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Thailand To Relist Cannabis as a Narcotic

On May 8, 2024, Thailand’s government expressed concern over the current free use of cannabis and plans to have it relisted as a narcotic by the end of the year.

The Decriminalization of Cannabis

Thailand was the first Asian country to legalize cannabis for medicinal purposes in 2018, and later the first to decriminalize cannabis extracts containing less than 0.2% of Tetrahydrocannabinol (THC) in June 2022.

This, along with the lack of specification of the “small amount” allowed for personal consumption in the National Narcotics Act (1976), opened a new market for recreational cannabis in Thailand. Since then, thousands of cannabis stores have sprung up throughout the streets of Bangkok and across the country for both locals and incoming tourists. 

Proponents of legal cannabis tout the positive impact it has had on the economy, as the industry is expected to be worth up to 1.2 billion USD by 2025. On the other side, anti-cannabis voices in the government and the public claim that there has been an increasing number of reports related to drug-fueled violence and abuse, including ones involving individuals under the legal age to use cannabis. 

A New Draft Bill

Despite the government’s efforts to regulate cannabis, such as requiring licenses for the planting and selling of cannabis and banning the sales of cannabis to pregnant women and individuals under the age of 20, the public’s access to cannabis remains alarmingly easy.

Even the fine of 25,000 THB for getting caught smoking or vaping cannabis in public spaces does little to deter consumers. It also pales in comparison to the previous 15 years of imprisonment for those in possession of cannabis.

To counter this issue, Thailand’s previous Minister of Public Health, Cholnan Srikaew, proposed a bill to the Cabinet to ban all recreational use of cannabis and relist it as a narcotic. As of this writing, there is no clear regulation for cannabis shops and home growing, but the bill will impose the following penalties for those caught:

  • Using cannabis for recreational use: A fine of up to 60,000 THB and imprisonment of up to 1 year.
  • Advertising or marketing cannabis for recreational use: A fine of up to 100,000 THB.
  • Farming cannabis without a license: A fine between 20,000 and 300,000 THB or imprisonment of up to 3 years.

The Future of Cannabis

Though a bill has already been proposed and is waiting for approval, newly appointed Public Health Minister Somsak Thepsuthin says that public opinion must be heard first before making the final decision on the future of cannabis.

With how beneficial it has been for the economy, the decision to relist cannabis as a narcotic is becoming increasingly harder as cannabis business owners and advocates apply pressure on the government. It is generally accepted that if the bill successfully passes into law, all cannabis-related businesses would have to shut down, which would cause a surge in unemployment throughout Thailand.

The Secretary-General of the Cannabis Future Network, Prasitchai Nunual, reasons that if research proves cannabis to be worse than alcohol and cigarettes, then there would be no objection to passing the bill. However, if proven otherwise, then alcohol and cigarettes should be listed as narcotics as well. Currently, no such data has been presented.

The future of cannabis in Thailand remains uncertain. Thai Prime Minister Srettha Thavisin wants the drug listed as a narcotic by the end of 2024, and cannabis proponents are poised to resist, setting the stage for a contentious series of events by year’s end.

Legal Advisors
Legal Advisors
Siam Legal is an international law firm composed of experienced lawyers, attorneys, and solicitors both in Thailand law and international laws. The law firm offers comprehensive legal services in Thailand to both local and foreign clients for civil & criminal litigation cases, labor disputes, commercial cases, divorce, adoption, extradition, fraud, and drug-related cases. Other legal expertise of the law firm varied in cases involving corporate law such as company registration and Thailand BOI, family law, property law, and private investigation.

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