Details of Thailand's new cannabis law

In a much-anticipated move, Thailand is set to decriminalize cannabis and hemp on June 9, when a new law comes into effect. 

The milestone makes Thailand the first Asian nation to legalize home cultivation, but bans remain.

The Bangkok Post newspaper answered the most pressing questions regarding the new regulations.

What does Thailand's new cannabis cultivation law mean?

On February 9 of this year, the Department of Public Health announced that it was removing cannabis and hemp from the list of controlled substances in Category 5 of narcotics in the Royal Gazette.

The law takes effect 120 days after the announcement in the publication.

The government said the main objective of the new law is to encourage enthusiasts to use Thai-grown marijuana to alleviate certain health problems and promote good health at the household level.

Thailand already has at least 10 indigenous cannabis plant species.

Recently, Thailand made international headlines when the government announced a nationwide campaign to distribute one million cannabis plants to interested growers.

See: Why Thailand will distribute cannabis plants to individuals

The importation of cannabis seeds or other parts of the plant and cannabis products remains illegal.

People must still seek government permission to plant seeds, while other aspects of cultivation are regulated by the Agriculture Act.

Finished goods brought into Thailand from other countries, either in person by travelers or by mail, will be governed by different laws depending on the type of product (the two main categories are imported food and cosmetics).

Is marijuana now legal in Thailand?

Photo from the High Maintenance series

The short answer is that low-THC marijuana for home cultivation has been considered legal since June 9.

The law considers low THC (tetrahydrocannabinol) to be 0.2% by weight or less.

A higher percentage for cannabis and hemp extracts remains illegal.

THC is the main psychoactive compound in marijuana, and it is what gives you the feeling of being high.

When cannabis is removed from the country's list of narcotics, Dr. Kiattisak Wongrajit, Permanent Secretary for Public Health, said the 2017 Tobacco Control Act will be used to ensure that marijuana is used by households for health and medical reasons, not recreationally.

A new cannabis control bill is currently being debated in parliament.

A person cannot legally "get high" in a public place, for example on the streets of Bangkok.

Such actions carry legal consequences, including the fact that the vapors released by marijuana smoke are considered a disturbance.

The fine for such an offense is a maximum of 25,000 baht (678 euros) and/or three months in prison.

What are the penalties if you break the new law?

Marijuana extracts containing more than 0.2% THC by weight will still be recognized as a Schedule 5 substance and regulated under the Narcotics Control and Suppression Acts.

According to Kulkanya Vorawanichar, a senior partner at Bangkok-based law firm LawPlus, the cannabis and hemp law is still in draft form.

It stipulates that anyone who fails to obtain a permit from the Food and Drug Administration (FDA) to cultivate cannabis for commercial purposes will be liable to a prison sentence of up to three years and/or a fine of up to 300,000 baht (8,138 euros).

The bill does not contain any provisions that would impose penalties for individuals who fail to notify the FDA of the cultivation of cannabis for domestic purposes.

“In the interim period (before the bill becomes law), there is no specific law imposing penalties on individuals who fail to notify the FDA that they wish to cultivate cannabis.

"From what we understand from the FDA, they are only seeking cooperation from people who want to grow cannabis during this interim period," she said.

Regarding monitoring and enforcement, Ms. Kulkanya said the laws governing cannabis are new and evolving.

"We believe the Thai government will ensure that these laws are properly enforced.

We will have to wait and see the level of resources devoted to law enforcement.

“Typically, the trigger for enforcement of many offenses is often a law enforcement authority that is notified of a violation, often through a public complaint,” she said.

How can you grow marijuana for home use?

Cannabis plant

Anyone who intends to grow marijuana and hemp plants at home for health and medicinal purposes can do so by registering on the FDA's mobile app called Plookganja.

Home growers can grow as many plants as they want.

There are three steps: filling in personal information, indicating the reasons for planting, and then receiving an electronic registration certificate.

FDA Deputy Secretary General Withid Sariddeechaikool said the agency has trained officials from the Bangkok Metropolitan Administration's Health Department and provincial government organizations across the country to respond to inquiries regarding registration.

The FDA's hotline for questions is 1556, then press 3.

The website is in Thai.

What does the government hope to accomplish?

Public Health Minister Anutin Charnvirakul has long pushed for the decriminalization of cannabis in Thailand.

He has repeatedly emphasized that the current easing of restrictions on marijuana aims to promote three areas:

1. highlight the medical benefits,
2. serve as an alternative treatment for patients and
3. support a green economy by making marijuana and hemp cash crops.

The image of California-style cannabis dispensaries or people smoking joints on the beach is not what the Thai government has in mind.

However, the law could change to promote recreational use in the future.

See: Thailand to launch a sandbox for recreational cannabis use

Sittichai Daengprasert, general manager of JSP Pharmaceutical Manufacturing (Thailand), a distributor of medicines and dietary supplements, believes that both villagers and businesses will benefit from the growth of the cannabis industry.

According to him, this decision is expected to boost the use of cannabis in various industries, from medicine to cosmetics and food, marking a new era for the plant in Thailand.

According to JSP, the CBD (cannabidiol) oil market has an estimated value of 100 billion baht.

What do Thai people think about marijuana use?

Thai Health Minister Anutin Charnvirakul at a cannabis farm

Market research and data analytics company YouGov found that nearly half of Thais have used cannabis products in the past two years, while 62% say they are interested in using such products in the next 12 months.

The report is based on an online survey conducted in February with 2,044 participants aged 18 and older.

It reveals that 73% of Thais are aware of the commercial availability of cannabis products, whether beverages, food or cosmetics.

The report reveals that 26% of Thai men and 15% of Thai women are interested in using a marijuana product in the next year.

Source: Bangkok Post