Cannabis in the Philippines

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Cannabis in the Philippines
PHL orthographic.svg
Location of the Philippines (green)
Medicinal Illegal
Recreational Illegal
Hemp Illegal
Seized cannabis plants being burned in Tinglayan, Kalinga 21.9M WORTH OF MARIJUANA PLANTS ERADICATED IN TINGLAYAN, KALINGA.jpg
Seized cannabis plants being burned in Tinglayan, Kalinga

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]

Contents

Legality

A 2014 poster from the Dangerous Drugs Board campaigning against cannabis legalization DDB No to Marijuana Legalization poster2.pdf
A 2014 poster from the Dangerous Drugs Board campaigning against cannabis legalization

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]

Statistics

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]

Reform

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]

Medical 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. [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]

Related Research Articles

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In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act, the category reserved for drugs that have "no currently accepted medical use", is a proposed legal and administrative change in cannabis-related law at the federal level. After being proposed repeatedly since 1972, the U.S. Department of Justice initiated 2024 rulemaking to reschedule cannabis to Schedule III of the Controlled Substances Act. The majority of 2024 public comments supported descheduling, decriminalizing, or legalizing marijuana at the federal level.

<span class="mw-page-title-main">Robin Padilla</span> Senator of the Philippines since 2022

Robinhood Ferdinand Cariño Padilla is a Filipino actor, film 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.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

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.

A drug policy is the policy regarding the control and regulation of psychoactive substances, particularly those that are addictive or cause physical and mental dependence. While drug policies are generally implemented by governments, entities at all levels may have specific policies related to drugs.

<span class="mw-page-title-main">Philippine Drug Enforcement Agency</span> Law enforcement agency

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.

<span class="mw-page-title-main">Cannabis in the United States</span>

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.

<span class="mw-page-title-main">Medical cannabis in the United States</span>

In the United States, the use of cannabis for medical purposes is legal in 39 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.

<span class="mw-page-title-main">Cannabis in California</span>

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.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

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.

<span class="mw-page-title-main">1998 Washington, D.C., Initiative 59</span> Ballot measure in Washington, D.C., legalizing medical cannabis

Initiative 59 was a 1998 ballot initiative in Washington, D.C., that sought to legalize medical cannabis. The short title of the initiative was "Legalization of Marijuana for Medical Treatment Initiative of 1998". Though the initiative passed with 69% of the vote in November 1998, its implementation was delayed by Congress's passage of the Barr Amendment, which prohibited DC from using its funds in support of the program. This Amendment delayed the start of the medical marijuana program until it was effectively overturned in 2009, with the first DC customer legally purchasing medical cannabis at a dispensary in the District in 2013.

<span class="mw-page-title-main">Cannabis in India</span>

Cannabis in India has been known to be used at least as early as 2000 BCE. In Indian society, common terms for cannabis preparations include charas (resin), ganja (flower), and bhang, with Indian drinks such as bhang lassi and bhang thandai made from bhang being one of the most common legal uses.

<span class="mw-page-title-main">Cannabis in the Northern Mariana Islands</span>

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.

<span class="mw-page-title-main">Cannabis in Nebraska</span>

Cannabis in Nebraska is legal for medical use. First offense for possession of small amounts was reduced to a civil infraction in 1979.

<span class="mw-page-title-main">Cannabis in Pennsylvania</span>

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.

<span class="mw-page-title-main">Cannabis in Florida</span>

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

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.

<span class="mw-page-title-main">Legal history of cannabis in Canada</span>

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.

The drug policy of the Philippines is guided by the Comprehensive Dangerous Drugs Act of 2002 and is implemented by the Dangerous Drugs Board with its implementing arm, the Philippine Drug Enforcement Agency along with other member agencies. Aside from regulating and prohibiting the usage, sale, production of certain drugs, the 2002 law is noted for including policies on drug testing.

References

  1. 1 2 3 An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing Republic Act No. 6425, Otherwise Known as the Dangerous Drugs Act of 1972, as Amended, Providing its Funds Therefor, and for Other Purposes (PDF) (Republic Act 9165). June 7, 2002. Retrieved April 15, 2017.
  2. "PDEA backs Pope Francis' stance vs legalizing marijuana". philstar.com.
  3. "1961 UN Single Convention on Narcotic Drugs" (PDF). Retrieved 15 April 2017.
  4. 1 2 "2016 International Narcotics Control Strategy Report (INCSR)". US Department of State. Retrieved 15 April 2017.
  5. The Dangerous Drugs Act of 1972 (Republic Act 6425). April 4, 1972. Retrieved April 16, 2017.
  6. Viray, Patricia Lourdes (18 December 2018). "Fact check: Is medical marijuana already allowed in the Philippines?". The Philippine Star. Retrieved 28 December 2018.
  7. "DDB 2015 Statistics". Archived from the original on 15 April 2017. Retrieved 15 April 2017.
  8. 1 2 "A look at the state of crime, drugs in the Philippines". Rappler. January 5, 2016. Retrieved 15 April 2017.
  9. 1 2 3 "PDEA - Statistical Data". Archived from the original on 15 April 2017. Retrieved 15 April 2017.
  10. "Citing its medicinal value, NGO pushes for marijuana legalization". GMA News Online.
  11. "Bill on medical use of marijuana filed in Congress". Rappler. May 28, 2014. Retrieved 15 April 2017.
  12. "Experts study medical pot use". Inquirer. July 10, 2016. Retrieved 22 November 2016.
  13. Caruncho, Eric (November 10, 2015). "Are you ready to try medical marijuana?". Inquirer. Retrieved 22 November 2016.
  14. 1 2 3 F, Jessica (May 24, 2016). "Presumptive President of the Philippines, Duterte, Says Yes to Medical Marijuana". Inquirer. Retrieved 14 January 2017.
  15. "Solon re-files "Philippine Compassionate Medical Cannabis Bill"". House of Representatives. July 9, 2016. Retrieved 15 April 2017.
  16. "Congressman to refile medical marijuana bill in July". CNN News. June 26, 2016. Archived from the original on 15 April 2017. Retrieved 15 April 2017.
  17. "Senators not keen yet on medical marijuana bill". Philippine News Agency. 13 December 2022. Retrieved 17 December 2022.
  18. Gregorio, Xave (7 December 2022). "Medical marijuana access rules in Philippines 'not compassionate,' advocates say". The Philippine Star. Retrieved 17 December 2022.