Legalization of Marijuana

Hemerson M. Abao

10-Pearl

Mr. Rommel Aromin

Background

Marijuana (cannabis) is a green, brown or gray mixture of dried, shredded

leaves, stems, seeds and flowers of the hemp plant Cannabis sativa. Marijuana is used

as a psychoactive (i.e. mind altering) recreational drug, for certain medical ailments and

for religious and spiritual purposes. Sinsemilla, hash/hashish (resinous form) and hash

oil (sticky black liquid) are stronger forms of marijuana. (Anderson,2018).

Content

Cannabis has been illegal in the Philippines since 1972 by virtue of Republic Act

No. 6425, or the Dangerous Drugs Act of 1972. RA6425 classified marijuana as a

prohibited drug, and detailed out punishments for the importation, sale, manufacture,

cultivation, possession, and use of the drug, as well as possession of any drug-related

paraphernalia. RA6425 also created the Dangerous Drugs Board, giving it jurisdiction

over drug-related cases. In 2002, the Comprehensive Dangerous Drugs Act of 2002

was signed, repealing RA6425. RA9165 also enabled the creation of the Philippine

Drug Enforcement Agency, which handles the implementation and enforcement of

policies and strategies made by the Dangerous Drugs Board.

Under the current law, the importation, sale, maintenance of a den, dive or resort,

manufacture, use, and cultivation of marijuana and marijuana-related products shall be

met with life imprisonment and a fine.

While cannabis remains widely illegal including medical use, individuals with

serious or terminal illness may apply for special permit from Food and Drugs Authority
for drugs unregistered in the Philippines including those containing cannabis. Since

issuance of permits began in 1992, only one application has been filed to seek consent

to use cannabis oil as of December 2018.

A pro-medical marijuana NGO called the Philippine Organization for the Reform

of Marijuana Laws (PORMAL) seeks to challenge the law in order to legalize its use,

however there is opposition from both the Philippine Drug Enforcement Agency and

senators like Vicente Sotto III. The PDEA claims that marijuana is a gateway drug that

can lead to the abuse of harder substances. Senator Sotto has asked PORMAL to

submit empirical evidence on the benefits of marijuana use.

On May 26, 2014, Isabela representative Rodolfo Albano III introduced House

Bill No. 4477, known as the Compassionate Use of Medical Cannabis Act to the 16th

Congress of the Philippines, which would legalize the use of medical

marijuana. The Inquirer describes this bill as a "hotly-debated topic." This bill was filed

in the Philippine Congress to legalize the use of medical marijuana in 2014. One of the

bill's co-authors, Leah Paquiz, said "We are at this stage, we have Filipinos who need

care, we should give them compassionate care - this medical cannabis. There are a lot

of medicines, but they are expensive." The bill was, however, ultimately not passed

during the 16th Congress. Albano has filed the bill during the 17th Congress of the

Philippines. The bill is currently under referendum as House Bill 180.

President Rodrigo Duterte said during his election campaign that he supported

medical marijuana, but that he would leave any decision to the concerned government

department.
 In Section 2, Paragraph 2, second sentence, that does not entirely prohibit the

use of dangerous drugs: “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.”

When the Inquirer asked Albano if he had set a time frame for the bill’s passage,

Albano said: “That’s what I’ll discuss with the Speaker (Davao del Norte Rep. Pantaleon

Alvarez). Albano said he filed the bill in 2014 “to let patients have access to medical

cannabis.” The medical conditions of those patients range from autism to epilepsy to

cancer.

Many Filipinos have asked to legalize the use of medical marijuana, but as of

press time, the lobby has been unsuccessful. Groups like the Philippine Cannabis

Compassion Society supports families and patients like Ira, Sachi, and Romeo. They

work on getting their stories out and use these stories to convince legislators that they

need access to an alternative cure, which they see in cannabis. The successful lobbying

of medical marijuana has encouraged 69 house representatives to co-author HB4477.

More and more doctors, patients, and citizens have come out in support of it. It has

gained enough momentum that many hope that one day, the Philippines will become

the first Asian country to legalize the use of medical marijuana.

House Bill No. 4477 or the Compassionate Use of Medical Cannabis Act seeks to

decriminalize the use of the plant for patients with debilitating medical conditions such

as cancer, glaucoma, epilepsy, HIV, multiple sclerosis, and lupus among others.

The proposal is clear-cut, and guards against the abuse of the plant. To regulate the

use of cannabis, proponents say that a Medical Cannabis Authority should be

established and led by a director general, to be appointed by the President of the

Philippines, from a list of physicians recommended by the secretary of Health.

When it comes to getting access to it, a recommendation made by a qualified

Medical Cannabis Physician will be given after completing a thorough medical

assessment. After getting a recommendation, Medical Cannabis cards will be issued to

patients to draw the line between them and non-patients. The issuance of the cards will

have established rules and regulations which includes suspension, revocation, and

confiscation upon abuse. Medical Cannabis Compassionate Centers, with the proper

licensing and requirements, will also start operating. These centers will issue the

physician-recommended cards and will serve as dispensaries where patients can pick

up their medications from.

The Philippines will also ensue the research of cannabis as a treatment, joining

other countries in a global revolutionary attempt to find a cure to incurable diseases.

Conclusion

Marijuana is a drug that is always being talked about all over the media. There is

constant debate on whether it should be legalized or not. Also, debate on if it were to be

legalized, how would they make it work. All these questions are things the government

takes into account every day. There is a big divide between people’s beliefs on this

matter. Some people think it should be, others think it shouldn’t, and some think it

should be with some modifications on the usage. When you look at the benefits, there is

no question that marijuana should be legal throughout the entire country. There are way

more positive things that could come out of it being legal.

The health and comfort of the people should be the major concern of the

government. Marijuana has many positive attributes that could help people in every day

life. Many Americans that are suffering from ailing symptoms could use this drug.

Marijuana could be used to help with pain, nausea, spasticity, and other symptoms that

normal drugs just simply aren’t curing. Also, it could be a great way to allow people to

relax themselves on a normal basis. For the most parts the symptoms of marijuana are

very mild and are easy to deal with. Not very often are people uncontrollable or in a

state of danger when using this drug. Marijuana is a drug that easily builds tolerance

and allows people to handle the symptoms better. If people can handle the symptoms

and use the drug properly I don’t understand why it shouldn’t be legalized. Many

Americans will tell you that the symptoms are much more positive than negative.

The use of marijuana has always been questioned but now is the time our

country is at a time where the usage of the drug is at a peak and the issue needs to be

addressed. It is no longer acceptable to not consider legalization because states within

the country have already taken matters into their own hands by making it legal,

Colorado and Washington were the first to do so this past election season. The counter
argument to legalization of marijuana would be studies that show smoking “weed” would

change emphazema and lower IQ’s but smoking cigarettes or any tobacco product also

cause emphazema and drinking alcohol is proven to harm your IQ and kill your brain

cells. (Kelly, 2013)

All in all, marijuana should be legalized and the policy should be changed

immediately. There is too much good to come from this policy changed not to do it.

There are many people that agree with a policy change and the government needs to

do the same. Marijuana can clearly help make this country better for the people in many

ways. Health is obviously a major concern for the government and that is why they

might hesitate to legalize it. But, as studies show there are few health risks and even

some positive health factors that marijuana could contribute. Also, how much legal

marijuana can help our government funding and justice system is another reason the

policy needs to be changed now. Keeping kids off the streets and drug dealers from

selling to kids is also more proof of how poorly the current policy is running. Legal

marijuana could help hard drugs from spreading to the wrong people. Also, it will keep

the amount of drug dealers down and the amount of legal shops up. All in all marijuana

would do much more positive than it would negative if it were to be legalized. The policy

that is preventing the legalization of marijuana must be changed at once. Legal

marijuana can help. The government needs to see these facts and change the

marijuana policy as soon as possible.