By: Brill P. Chavez & Mary Leslie D.. Losadio, BSA-1A
Marijuana, scientifically known as Cannabis Sativa, is an illegal drug that is one of the most used drugs in the Philippines, second to Methamphetamine or shabu in layman’s term. The use of the former same as with the latter is highly punishable in the Philippines by the power of Republic Act 6425 or the Comprehensive Dangerous Drug Act of 2002 which details punishment on the transport, farming, selling or pushing, possession and use of the substance. The punishment may either be life imprisonment or fine, or both. It is also in this act that empowered the restriction of marijuana as it enabled the establishment of the Philippine Drug Enforcement Agency which is the frontrunner in obliterating this substance in the mainstream and enforcing the law to whoever is deemed guilty.
However, in an optimist point of view, marijuana pushes a leap in medical treatment or practice as it is proven by multiple scientific studies to treat debilitating series of reactions caused by a certain impairment. As an argument from the medical practitioners, legalizing marijuana will be a breakthrough in their field because this particular substance can heal and improve the treatment of illnesses. (Clark, Capuzzi & Fick, 2011).
Meanwhile, for such reason, solons from the House of Representatives see it high time for Marijuana to be legalized in the country. With the vote 163-5-3, the House moved to the final reading of the House Bill 6517 or the Philippine Compassionate Medical Cannabis Act that objectifies to decriminalize the use of marijuana and pave the way for a country that allows this substance for medical purpose (Cepeda, 2019). As sought by the proponents from the House of Representatives, to improve the lives of the Filipino, it was never been the same for analysts as they assert that legalizing marijuana would result to a severe drug use whereas this substance will be used in recreation rather through its eminent purpose. On top of these opposing forces of intellect and national concerns, will it really be possible for marijuana to give aid for the welfare of the people or will it worsen the status quo of the Philippines in its fight against the saturation of narcotics? How will legalizing marijuana shape Philippines in terms of politics and governance and medicine?
Medical Viewpoint and Historical Context
There are various ways as to how marijuana can be referred to. Cannabis is the technical term but terms like weed, hemp and pot would also fit perfectly. Marijuana originates from a hemp plant called Cannabis sativa or Cannabis indica. This plant can be easily found on mountainous and high areas in the Philippines like Northern Luzon. The different parts of this plant such as the dried leaves and seeds are what people often use in making marijuana and consist an estimate of 400 chemicals. Despite of the large number of these chemicals, there is only one among them that has the most exhilarating effect on the human body specifically on the brain. It is the chemical called THC or delta-9-tetrahydrocannabinol which is the reason why marijuana is prohibited and considered as an illegal drug in most countries.
History of marijuana can be traced back in the ancient times which started most likely in Asia around 500 BC. It had a history marked by using it as a herbal medicine. In America, the purpose of cultivating marijuana is to produce ropes and textiles. Before being introduced to Africa, Europe and America, this plant originated in Central Asia. It can be concluded that they had a similar objective which is to benefit from this plant like making clothing and fiber out of this plant. When colonization took place in different countries like in the early 1600s, farmers were required to grow hemp because it was easy to cultivate. At that time, those plants were said to be low in THC and evidences even say that ancient people had an idea about the plant being psychoactive. They probably have used these for religious ceremonies. This coincide with the discovery of burned cannabis seeds in shamans’ graves at Siberia and China. It was very evident that cannabis back then was really beneficial to people in a good way. One maybe puzzled of this and may think “what happened?”. Well, the primary factor that led this to criminalization of this are the political and racial factors.
It is a known fact that marijuana is an illegal drug that people often abuse in the whole world. It’s very popular among teenagers and young adults probably because of the curiosity to this substance at first which then leads to addiction. Based on a report given by The Partnership on Drugfree.org, the number of teenagers using marijuana for recreational use is gradually rising wherein 1 out of 10 smoke more than 20 times a month. The pleasure they get from smoking marijuana and the feeling of gratification from it to get away from boredom can be a possible reason. Nowadays, teenagers also encounter difficulty in dealing with peer pressure and stress and they find comfort in this drug. In the entertainment industry, popular music and several music videos can even be considered a reason for this. Teens tend to worship the kind of lifestyles that they saw in these that’s why they are greatly influenced. With that, they’ll be inclined in portraying such lifestyle. Meanwhile, as stated in the book The Science of Marijuana by Leslie Iversen, the percentage of addiction is most likely 10 percent and there is also a probability that 10 to 30 percent of users who regularly engaged in this kind of drug might be dependent on it. The worst part is that, they are putting their future on the line and have a detrimental effect on it.
Moreover, negative effects of marijuana on the physical, psychological and social state of a person are quite many. Despite of these negative effects, positive effects can also be gained from marijuana. Applying the principle of double effect, marijuana use could be seen in a different light. It was discovered that marijuana holds a medical attribute that can be used in treating terminally ill people. It was then found out by Sir William Brooke who studied in India back in 1830s that extracts coming from marijuana could lessen the vomiting of people who had cholera and suffering of those with stomach pain. Later on, these was then made available in pharmacies around Europe and United States which aid in treating ailments. Just for fast fact checks, two drugs in a pill form which contained THC was already approved by the US Food and Drug Administration namely Marinol and Syndros which can help in treating nausea that one may get from having a cancer chemotherapy. For the record, it was commemorated on the 17th of March, 1999 in United States an inclusive document that proves the medical capability of marijuana when 11 medical experts employed by the White House to seek for deeper knowledge on the properties of the substance, which afterwards prove the critiques wrong as they found out that Cannabis Sativa can be effectively used as a biotic medicine.
However, the major concern on the health sectors when this legal marijuana be prompted is the ethical guidelines particularly on the assurance that the practitioners will administer this drug with due moral and ethical considerations. It is quite known fact that practitioners do their public service in exchange for the medical and laboratory fees that they get. It is in this context that critics find it hard to believe that House Bill 6517, even though it details guidelines on the use of the substance, will compromise the safety of the patients when overlooked at a deep analysis. The third law appeal discussed by Clark, Capuzzi & Fick (2011) is the health law that is invoked by the motion of legalizing marijuana. It is known that doctors and other medical personnel studied to get their licenses and accreditation to practice their field of expertise, thus giving them the right or the autonomy. Ethical issues are not new in the medical history as discussed by Sokol (2018). The principle of double effect suggests that even though medical support is for the greater good, there will always be constraints and ethical issues. Confidentiality according to Sokol (2018) is one of the prominent medical and ethical issues a doctor experience. A practitioner may or may not disclose the procedures and treatments that he is using following the confidentiality principle. However, this discretion might lead to otherwise illegal acts like overdosage of patients, over administering of marijuana to patient or nonpatient for personal interests and the use of the non-patient.
Philippines’ Status Quo on Drug Use
The betterment of both the health and criminality issues through an all-out war on drugs has been the main trajectory of the administration led by President Rodrigo Roa Duterte at the commencement of his office in 2016. As pleaded by the head of the state, the drug war shall be over in a span of three to six months through an intensified and systematic method which is known as the Oplan Tokhang facilitated by the imbued Philippine National Police in cooperation with the Philippine Drug Enforcement Agency which is under the DDB. The intensified fight on drugs has shown equally noticeable results. As per the statistics from PDEA on the number of drug users, figures show that on 2013 & 2014, there were 3 million drug users and an estimated 700,000 users on 2016. This number proves truth that the Philippine is the central of illegal drug mobility says Makinano (2018). Comparing the figures from an earlier stand-alone study of the Dangerous Drugs Board in 2008, there were an inferior number which amounts to 1.7 million of users which relates to the 1.9% of the demography of the Philippines in the same year pertained to. However, in 2012, the prior statistics was much lower based on the study done by DDB cooperated by Philippine Normal University which showed 24% decrease on the figures from the 2008 survey, representing 1.3% of the total population in 2012. As traced on the surveys conducted by DDB, there was a major run down of the estimates of drug users from 2004 with 6.7 million of drug users, part of which is associated with marijuana use, to year 2012 highlighting a heightened decrease of 81% within 8 years. However, based on the adapted information from DDB in the article of Makinano (2018), 1.8 million of users were counted. In 2017, during the kick-off of the war on drugs of the Duterte administration, a surprising 261% of the users elevated. PDEA pinned a total of 4.7 million drug users in 2017 affecting 42, 036 barangays all over the Philippines, where 20,872 of which are affected by drugs, 13,920 are slightly affected and 208 are seriously affected. The drugs used in the aforementioned figures and statistics were Methamphetamine or shabu being the first in the list, followed by marijuana or Cannabis Sativa, and ranking at third is ecstasy. The estimates of the Philippine Drug Enforcement Agency and the Dangerous Drugs Board is clear implication of an ‘inverse’ reverse psychology on part of the users. Law enforcers of RA 6425 hand on hand fulfill their duties and oaths to give security and orderliness in all strata of society. However, despite a stronger implementation of the law, these users resort to their continuous use of these illegal drugs resulting to a health issue known as Substance Use Disorder or simply, addiction. Regardless of how strict the state will carry out its anti-illegal drugs programs, there are still loopholes in the system making it a jaw without its teeth. Nevertheless, should the state venture on legalizing marijuana, critics say there has to be an equitable and measurable legal guideline that will make these actions of the government possible. Loosing the security of such system through legalizing an illicit drug would mean a breach to an existing law which is RA 6425, thus calls for effective and efficient measures.
Political Perspective in the Legalization of Marijuana
The topic of legalizing the use of marijuana has currently been the subject of debates in various jurisdictions. Many countries are also on its way on legalizing this but many entities are opposing that idea. Here in the Philippines, the idea of legalizing medical use of marijuana also keeps on catching attention of the people. We all know that the intention of this is good but it can’t be denied that there’s a huge possibility that some people will take this for granted and use this drug for recreational use.
If medical marijuana will be legalized, there are many benefits that people will get from it. Although many are arguing about the truth behind the medical benefit of marijuana, researches are the proof that it really has. In the research made by Mechoulam (1964), it was found out that cannabidol (CBD) doesn’t have psychoactive side effects. In addition, Mechoulam (1964) said that THC was found out to be “an anti-vomiting and anti-nausea drug for cancer chemotherapy, and as an appetite-enhancing agent.” Another living proof of the medical benefit of marijuana is the American who lived in the Philippines who was diagnosed with “high-grade AA” brain tumor. He underwent surgery and chemotherapy but the tumor kept on returning. He then decided on trying cannabis oil. The sickness that he had did not vanish instantly but he was able to have a healthy and normal life again.
With these evidences, lawmakers believe in the medical capability of marijuana. The proposition of the legalization of medical marijuana was supported by the House Bill 6517 or the Philippine Compassionate Medical Cannabis Act seeking to legalize the use of medical marijuana in the country. The author of this controversial house bill was Isabela Representative Rodito T. Albano III and he has been gaining support for it. He assured that medical marijuana being used in a legal way will not affect healthy Filipinos but rather aid to the recovery of terminally ill Filipinos. This house bill was first rejected in the 16th Congress because it didn’t even gain the approval of the committee level. However, right now, change of events can be clearly seen. The House passed this house bill with a vote of 163 for the measure. Well, even President Rodrigo Duterte approve the medical use of marijuana.
Clearly stated in the bill that if ever medical marijuana will be legalized, it has to adhere to the requirements that will be given by the Department of Health. Control provisions also stated in the bill serve as an assurance that there will be no abuse in usage of this drug and will only cater to patients with severe conditions. The said bill attempts to create a Medical Cannabis Regulatory Authority which will be under the supervision of the Department of Health with the purpose of regulating the usage of medical cannabis in the Philippines. Also, a facility called Medical Cannabis Safety Compliance Facility will be formed to conduct continuous research about cannabis.
On the contrary, Clark, Capuzzi & Fick (2011) asserts that legalizing marijuana may be of medical benefits or something that constitutes the rights of the people to medical access, there are still humps that may escalate the momentum of this supported legal marijuana endeavor knowing that this is a Schedule I drug that has been a subject for state and federal conflicts. First is the law that regulates the substance in the federal and state levels. Second is that there are conflicts on the rights of each state on legalizing due to the precedence of executive laws that regulates the use of marijuana in most of the states. There were about 16 states that already established legal marijuana including the district in Columbia. Lastly is the concern on health law that emphasizes the worries on health issues like the autonomy on medical practice and the malpractice itself including above normal prescriptions in exchange for money, overdosage, and the administering of the substance to second hand users or the non-patients.
However, as stated by Clark, Capuzzi & Fick (2011), there are always good side when there is rotting bad motif as suggested by an ethical principle called the principle of double effect. For politicians, it is easy to say that each of the bill that they propose for legalization is anchored on objectives that will benefit the public. However, due to ethical malice and issues of the intent of these political personalities, the security of the effectiveness of legalizing marijuana is still in quandary for the reason that past news reported that even those law makers and enforcers allegedly are illegal drug aficionados and drug traders, and even got themselves on court trials and some have been proven guilty by virtue of the Comprehensive Dangerous Drug Act of 2002.
INGO’s and Advocates
Influential people and non-government organizations were also been supporting the legalization. Before Miss Universe 2018 Catriona Gray was crowned, she got to answer during the pageant’s question and answer portion one of the controversial issues in the Philippines which is the legalization of medical marijuana. When asked, she answered, “I’m for the use (of marijuana) in medical use but not so for recreational use because I think if people were to argue about ‘what about alcohol and cigarettes?’, well everything is good but in moderation”. The role of the Miss Universe in the society is to initiate positive changes in the world and with this statement of hers, this could be helpful in the passage of the bill.
Because of Gray’s statement, many organizations whose primary advocacy is about the legalization of medical marijuana were empowered. A non-government organization in the Philippines named Philippine Organization for the Reform of Marijuana Laws (Pormal) also gave its support for this. The Philippine Cannabis Compassion Society is also giving their support which advocate the legalization of medical marijuana. Green Rush Daily, a western cannabis advocacy group even acknowledged her statement. This shows that even international organizations and influential individuals unite as one for a greater cause.
References
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