Legalization

Medical marijuana is already allowed under Philippine law? This is another case of intellectual dishonesty by the plagiarist who likes to portray himself as an anti-drug warrior.

Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 imposes death or life imprisonment plus fines ranging from P500,000 to P10 million for the cultivation of marijuana, opium poppy and other plants from which dangerous drugs are derived. But cultivation is allowed for “medical laboratories and medical research centers” for experiments, research and “the creation of new types of medicine.”

In such cases, the Dangerous Drugs Board “shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials,” according to RA 9165.

The law does not provide for the prescription of marijuana for therapeutic use, and anyone who is caught smoking pot and claims it’s meant to kill pain or for other medical purposes goes to jail.

For possession of at least 300 to less than 500 grams of marijuana in whatever form, the penalty is 20 years to life in prison plus fines ranging from P400,000 to P500,000. For less than 300 grams, it’s 12 to 20 years plus P300,000 to P400,000.

I don’t think any of the big pharmaceutical companies is engaged in cultivating marijuana or opium poppy in the Philippines for medical research. And if you’re not a member of Big Pharma, I doubt if “marijuana cultivation” can qualify as a micro or small private enterprise in the Philippines, like in California and several other US states or in the Netherlands.

So, no, Juan and Juana, medical marijuana is not allowed in the Philippines. It needs a law, which returning Health Secretary Francisco Duque III reportedly supports. Maybe his former boss who is believed to have endorsed him to President Duterte, and who reportedly has pain management problems, can benefit from medical marijuana.

Duterte himself has expressed openness to the idea, most likely because of his pain management problems. Cannabis must be safer (and more fun to use) than his painkiller of choice, Fentanyl – one of the top opioids in US President Donald Trump’s war on drugs.

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As part of teenage exploration I tried weed (yes, I inhaled), but my body and anything smoked have never agreed with each other. It was a short-lived dalliance. I’ve also tried marijuana-laced brownies and thought it was a rip-off. There was also that warning back in the day about cannabis affecting chromosomes and causing genetic problems in babies, but I was more concerned about marijuana causing bad breath. Whatever, the appeal of weed was lost on me.

But I’m curious about the fate of proposals to legalize medical marijuana, because it would mark a significant departure from Toughie Rody’s dirty war on drugs and Philippine policy on narcotics in general.

The proposal, if pursued, will also be in sync with a growing global trend to fight drug trafficking and its concomitant ills – deadly violence, corruption and narco politics, even child abuse – through legalization of certain substances combined with tighter regulation of the drug trade as a business.

The South Americans, the world’s largest exporters of cocaine, are moving in this direction. But the idea isn’t gaining traction in Asia, home to the opium-producing Golden Triangle of Laos, Myanmar and Thailand as well as the Golden Crescent at the crossroads of Afghanistan, Iran and Pakistan.

Asia is also a major producer of poor man’s cocaine or shabu, and Duterte is not the only leader in the region who thinks those who synthesize and sell methamphetamine hydrochloride deserve no mercy. Shabu does include components that could fry the brain, although the stimulant ephedrine probably makes the user ignore the destructive effects of the drug.

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The drug problem is proving intractable not just for the Philippines. At some point in life, it seems many people feel the need to escape one’s problems or lose control even for a while. Mind- or mood-altering substances feed the need, and there have always been enterprising individuals who produce the supply to meet the demand.

Drugs are also used for rituals, and yes, for medicinal purposes.

Opium has been around for ages, fueling wars, propping up regimes or causing their collapse, financing insurgencies. When the “hard” drugs are not available, drug abusers experiment with available substances.

Filipino drug abusers have used stimulants, depressants, painkillers and even cough preparations to get high, faking prescriptions for prohibited or tightly regulated drugs. Pharmaceutical companies, aware of the abuse, have reformulated their products to eliminate the high-inducing substances and add components that induce vomiting in case too much is ingested.

But new drugs were quickly introduced as replacement. Today we have Ecstasy and other party drugs, some of which can be lethally toxic even in small doses, according to anti-narcotics agents. Such drugs are unlikely to be included in any move toward legalization.

What can legalization achieve? Apart from giving those suffering from chronic pain a cool medicine, it can bring down the price of the drug, and of course mean fewer people being jailed or killed for marijuana possession.

Will it bring down demand? For drug abusers especially youths, the danger of using a prohibited substance adds to the appeal. In the US, however, legalization of pot seems to have even boosted demand.

In our country, legalization of medical marijuana can also get out of control, considering our poor record in enforcing any law.

Many approaches to curb the drug menace have been tried, however, with little impact on global drug trafficking. Legalization is the latest approach.

Although radical, anything should be worth trying at least once.

Besides, it’s better than executing drug suspects.