating medical condition or symptoms: Provided, That the physician has established a bona fide relationship with the patient and conducted a thorough clinical analysis of the patient’s medical conditions;
d) Registered and licensed medical cannabis compassionate center and its agents for selling cannabis seeds to similar entities that are registered to dispense cannabis for medical use or for acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, selling, or dispensing cannabis or related supplies and educational materials to qualified patients and their designated caregivers.
e) Registered medical cannabis safety compliance facility and its agents for possessing and testing cannabis for medical research and compliance purposes.
a) Qualified patient for using cannabis in the prescribed dosage for treatment of debilitating medical condition as determined and certified by a bona fide recommending physician;
b) Registered and designated cannabis caregiver for assisting a registered qualified patient and for possessing not more than the exact prescribed dosage of cannabis needed by the qualifying patient;
c) The certifying physician for prescribing medical cannabis or providing written certifications stating that in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s serious or debilitating medical condition or symptoms: Provided, That the physician has established a bona fide relationship with the patient and conducted a thorough clinical analysis of the patient’s medical conditions;
d) Registered and licensed medical cannabis compassionate center and its agents for selling cannabis seeds to similar entities that are registered to dispense cannabis for medical use or for acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, selling, or dispensing cannabis or related supplies and educational materials to qualified patients and their designated caregivers.
e) Registered medical cannabis safety compliance facility and its agents for possessing and testing cannabis for medical research and compliance purposes.
SEC. 16. Prescription. – A certifying physician shall not be
subject to administrative action by the Philippine Medical Association or by
any other occupational or professional licensing board or bureau for prescribing
cannabis as treatment to qualified patient.
SEC. 17. Devices. – Medical Cannabis and its devices which is
possessed, owned, or used in connection with the medical use of cannabis under
this Act shall not be seized or confiscated. In patient’s medical use of
cannabis, the seizure shall not be prevented if it exceeds the amount or dosage
prescribed by the qualified physician.
SEC. 18. Confidentiality. – The following information and
records kept based on the Department’s regulations are confidential and shall
not be disclosed to any individual or public or private entity, except as
necessary for the performance of official duties under this Act:
a) Applications and renewals, their contents, and supporting information submitted by qualified patients and designated caregivers;
b) Applications and renewals, their contents, and supporting information submitted by or on behalf of MCCCs in compliance with this Act; and
c) The individual names and other information identifying persons to whom the Department has issued registry identification cards.
a) Applications and renewals, their contents, and supporting information submitted by qualified patients and designated caregivers;
b) Applications and renewals, their contents, and supporting information submitted by or on behalf of MCCCs in compliance with this Act; and
c) The individual names and other information identifying persons to whom the Department has issued registry identification cards.
SEC. 19. Registry. – The Department shall maintain a
confidential list of persons to whom the Department has issued registry
identification cards, their addresses, phone numbers, registry identification
numbers. These records shall be kept and maintained separately from registrant
public data which shall identify cardholders and MCCCs by their registry
identification numbers only and shall not contain names or other personal
identifying information.
Hard drives or other data-recording media or storage which
contain cardholder information that are no longer in use must be destroyed.
The data subject of this section shall not be combined or linked
in any manner with any other list or database and it shall not be used for any
purpose not provided under this Act.
SEC. 20. Electronic Verification System. – Within one hundred
twenty (120) days from the effectivity of this Act, the Department shall
establish an electronic verification system. The electronic verification system
shall allow the employees and agents of the Department, Medical Cannabis
Compassion Centers (MCCC) and Medical Cannabis Safety Compliance Facilities
(MCSCF) to enter a registry identification number to determine whether or not
the number corresponds with a current and valid registry identification card.
The system shall only disclose the following:
a) Validity of the identification card;
b) Information whether the cardholder is a registered qualified patient or a registered caregiver; and
c) The registry identification number of the MCCC designated to serve the qualified patient who holds the card or the registry identification number of the patient who is assisted by the caregiver.
a) Validity of the identification card;
b) Information whether the cardholder is a registered qualified patient or a registered caregiver; and
c) The registry identification number of the MCCC designated to serve the qualified patient who holds the card or the registry identification number of the patient who is assisted by the caregiver.
The Department shall, at cardholder’s request, confirm the
person’s status as a registered qualified patient or registered and designated
caregiver to the following third party: landlord, employer, school, medical
professional, PNP personnel, drug enforcement agent or court.
Section 21. Discrimination Prohibited
a) A registered qualifying patient who uses cannabis for medical purposes or a registered designated caregiver shall be afforded all the same rights under the law, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications, as it pertains to employment, housing and education.
b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person’s actions in relation to cannabis were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
c) No school, landlord, or employer may be penalized or denied any benefit under law for enrolling, leasing to, or employing a cardholder.
a) A registered qualifying patient who uses cannabis for medical purposes or a registered designated caregiver shall be afforded all the same rights under the law, as the individual would have been afforded if he or she were solely prescribed pharmaceutical medications, as it pertains to employment, housing and education.
b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person’s actions in relation to cannabis were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
c) No school, landlord, or employer may be penalized or denied any benefit under law for enrolling, leasing to, or employing a cardholder.
SEC. 22. Prohibited Acts. – It shall be prohibited for:
a) A qualifying patient to:
1. Possess and smoke cannabis and engage in the medical use of cannabis in any mode of public transportation or in any public place;
2. Operate, navigate, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis: Provided, That a registered qualifying patient or visiting qualifying patient shall not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment;
3. Undertake under the influence of cannabis, task that would require the use of body or motor functions impaired by the use of cannabis; and
4. Use cannabis for purposes other than treatment of a debilitating medical condition;
b) An authorized physician to prescribe medical cannabis to any person without establishing a bona fide relationship with the patient and to refer patients or caregivers to a MCCC on which the physician holds any financial interest;
c) A registered MCCC to:
1. Acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense cannabis to any person except to registered qualified patients or through their registered caregivers; and
2. Acquire usable cannabis or mature cannabis plants from unregistered MCCC.
3. Refer patients to an authorized physician
d) Any person to:
1. Advertise medical cannabis sales in printed materials, on radio or television, social media, or by paid-in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered MCCC, listings in business directories including phone books, listings in cannabis-related or medical publications, or the sponsorship of health or charity or advocacy events; and
2. Violate the confidentiality of information under Section 21 of this Act.
a) A qualifying patient to:
1. Possess and smoke cannabis and engage in the medical use of cannabis in any mode of public transportation or in any public place;
2. Operate, navigate, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis: Provided, That a registered qualifying patient or visiting qualifying patient shall not be considered to be under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment;
3. Undertake under the influence of cannabis, task that would require the use of body or motor functions impaired by the use of cannabis; and
4. Use cannabis for purposes other than treatment of a debilitating medical condition;
b) An authorized physician to prescribe medical cannabis to any person without establishing a bona fide relationship with the patient and to refer patients or caregivers to a MCCC on which the physician holds any financial interest;
c) A registered MCCC to:
1. Acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense cannabis to any person except to registered qualified patients or through their registered caregivers; and
2. Acquire usable cannabis or mature cannabis plants from unregistered MCCC.
3. Refer patients to an authorized physician
d) Any person to:
1. Advertise medical cannabis sales in printed materials, on radio or television, social media, or by paid-in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered MCCC, listings in business directories including phone books, listings in cannabis-related or medical publications, or the sponsorship of health or charity or advocacy events; and
2. Violate the confidentiality of information under Section 21 of this Act.
SEC. 23. Penalty. – Any person or entity who violates Section 24
of this Act shall be punished with a fine of one hundred thousand pesos
(P100,000.00) and revocation of the license or registration certificates to
use, possess or sell cannabis for medical purposes under this Act.
Any person who violates confidentiality under Section 21 of this
Act shall be punished with a fine of not less than ten thousand pesos
(P10,000.00) but not more than fifty thousand pesos (P50,000.00).
If the offender is a physician the penalty shall include
revocation of professional license.
The suspension or revocation of registration certificate is a
final action of the Department. The Department shall constitute a committee
that will review documents and evidence of the case and shall recommend action
to be taken by the Secretary.
SEC. 24. Research—The Department shall within 120 days from the
approval of this Act authorize the National Institutes of Health, the research
arm of the University of the Philippines, Manila, the Health Sciences Center of
the UP System to conduct research on the use of medical cannabis and two other
organizations it may deem qualified to do so. They may develop, seek and carry
out research programs relating to the medical use of cannabis. Participation of
any such research program shall be voluntary on the part of practitioners,
patients and designated care givers.
SEC. 25. Training of Medical Cannabis Physicians –The Department
shall provide training for medical cannabis physicians on on the following
topics : the pharmacology of marijuana; contraindications; side effects;
adverse reactions; overdose prevention; drug interactions; dosing; routes of
administration; risks and benefits; warnings and precautions; and abuse and
dependence. This shall also be part of the medical curriculum of all medical
schools, colleges and universities.
SEC. 26. Reports. – The Department shall submit to the President
of the Philippines and Congress an annual report which shall not disclose any
identifying information about cardholders, registered MCCCs, or practitioners,
but shall have at a minimum, all of the following information:
a) Number of applications and renewals filed for registry identification cards;
b) Number of registered qualifying patients at the time of the report;
c) Number of registry identification cards that were issued to visiting qualifying patients at the time of the report;
d) Nature of the debilitating medical conditions of the qualifying patients;
e) Number of registry identification cards revoked for misconduct;
f) Number of physicians providing written certifications for qualifying patients; and
g) Number of registered MCCCs.
a) Number of applications and renewals filed for registry identification cards;
b) Number of registered qualifying patients at the time of the report;
c) Number of registry identification cards that were issued to visiting qualifying patients at the time of the report;
d) Nature of the debilitating medical conditions of the qualifying patients;
e) Number of registry identification cards revoked for misconduct;
f) Number of physicians providing written certifications for qualifying patients; and
g) Number of registered MCCCs.
SEC. 27. Appropriations. – The amount necessary for the
implementation of this Act shall be charged to the current appropriations for
the Department of Health.
Thereafter, such sum as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
Thereafter, such sum as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
SEC. 28. Joint Congressional Oversight Committee. – There shall
be created a Joint Congressional Oversight Committee for Medical Use of
Cannabis to oversee, monitor and evaluate the implementation of this Act.
The Committee shall be composed of ten (10) members, five (5)
shall come from the Senate and five (5) from the House of Representatives,
including the Chairpersons and the Vice-Chairpersons of the Committee on
Health. The members shall be respectively designated by the Senate President
and Speaker of the House of Representatives.
The membership of the committee for every House shall have at
least two (2) opposition or minority members.
SEC. 29. Implementing Rules and Regulations. – Within ninety
(90) days from the effectivity of this Act, the Secretary of the Department of
Health shall, in consultation and coordination with its Advisory Committee
composed of relevant civil society organizations, health care practitioners,
patients or representatives of patients with debilitating conditions, experts
in the regulation of controlled substances for medical use, medical cannabis
industry professionals and law enforcement agencies. promulgate rules and
regulations necessary for the effective implementation of this Act.
SEC. 30. 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. 31. Repealing Clause. – For purposes of this Act, pertinent
provisions of Republic Act No. 9165, otherwise known as the “Dangerous Drugs
Act of 2002,” as amended, and all other laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with any provision of this Act are
hereby repealed or modified accordingly.
SEC. 32. Effectivity. –
This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
Notes:
Whole
plant medicine vs CBD oil only
By
products of CBD rich hemp
CBD vs
THC
How many
liters of CBD oil per hectare of outdoor cultivation
Indoor
cultivation to mitigate typhoon
Spoilage
Logistics
of raw materials from contract growers
Logistics
of finished product
Market
and sales
Reveg or
start from seed after harvest
Feedstock
preparation
