The following is a guest opinion article from Doc Martyn. His opinions and advice are entirely his own and may not necessarily be those of The Pattaya News Company Limited. His contact information can be found at the end of the article.
1. In 1935 the cultivation, sale, and use of cannabis in Thailand was criminalised.
In 2018 Medical Cannabis, requiring a prescription from a medical practitioner, was legalised. The principal indications for its use; are pain and/or insomnia.
On 8th November 2021, the Thai government published a new Act: Prescribing the Use of the Narcotics Code. Once enacted, all the previous legislations regarding narcotics, such as the Narcotics Act and amendments thereof, were revoked.
Currently, this new Narcotics Code is the main law that governs the manufacture, import, export, sale, possession, and use of narcotics in Thailand.
To satisfy the emerging increase in global consumption of cannabis, the new narcotics code released cannabis from its category 5 narcotic classification. This release was an attempt by the government to promote cannabis and hemp as ‘cash crops’ of Thailand.
However, this release excluded extractions of cannabis or hemp which contained more than 0.2% of Tetrahydrocannabinol (THC).
2. The new regulations determined that the purchase and possession of cannabis was available to people aged 20 and over, and the private use of cannabis became legal. But, in accordance with the Public Health Act 1992, the use of cannabis in public remained illegal, and the THB 25,000 infringement penalty was retained.
3. In May 2022, the Thai health minister, Anutin Charnvirakul announced, via a Facebook post, that, to facilitate Thailand’s plan to use Cannabis as a cash crop’, the government would distribute 1 million free Cannabis plants to Thai households. This distribution commenced on 9th June 2022, the day the Thai Government legalised the use of cannabis extracts containing less than 0.2% THC. This promotion was very successful and resulted in the vast array of cannabis shops that now line Thailand’s City Streets.
On 9th February 2024, new legislation made it illegal for anyone to carry 30gm/30ml or more product in public. Such amounts would suggest an intent to distribute/sell which is illegal without a permit. Penalty; THB 25,000.
4. THC is contained within the buds of the cannabis plant, see photo 1. Budless plants contain less than 0.2% THC. Such plants are commonly referred to as hemp, see photo 2.
Recreational cannabis, containing more than 0.2% THC, remained and technically remains a regulated category 5 narcotic, although enforcement varies.
5. On a recent Tuesday at 3am one of our therapists was returning to the Spa at the end of a party. He was not wearing a helmet. He was carrying a small amount, less than 30gm, of cannabis in his pocket. He was stopped by three police at a roadblock. He was taken to the Bang Lamung Police Station. His breathalyser test was negative. Utilising the nascent February legislation, the police accused him of distributing cannabis and charged him THB 20,000.
At the station he fell into great despair. In typical Thai style, he had no money. He could not afford to pay the fine. When the police realised that he worked at our Spa and when Dao, whom they knew well, arrived, his fine was reduced to THB 12,000. Naturally, I settled the fine, because that is what Farangs do!
6. In writing this story, I have become confused.
The changes in legislation make no sense. Cannabis was legalised for personal use, but only if the THC content was <0.2%. To my knowledge, all the recently established ganja outlets sell cannabis with a THC content >0.2% and they do not sell hemp. So, these outlets are in breach of the law. Yet sales continue. By all accounts, these outlets will be forced to close at the end of this year (although legal debate continues as do protests), leaving the shop owners in significant financial stress and duress. So much for the ‘cash crop’ promotion to assist Thai nationals.
Our therapist was charged with possessing over 30gm of cannabis, which was confiscated by the police. He was not drug tested, the weight of the cannabis was not determined and neither was the percentage of THC contained within the confiscated product. Remember, it is legal to use plants containing <0.2% THC.
7. This was a very traumatic experience for the therapist, who believed that he was complying with the new legislation. Prior to the realisation that he was a therapist at the local Spa, which is frequented by the police, the officers intimidated him, threatening him with a custodial sentence if he did not pay the fine by 8am, the end of the night shift. They explained that the THB 20,000 fine, which was ultimately reduced to THB 12,000, had been reduced from the normal THB 25,000. They also substantiated their generosity by telling him that if he was a Farang, the fine would be THB 200,000-500,000.
8. “Forewarned is Forearmed”.
Addendum: Over the past 6 years, as a retired medic living in Buriram I offered second opinions on any medical issue. I recently moved to Pattaya. As in this case, if you reside outside of Pattaya, telephone consultations are provided. For assistance; please contact me, Doc Martyn, on Facebook or call Dao on 095 414 8145.
