The cultivation and use of cannabis is illegal in the Philippines under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. [1] [2] As the Philippines is a signatory to the 1961 United Nations Single Convention on Narcotic Drugs, [3] Cannabis is classified as a Schedule I drug, which limits its use to medical and scientific purposes. Marijuana is the second most used drug in the Philippines, after shabu (methamphetamine), and most cultivation in the country is for local consumption. Cannabis is cultivated mostly in the remote, mountainous regions of Luzon and Mindanao. [4]
Cannabis has been illegal in the Philippines since 1972 by virtue of Republic Act No. 6425, or the Dangerous Drugs Act of 1972. [5] 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. [1] 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. [1]
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. [6]
In 2015, the Dangerous Drugs Board estimated, based on admission data in drug rehabilitation centers, that around 25% of center clients use marijuana. [7] [8]
Arrests for marijuana have been steady in recent years. In 2016, the PDEA eradicated a total of 337 marijuana sites. [9] In the first seven months of 2015, PDEA reported conducting 22 successful cannabis eradication operations, resulting in the destruction of 117 growing sites and the seizure of cannabis valued at approximately US$3.5 million. [4] That same year PDEA eradicated a total of 286 marijuana sites. [9] In 2014, the PDEA reported that 8.9% of all drug seizures they made that year involved marijuana, [8] and that they eradicated a total of 506 growing sites, the largest in recent years. [9]
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. [10]
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. [11] [12] The Inquirer describes this bill as a "hotly-debated topic." [13] This bill was filed in the Philippine Congress to legalize the use of medical marijuana in 2014. [14] 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." [14] The bill was, however, ultimately not passed during the 16th Congress. Albano has filed the bill during the 17th Congress of the Philippines. [15] [16]
Former 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. [14]
In 2022, Senator Robin Padilla filed a bill legalizing medical use of cannabis drugs. However there were concerns among some senators that there is a lack of safeguard against unauthorized cultivation of marijuana. [17]
Cannahopefuls is a group in the Philippines that advocates medical use of cannabis. They believe that the process of acquiring compassionate use permit for medical marijuana is prohibitively tedious and expensive. [18]
In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use."
Robinhood Ferdinand Cariño Padilla, known professionally as Robin Padilla, is a Filipino actor, director and politician. He is known as the "Bad Boy" of Philippine cinema for portraying anti-hero gangster roles in films such as Anak ni Baby Ama (1990), Grease Gun Gang (1992), Bad Boy (1990), and Bad Boy 2 (1992). He has also been dubbed the "Prince of Action" in Philippine cinema.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
The Philippine Drug Enforcement Agency is the lead anti-drug law enforcement agency, responsible for preventing, investigating and combating any dangerous drugs, controlled precursors and essential chemicals within the Philippines. The agency is tasked with the enforcement of the penal and regulatory provisions of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.
Gonzales v. Raich, 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
The prevalence of illegal drug use in the Philippines is lower than the global average, according to the United Nations Office on Drugs and Crime (UNODC). President Rodrigo Duterte has claimed that the country could become a "narco-state". Two of the most used and valuable illegal drugs in the country are methamphetamine hydrochloride and marijuana. In 2012, the United Nations said the Philippines had the highest rate of methamphetamine use in East Asia, and according to a U.S. State Department report, 2.1 percent of Filipinos aged 16 to 64 use the drug based on 2008 figures by the Philippines Dangerous Drugs Board. As of 2016, the United Nations Office of Drugs and Crime report that 1.1 percent of Filipinos aged 10 to 69 use the drug. In Metro Manila, most barangays are affected by illegal drugs.
The recreational and medicinal use of cannabis in the Northern Mariana Islands has been legal since September 2018. House Bill 20-178 was signed into law by Gov. Ralph Torres, becoming Public Law 20-66. The cannabis legalization bill was introduced as the "Taulamwaar Sensible CNMI Cannabis Act of 2018," named in honor of David Kapileo Peter or Taulamwaar, who advocated cannabis legalization over four years ago. The first dispensary opened to the public on July 16, 2021.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Pennsylvania is illegal for recreational use, but possession of small amounts is decriminalized in several of the state's largest cities. Medical use was legalized in 2016 through a bill passed by the state legislature.
Cannabis in Minnesota is legal for recreational use as of August 1, 2023. On May 30, 2023, Governor Tim Walz signed House File 100 into law, legalizing the use, possession, and cultivation of cannabis within the state. Licenses for commercial sales will likely not be issued until 2025, in order for the Office of Cannabis Management to establish regulatory frameworks.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.
The list includes and details significant events that occurred in the global history of national-level implementations of, or changes made to, laws surrounding the use, sale, or production of the psychoactive drug cannabis.
The Cannabis Act (C-45) of June, 2018 paved the way for the legalization of cannabis in Canada on 17 October 2018. Police and prosecution services in all Canadian jurisdictions are currently capable of pursuing criminal charges for cannabis marketing without a licence issued by Health Canada. The Supreme Court of Canada has held that the federal Parliament has the power to criminalize the possession of cannabis and that doing so does not infringe upon the Canadian Charter of Rights and Freedoms. The Ontario Court of Appeal and the Superior Court of Ontario have, however, held that the absence of a statutory provision for medical marijuana is unconstitutional, and to that extent the federal law is of no force and/or effect if a prescription is obtained. The recreational use of cannabis has been legalized by the federal government, and took effect on 17 October 2018.