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Cannabis is legal in Thailand as of June 9, 2022
After the Thai authorities decriminalized cannabis on 9 June 2022 by removing the plant from the list of drugs in category 5, the land of smiles has had more to smile about. Possession, cultivation, distribution, consumption and sale of all cannabis plant parts is now legal.
1 of 3 countries that have decriminalized cannabis
The decriminalization made Thailand the first country in Asia to allow the cultivation and use of cannabis, and the third country in the world to do so (after Uruguay and Canada).
Motivation
The reason for the decriminalization is that Thailand wants to market the medical use of cannabis and build an industry around this. The authorities expect that the cannabis market in Thailand will be greater than 10 billion baht in 2027.
The legalization of cannabis without laws regulating its use immediately created “wild” conditions in Thailand, where people could suddenly buy cannabis and cannabis-containing products everywhere. In August, the government therefore presented a new bill to tighten and make the cannabis rules clearer for the public.
Not a legalization of THC
The authorities do not want to legalize the recreational use of marijuana. It is therefore illegal to produce and sell products (medicine, food and drink) that contain more than 0.2% THC (tetrahydrocannabinol). THC is the substance in the cannabis plant that creates the psychoactive effect we refer to as “high” and “stone”.
The THC limit of 0.2% applies not only to medicine, food and drink, but to all cannabis extracts.
It is not allowed to smoke marijuana in a public place
It is important to note that smoking cannabis in public is prohibited if it bothers others. After the first warning, repeat violations will be fined 2,000 bath and a month in jail. The maximum penalty for this is up to three months in prison and a fine of 25,000 baht. Smoking in your private home is permitted.
The new bill proposes a general ban on cannabis in public places, public offices, temples, educational institutions, nursing homes, dormitories, parks and restaurants.
Age limit = 20 years
In order to prevent young people from starting to use cannabis, which can have harmful effects on the child’s development, Thailand has created a regulation that prohibits people under the age of 20 from possessing and using cannabis, unless they have a doctor’s permission. The same rule applies to pregnant and nursing mothers. It is also not allowed to carry or use cannabis at school or kindergarten.
In the new bill, it is proposed that the penalty for selling to children and vulnerable groups be increased to 1 year in prison and up to 100,000 baht.
Prohibition against driving while intoxicated
The new bill proposes a ban on marijuana-intoxicated drivers from driving a vehicle.
Cultivation
Private individuals are allowed to grow cannabis for their own medical use at home. There are no limits to how many plants you can have, but the law requires you to notify the authorities that you are growing cannabis. The new bill proposes to set a ceiling of 15 cannabis plants per private household.
Professionals who wish to cultivate, further process and sell cannabis for commercial use must obtain a license for this.
In June 2022, the FDA (Food and Drug Administration) launched a mobile app for IOS and Android, and a website where people can register that they grow cannabis and/or hemp. The aim of the app is to give the authorities an idea of how much is grown and where. The website and app is called “Plook Ganja” (Plook Ganja, or plant ganja) and can be found here: http://plookganja.fda.moph.go.th.
Import
The importation of products containing cannabis and hemp extracts, and hemp derived products, as well as any parts of cannabis and hemp, into Thailand is illegal.
Tourists arriving in Thailand from a place where the recreational use of cannabis is allowed cannot therefore bring marijuana from their home country.
The new bill proposes a maximum sentence of 5 years and/or a fine of up to 500,000 baht for “importing hemp or cannabis from abroad without asking permission“.
Foreigners
Thai law excludes all foreign companies as well as foreign majority companies incorporated in Thailand from producing, selling, importing, exporting, and processing cannabis. The ban on foreign companies is an attempt to protect local companies from the attack of highly resourceful and modern technology-equipped foreign actors.
Obligation to provide information
It is a requirement that the supplier must provide clear information about the use of cannabis in food and drink.
Use of cannabis as raw material
When it comes to the use of cannabis, hemp or extracts that are raw materials, the laws that regulate this finished product apply in addition to the current cannabis legislation. E.g. applies to the Herbal Products Act when it comes to the use of cannabis as a herbal product, the Food Act when it comes to cannabis as food, the Cosmetics Act when it comes to the use of cannabis as a cosmetic, etc.
Marketing
In the new bill, it proposes a ban on the advertising of “Flowers or resins of cannabis or its extracts”, including tools and equipment for smoking cannabis in any form. A ban on excessive advertising of other parts of marijuana and hemp is also proposed.
