MEDICAL CANNABIS: A COMPARATIVE

STUDY OF THE PROHIBITION ON

MEDICAL MARIJUANA IN THE
PHILIPPINES, TEXAS, OREGON AND
COLORADO

By:
Detera, Samuel A.
Enaje, Albert L.
Background of the Study

Marijuana has a recognized medical use

There is a clamor to legalize it as a cheap

source of medicine

However, it is prohibited in the

Philippines
Statement of the Problem

Main Problem:

Is the current policy of the Philippines on Medical

Cannabis, viewed against the policies of selected States
of the U.S, is responsive to the issue on medical
marijuana?

Sub-problems:

1. What are the salient features of the state laws of Texas,

Oregon and Colorado regarding marijuana?

2. What are the commonalities and differences between the

Philippine adapted policy against marijuana from those
respectively subscribed by Texas, Oregon and Colorado?
Significance of the Study

For Students. To provide a clearer perspective on our

current law that deals with the prohibition on
marijuana and its medical use in comparison with the
selected states of the U.S that have imposed varying
policies on it.

For Lawmakers and Implementors. To serve as a tool

to evaluate our current law and be able to equip them
with the necessary information needed for future
amendments and improvements on the current law.
Research and Design Method

Method:
Expository method of research

Procedure:
Provisions of the statutes of selected states
shall be examined and summarized.
They shall be correlated with the existing policy
under RA. 9165 or the Comprehensive
Dangerous Drugs Act of 2002

Evaluation of differences and commonalities

Discussion
Texas

Conservative approach

Marijuana has high potential for abuse

and no generally recognized medical
use

One ounce or less amount of

marijuana is punishable

No medical marijuana
 Oregon
Moderate
Remains to be illegal and still considered as
a controlled substance

Possession, selling, cultivation and

delivery are still punishable

Possession and sale of less than one ounce

is only penalized by a fine
Oregon Medical Marijuana Act

Gives legal protections to qualified patients;

Registration of patients and caregivers

Allows growers to cultivate medical

marijuana
Restrictions

A patient and his or her grower and caregiver

may possess a combined total of up to 24
ounces of usable marijuana.

A grower may produce marijuana for up to

four medical marijuana patients at the
same time.

A grower may grow up to six mature plants and 18

seedlings or starts at a registered grow site for
each patient who gets marijuana from the grower
 Colorado

Liberal Approach
Possession and gifting of a person at least 21 years old
of 1 ounce or less is legal
Traveling with up to 1 ounce of marijuana within Colorado is
legal

Cultivation by a person at least 21 years of age of 6

plants and limited to 3 flowering or matured plants in a
locked and private space is legal

The possession of paraphernalia was decriminalized

and penalized only with a fine

Amendment 64 provides for licensing of cultivation

facilities, product manufacturing facilities, testing
facilities, and retail stores.
Colorado Medical Marijuana

Patient Registration

Cultivation and dispensaries as legitimate

businesses

Health Agency, patients, doctors can petition for the

addition in the list of recognized conditions

Affirmative defense as medically necessary for

possession of more than the allowable amount
 Marijuana in the Philippines

Marijuana is totally prohibited

in the Philippines

All offenses related to marijuana

are punishable

The maximum penalty imposable shall be life

imprisonment to death and a fine of five
hundred thousand pesos up to 10 million
pesos.
Provision for Medical Marijuana

Declaration of Policy of R.A 9165:

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
The Dangerous Drugs Board

The Board shall be the policy-making and

strategy-formulating body in the planning and
formulation of policies and programs on drug
prevention and control. It shall develop and adopt
a comprehensive, integrated, unified and
balanced national drug abuse prevention and
control strategy (Sec. 77, RA 9165)

Authority to reclassify, add or remove from the List

of Dangerous Drugs (Sec. 93, RA 9165)
 Summary and Conclusion

Summary of Findings:
All jurisdictions recognizes both the
medical benefits of marijuana as well as
its dangers
The Comprehensive Dangerous Drugs Act
of 2002 provides for harsh penalties

Medical Marijuana is not recognized in

the Philippines

Certain provisions of R.A 9165 welcome

the possibility for medical marijuana
Conclusion:

The Current policy of the Philippines on

Medical Cannabis is still responsive to the
issue on medical marijuana.

Harsh penalties to combat its possible

ill effects

Possibility of implementing rules to

recognize its medical benefits through
effective regulation
Recommendations:

For concerned government agencies to initiate a

comprehensive research on the medical benefits of
marijuana.

For the Dangerous Drugs Board, after the medical benefits of

marijuana was convincingly established, to either initiate a
reclassification procedure, to come up with the guidelines to
effectively regulate the use and distribution of medical
marijuana or both depending on what it deemed is more
suited under the circumstances.

For the legislature to consider that in enacting laws on

dangerous drugs, careful consideration must be done so
as to maximize their potential medical benefits without
compromising public welfare and the common good of
the society.