Is Medical Cannabis Legal in the Philippines?

Licensing, Compliance, and Current Law (Philippine context)

Short answer: Medical cannabis is not yet legalized in the Philippines. Cannabis (marijuana) remains a prohibited dangerous drug under Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002). There is no licensing framework for cultivation, manufacturing, dispensing, or prescribing medical cannabis domestically.

Extremely limited access may be possible on a case-by-case “compassionate use” basis for specific patients through the Food and Drug Administration (FDA) Compassionate Special Permit (CSP) route for unregistered medicines—subject to stringent approvals and import controls. Over-the-counter CBD oils, “hemp” products, home cultivation, and local dispensaries are illegal.

Important: This is a general overview for information only and not legal advice. Because you asked me not to search, I’m relying on established legal doctrine and commonly known regulatory practice as of my latest training (mid-2024). If you need advice for a live matter, consult Philippine counsel and check for updates.

1) Governing legal framework

Primary statute: RA 9165 (Comprehensive Dangerous Drugs Act of 2002) and its Implementing Rules and Regulations (IRR).
Lead agencies:
- Dangerous Drugs Board (DDB) – policy and rule-making.
- Philippine Drug Enforcement Agency (PDEA) – law enforcement and licensing/permits relating to dangerous drugs and controlled precursors.
- Department of Health (DOH) / Food and Drug Administration (FDA) – drug safety, registration, and the CSP mechanism for unregistered medicines.
Status of cannabis: Cannabis (marijuana), cannabis resin, cannabis oil, extracts, and tinctures are classified as dangerous drugs. Possession, use, sale, distribution, importation, manufacture, and cultivation are generally criminal offenses unless expressly authorized for medical or scientific purposes under government permit.

2) Current legal status of “medical cannabis”

2.1 No general legalization or domestic prescriptions

There is no Philippine law authorizing doctors to prescribe cannabis products for general medical use, and no licensed dispensaries or pharmacies may sell cannabis domestically.
A physician who “prescribes” or facilitates access to cannabis outside authorized channels risks criminal liability under RA 9165 and professional sanctions.

2.2 Compassionate Special Permit (CSP) – the narrow exception

The FDA’s CSP mechanism allows named-patient access to specific, unregistered medicines when no suitable local registered alternative exists.
In practice, some patients with severe, treatment-resistant conditions (e.g., certain childhood epilepsies) have sought CSPs for cannabis-derived pharmaceutical products manufactured abroad (typically standardized, GMP-grade products).
Key characteristics of the CSP route:
- It does not legalize cannabis in the Philippines; it only authorizes import and use of a particular product for a particular patient under strict controls.
- Applications are generally made by a licensed Philippine physician (and often through a licensed hospital or specialty center) with detailed medical justification.
- If approved, the product is imported through a licensed establishment, with PDEA/DDB import clearances, customs controls, secure storage, and tight record-keeping.
- Commercial sale or general distribution remains prohibited; the CSP covers only the identified patient.

2.3 CBD and “hemp” products

CBD (cannabidiol) and hemp extracts are not exempt from RA 9165. Retail sale or possession of CBD oils, gummies, vapes, cosmetics, or “hemp” items without specific authorization is illegal.
“THC-free” marketing claims do not make a product legal. Legality hinges on government authorization; without it, importation and sale can trigger RA 9165 offenses.
Industrial hemp cultivation has no enabling law; farmers cannot grow “hemp” as a workaround.

2.4 Research use

Medical or scientific research involving cannabis is theoretically possible only with DDB/PDEA authorization and institutional ethics approvals, using lawfully sourced materials under secure chain-of-custody. There is no open research market for cannabis.

3) Criminal exposure (what remains illegal)

Penalties under RA 9165 are severe and depend on the act and the quantity involved.

Sale/Trading/Trafficking/Importation/Manufacture: Punishable by life imprisonment and multi-million-peso fines.
Possession: Penalties scale with quantity. For marijuana (dried tops/leaves), large amounts (e.g., ≥ 500 grams) trigger life imprisonment; lower but still substantial penalties apply to smaller amounts. For resin/oil, much smaller thresholds (e.g., ≥ 10 grams) can trigger maximum penalties.
Cultivation: Growing cannabis plants is a distinct offense with harsh penalties.
Use: “Use of dangerous drugs” is a separate offense; first-time offenders may face mandatory rehabilitation and penalties; repeat offenses escalate.
Paraphernalia: Possession of equipment, instruments, or paraphernalia for consuming or producing cannabis can also be penalized.
Aggravating circumstances: Acts near schools or involving minors increase penalties.

Do not travel to the Philippines with cannabis, CBD, or hemp products—even if lawful in another country. Customs enforcement is strict.

4) There is no licensing framework for medical cannabis (yet)

Because medical cannabis has not been legalized, the following do not exist in Philippine law:

Licenses for cultivation (commercial or “home grow”)
Licenses for manufacturing/extraction/processing
Licenses for distribution/wholesale or dispensing/retail (dispensaries)
A physician-prescribing framework (special prescription pads, registries, etc.)
A patient ID/registry or caretaker cards
Product registration (CPR) for domestically marketed cannabis products

Any private scheme purporting to offer “licenses” for cultivation or retail cannabis has no legal basis at present.

5) What is possible under current law (compliance view)

5.1 Compassionate Special Permit (CSP) – typical pathway

While specifics depend on the case and current FDA/DDB/PDEA procedures, a compliance-first roadmap generally looks like this:

Clinical evaluation: A Philippine-licensed physician determines that the patient has a serious condition with inadequate response to available registered therapies.
Select a product: Identify a standardized, pharmaceutical-grade cannabis-derived product legally manufactured abroad (e.g., GMP certification, Certificates of Analysis).
Document medical necessity: Prepare a medical justification (diagnosis, prior therapies tried, dosing plan, monitoring plan, risk disclosure, informed consent).
Institutional setup: Work through a licensed Philippine hospital or specialty center with a licensed pharmacy capable of handling dangerous drugs (secure storage, inventory controls).
Apply for CSP (FDA): Submit the patient-specific CSP application for that exact product and quantity, attaching medical and product documentation.
Import clearances: Upon CSP issuance, coordinate PDEA/DDB import permits, arrange shipment via authorized channels, and declare to Customs.
Secure handling: Receive into the hospital pharmacy; maintain dangerous-drug inventory, access controls, temperature controls (if applicable), and chain-of-custody records.
Dispensing & monitoring: Dispense only to the named patient as per the CSP; maintain treatment logs, adverse event monitoring, and follow-ups.
Reporting: Comply with regulatory reporting to FDA/DDB/PDEA as required; reconcile inventory and dispose of expired/unused stocks per authorized procedures.
Renewals/continuation: If therapy continues, re-apply/renew CSP and import permits; each batch remains patient-specific.

What you cannot do under CSP: Open a “clinic” to supply multiple patients, advertise cannabis, stock for general sale, or transfer the product to anyone other than the named patient.

5.2 Institutional compliance checklist (dangerous drugs handling)

Licenses/authorizations current (hospital LTO; pharmacist PRC license; any PDEA/DDB permits for handling/receiving dangerous drugs)
Policies & SOPs for ordering, receipt, storage (double-lock), dispensing, wastage/returns, and discrepancy investigations
Registers and logs (stock cards, dispensing logs, patient administration records; audit trail)
Security measures (restricted access, CCTV where applicable)
Record retention in line with FDA/DDB requirements (keep longer than the minimum if in doubt)
Adverse event reporting to FDA; pharmacovigilance procedures
Staff training (pharmacists, clinicians, security) and internal audits

6) Employment, driving, and other collateral issues

Drug testing: RA 9165 provides for drug testing in certain settings (e.g., students, specific classes of employees, drivers). A positive test for cannabis can trigger administrative or disciplinary actions under employer policies or school rules, even if a patient has a CSP (workplaces are generally not required to accommodate cannabis use).
Driving: The Anti-Drunk and Drugged Driving Act penalizes driving under the influence of drugs, including cannabis. Penalties can include fines, imprisonment, and license revocation.
Professional risk: Health professionals facilitating access outside authorized channels can face criminal, administrative, and licensure consequences.
Advertising & online sales: Advertising or selling cannabis/CBD products online or in physical stores is prohibited absent specific authorization (which presently does not exist for consumer sales).

7) Frequently asked practical questions

Can my doctor write me a prescription for CBD oil? No. There is no legal prescription pathway for cannabis/CBD in the Philippines. The only lawful pathway is FDA CSP for a named patient, followed by authorized import and hospital-based dispensing.

Can I bring CBD I bought overseas into the Philippines? No. Importation of cannabis/CBD products without express authorization is illegal and risks seizure and prosecution.

Is “THC-free hemp” legal? No. “Hemp” and “THC-free” marketing does not make a product legal. Without specific government authorization, these products remain prohibited.

Can a company get a license now to grow or sell medical cannabis in the Philippines? No. There is no licensing regime to obtain.

Is research possible? Only under DDB/PDEA-authorized protocols and institutional controls; casual or private research use is not permitted.

8) Legislative outlook (context)

Several “medical cannabis” or “compassionate use” bills have been filed in past Congresses (often titled Compassionate Use of Medical Cannabis Act or similar). While drafts vary, they typically propose:

A patient registry and ID cards
A physician certification process for qualifying conditions
Licensing for cultivation, processing, dispensing, and laboratory testing
Product standards (GMP, labeling, testing, track-and-trace)
Advertising restrictions and youth protections

As of my last update (mid-2024), none of these proposals had become law. If a future Congress enacts such a measure, expect a new regulatory framework (DDB/PDEA/DOH/FDA roles, application forms, fees, inspections, sanctions) to follow before any lawful market opens.

9) Compliance takeaways

Medical cannabis is not legalized; RA 9165 controls still apply.
CSP is the only lawful path for a specific patient to access a specific imported cannabis-derived pharmaceutical—handled by licensed institutions under strict controls.
No Philippine licenses exist today for growing, processing, distributing, dispensing, or prescribing cannabis.
CBD/hemp products are not generally lawful in retail or personal import.
Penalties are severe; businesses and clinicians should adopt zero-tolerance compliance postures and robust internal controls for any dangerous-drug handling.
For live matters, obtain current regulatory confirmation from FDA, DDB, PDEA, and counsel—rules and forms do evolve.

Need a tailored plan?

If you’re a hospital, clinician, or in-house counsel evaluating a CSP option for a specific patient, I can draft a step-by-step internal SOP (policies, forms, logs, and a documentation checklist) consistent with the constraints above.