Narcotics in Thailand: Legislation and Responsibility

Drugs in Thailand: Legislation and Responsibility. In 2021, Thailand updated its drug legislation, mitigating penalties for some types of use and possession. However, possession and consumption remain illegal under the law. Thailand is the first country in Southeast Asia to update its legal framework with support from the Ministry of Public Health (Ministry of public health) and the Narcotics Control Board (ONCB) to soften punishments within the criminal justice system. As part of the reform, changes were made to legislation, including the 1967 Narcotics Act and the 1979 Drug Liability Act. According to Article 4 of the 1979 Narcotics Act, "drugs" are defined as any chemical or other substances that when ingested, inhaled, smoked, injected, or otherwise exert a significant physiological or psychological effect. Article 7 categorizes drugs into five categories: dangerous drugs (methamphetamine, heroin, ecstasy), pure drugs (morphine, cocaine), drug substances containing Category II substances, chemicals for producing Category I and II drugs, and other drug substances not falling into other categories. Marijuana and kratom had special regulation. In 2022, marijuana was removed from the fifth category of drugs, allowing possession, cultivation, distribution, consumption, and sale of plant parts for personal use provided that tetrahydrocannabinol (THC) content does not exceed 0.2%. Smoking cannabis in public places is prohibited. Possession of Category 1 or 2 drugs weighing 100 grams or more is considered commercial, with penalties potentially reaching life imprisonment. Possession of Category 1 drugs less than 20 grams and Category 2 drugs less than 100 grams of pure substance entails severe sanctions from 1 to 20 years in prison. Consumption of Types 1 and 2 for 6 months to 10 years, consumption of Type 5 up to one year imprisonment and a fine up to 10,000 baht. All court cases related to drugs have an criminal form, ending with a court judgment and deportation with information entered into the immigration database, restriction on entry for a long period or even a lifetime ban. Thus, Thailand aims to balance between mitigating punishments and maintaining strict control over drugs. However, it is important to note that legislation can change, so readers are advised to verify current rules regarding cannabis. Source: General Director of the law firm in Phuket, Locart International Co., Ltd. Sergey Trushchev.