Baby Moon Jaden, a patient with Dravet Syndrome, whose story was posted on the Facebook page of “Moms for Marijuana” (Philippine Chapter) died in September 2013. Her loving parents, Juan and Myca Yutuc, bravely faced media to strongly advocate for medical marijuana (which could have saved her life).
Baby Moon Jaden’s death opened the discussion on the availability of medical marijuana in the Philippines. Parents with similar cases bonded together and with inspiration from “Moms for Marijuana,” an organization of mothers and advocates pushing for the legalization of medical marijuana, a new group evolved, the Philippine Cannabis Compassion Society. The PCCS, which is a group of mothers, fathers and some advocates, was formally launched on November 3, 2013, at the Quezon Memorial Circle. This was followed by more media exposure, guesting at public fora and lobbying with lawmakers of the House of Representatives. This led to the filing of a medical marijuana bill sometime in 2014 during the First Regular Session of the 16th Congress.
Although the medical marijuana bill has been filed and refiled in both the 17th and 18th Congress, and was even passed in the 17th Congress in January 2019 by the House of Representatives on Third Reading and transmitted to the Senate, the Senate has unfortunately consistently blocked its passage. Rep. Antonio Albano again filed in July 2019 House Bill 279 “An Act Providing Right of Access To Medical Cannabis As A Compassionate Alternative Means Of Medical Treatment, Expanding Research Into Its Medicinal Properties And For Other Purposes.”
HB 279 known as the “Philippine Medical Cannabis Compassionate Act” in its Explanatory Notes, state that the use of cannabis for medical purposes is provided for by both existing international and national law. The Single Convention of 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 the 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.”
Recent developments augur well for the use of medical marijuana (Cannabis/CBD) in the Philippines:
President Duterte, despite mixed signals from the past, appears to now favor the use of medical marijuana as long as it is limited to medical purposes. This, despite a statement in March last year that “marijuana addiction could lead to madness” so he won’t allow the legalization of the substance under his watch.
The Senate appears to have softened its resistance. Senate President Vicente Sotto III, a former Dangerous Drugs Board chairman himself, agreed that RA 9165 actually authorizes the “compassionate use” of cannabis and using marijuana for its therapeutic effects was allowed “as long as it is monitored and permitted” by the DDB and the Philippine Drug Enforcement Agency (PDEA). Sen. Aquilino “Koko” Pimentel III also agreed that RA 9165 exempted the medical use of cannabis from criminal prosecution.
Despite the absence of conclusive medical evidence, Sen. Joel Villanueva said the compassionate use of CBD could also be considered since the US FDA had already registered it as medicine anyway. “However, proper regulation should be in place particularly with respect to dispensation. I have serious reservation on that aspect, but with proper regulation, access to this medication will provide relief to a number of people,” Villanueva said. “Physician’s prescription should be strictly followed for use and access of this product,” he said (February 17, 2020, www.Inquirer.net).
The DDB recently approved “in principle” a resolution to allow the use of cannabidiol for alleviating severe forms of epilepsy. Citing a report by the World Health Organization (WHO), “In humans, CBD exhibits no effects indicative of any abuse or dependence potential…. To date, there is no evidence of public health-related problems associated with the use of pure CBD. There has been scientific proof that CBD—which is derived from the hemp plant, a “cousin” of cannabis—alleviates seizures in people with epilepsy.”
DDB Undersecretary Benjie Reyes’s position told to the Philippine Daily Inquirer (February 16, 2020, www.Inquirer.net) was that “There was no need for a bill.”
“But even without the law, as long as its in medicine form, it [CBD] can be registered, “ he said. “Just like opiates, morphine, those are dangerous drugs, but in medicine form. It can be used. Cocaine is used for anesthesia.”
He said the DDB conducted public hearings with PCCS, specifically on the following points:
The reclassification of medicines containing CBD with no more than 0.1 percent THC from Schedule 1 (no currently accepted medical use in treatment in the Philippines) and Schedule 2 (has currently accepted medical use) to Schedule 4 (has currently accepted medical use in the Philippines and has low potential for abuse);
Creation of guidelines for the DDB board resolution titled “Requirements for the Issuance of a License to Acquire, Possess and Use Unregistered Drug Products Containing Dangerous Drugs for Personal Use.”
“We adopted it in principle last December,” said Reyes.
“If Epidiolex is a recognized medication by the US FDA, why deprive Filipinos of the same medication?” he added.
Deputy Speaker Luis Villafuente Jr. who has proposed a similar Medical Cannabis Compassionate Bill (HB 3961) thought the DDB’s approval in principle of CBD use “was a game changer” and should serve as strong impetus to Congress to act soon enough.
However, Sen. Panfilo Lacson has opined that medical cannabis is listed as a prohibited substance under Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002 and, thus, the need for Congress to enact legislation to amend this law to allow its use even for medical purposes. Further, Lacson stated that “the DDB cannot usurp Congress’” legislative power (February 17, 2020, www.Inquirer.net).
There were 98,200 new diagnosed cancer cases in the Philippines (according to a 2017 Report of the International Agency for Research on Cancer (IARC) with 59,000 dying of cancer annually. Depending on the type of cancer, cost of treatment ranges from P36,000 to P180,000 for standard six cycles of chemotheraphy (Explanatory Note, HB 279).
I hope this Medical Cannabis Compassionate Bill will not suffer the same fate as the ABS-CBN franchise and the quo warranto/gag order issue filed in the Supreme Court; or the bill on Absolute Divorce, or the Visiting Forces Agreement where the clash between the Senate and the House, Congress versus the Executive department compounded by vested political interests, stymies, or delays the passage of good laws intended for the benefit and general welfare of the people.
I am for Medical Cannabis. It is not only because it is a compassionate option, but it is a patient’s right (or the parent’s on behalf of their minor children) to choose what will make him/her live a longer, healthier, pain-free life.
I lost my husband in 2001 to colon cancer. And as if this was not enough, I lost my youngest of five sons (then eight years old) in 2003 to leukemia. I can’t help but think that if medical cannabis were then made available as an option, they would still be with my family and me today.
So, this advocacy for me is personal. I join the many patients, parents and believers in the wonders of this drug. I pray that our public officials will stop the bickering and political gymnastics, and for once do what is best for those who suffer from cancer and other sickness, ailments and disabilities.
To Congress I say: “The life you save could be your own or your loved ones.”