Legality of Cannabis by U.S. Jurisdiction

In Thailand, cannabis, known by the name Ganja (Thai: กัญชา; RTGS: kancha) was decriminalized on June 9, 2022.[1] Medical use, with patients requiring a prescription, has been made legal since 2018.[2] Since 2022, the Thai Food and Drug Administration officially removed cannabis plant from the Category 5 narcotics list.[1] Possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal. Cannabis extracts and cannabis products (including edibles, food supplements, cosmetics, etc.) containing THC more than 0.2% by weight are still categorized as narcotics. Import and export of cannabis are still highly regulated. Recreational use of cannabis products is discouraged but legal. There is no restriction on THC content for cannabis plant parts. Sales of cannabis plant parts, products, and edibles are prohibited to minors (< 20 years old), pregnant women, and breastfeeding women. Cannabis smoke is considered a public nuisance and thus prohibited in public areas.[3][4]

Cannabis appears to have been introduced to Thailand from India, with the similarity of the Thai name to the Indian term ganja cited as evidence.[5] Cannabis has historically been used in Southeast Asia as an ingredient, a kitchen condiment, a medicine, and a source of fiber.[6] Laborers were known to use it as a muscle relaxer. It was reportedly used to ease women's labor pains.[7]

On 8 May 2022, Thailand's health minister Anutin Charnvirakul announced in a Facebook post that the government will distribute one million free cannabis plants to households across the country, starting June 9. The move is said to be a step further into Thailand's plan to use cannabis as a cash crop.[8][9]

Legalization and decriminalization

The possession, cultivation, sale, and use of cannabis was criminalized by the Cannabis Act 2477 BE (1935)[10] and again by the Narcotics Act 2522 BE (1979).[11] In 2018, Thailand became the first Asian nation to legalize medical cannabis.[12][13]

Cannabis became decriminalized and smoking/vaping at public places can still attract penalty/ imprisonment under public nuisance .[14][15]

Cannabis dispensaries were available as early as April 2022.[16] On June 9, 2022, all cannabis plant parts were entirely removed from the narcotic list, decriminalizing all cannabis-related crime.[3] Around 4,200 prisoners were released as a result of the decriminalization on the same day.[17]

Regulations

Consumption

There is no restriction on the consumption of cannabis plant parts, however, cannabis oils and tinctures with over 0.2% THC are still considered to be illegal. Consumption of these extracts is only reserved for medical use under prescription.[3][4] Cannabis smoking is legal for personal use in private areas but prohibited in public areas by the Public Health Act 2535 BE (1992) with the fine being up to 25,000 Baht (~US$700) and or imprisonment for up to 3 months.[17]

Cultivation

There are currently no restrictions on how many plants each individual can cultivate. The specific law regulating cannabis is still pending in Thai parliament as of 2023. However, the government urges people to register their cannabis plantation on the website or the application "Plookganja" (meaning "Let's grow cannabis") in case that the future cannabis law may require the license.[18]

Supply

Thai law essentially excludes all foreign companies as well as foreign majority companies incorporated in Thailand from producing, selling, importing, exporting, and processing cannabis. The move has been viewed as an effort to protect local companies from the onslaught of highly resourceful and modern technology equipped foreign actors, however "imported" strains are widely available.[19]

Distribution

On 11 May[when?], Thailand's first two full-time clinics dispensing cannabis oil for medical treatment were inaugurated. The move is in line with the government's intentions to promote licensed use of medical marijuana to address various health conditions. These two clinics are an addition to 25 part-time clinics that are operating since the legalization of the drug under the new legislation.[20] If this experience produces promising results, the government is all set to open two more clinics as a part of a planned nationwide network of marijuana clinics.[21] The people who were using illegal expensive medical marijuana from underground suppliers are most likely to benefit from it. In addition, the FDA has approved all hospitals of the Public Health Ministry to prescribe medical cannabis to people with approved medical conditions.[22][23]

  • Medical cannabis dispensary clinic in Thailand in 2022.
    Medical cannabis dispensary clinic in Thailand in 2022.
  • Cannabis bar in Thailand in 2022. Selling of cannabis to minors (< 20 years old) or pregnant women is prohibited by the decree from the Ministry of Health.
    Cannabis bar in Thailand in 2022. Selling of cannabis to minors (< 20 years old) or pregnant women is prohibited by the decree from the Ministry of Health.
  • Cannabis edibles sold in a cannabis store in Thailand in 2023. For edibles, CBD is fully allowed but THC is not allowed more than 0.2% by weight.
    Cannabis edibles sold in a cannabis store in Thailand in 2023. For edibles, CBD is fully allowed but THC is not allowed more than 0.2% by weight.

References

  1. ^ a b Benveniste, Alexis (14 June 2022). "Marijuana is now legal in Thailand. What does that mean for tourists?". Washington Post. Archived from the original on 2 October 2022.
  2. ^ "Thailand approves medicinal cannabis". BBC News. 25 December 2018. Archived from the original on 31 March 2020. Retrieved 14 January 2020.
  3. ^ a b c "Notifications of the Ministry of Health Re : Specifying the Category V Narcotic Substance 2565 BE (2022 AD)" (PDF). Royal Thai Government Gazette. 8 February 2022. Archived (PDF) from the original on 20 April 2022. Retrieved 10 June 2022.
  4. ^ a b "Act Promulgating the Narcotic Code 2564 BE (2021 AD)" (PDF). Royal Thai Government Gazette. 7 November 2021. Archived (PDF) from the original on 25 June 2022. Retrieved 10 June 2022.
  5. ^ Martin, Marie Alexandrine (January 1975). "Ethnobotanical Aspects of Cannabis in Southeast Asia". In Rubin, Vera (ed.). Cannabis and Culture. Mouton Publishers. pp. 63–76. ISBN 9027976694. Retrieved 12 December 2018.
  6. ^ Blair, Eric (11 July 2001). "History of Marijuana Use and Anti-Marijuana Laws in Thailand". Thailand Law Forum. Archived from the original on 4 June 2019. Retrieved 12 December 2018.
  7. ^ Kapoor, Kanupriya; Thepgumpanat, Panarat (12 December 2018). "Weeding out foreigners: strains over Thailand's legalization of marijuana". Reuters. Archived from the original on 12 December 2018. Retrieved 12 December 2018.
  8. ^ "Thailand to give away one million free cannabis plants to households, minister says". KMIZ. 11 May 2022. Archived from the original on 30 June 2022. Retrieved 11 May 2022.
  9. ^ "Explained: Why Thailand will distribute 1 million cannabis plants to households". The Indian Express. 12 May 2022. Archived from the original on 16 May 2022. Retrieved 16 May 2022 – via Yahoo! News.
  10. ^ "พระราชบัญญัติกันชา พุทธศักราช ๒๔๗๗" (PDF). Royal Thai Government Gazette. 52: 339–343. 5 May 1935. Archived (PDF) from the original on 4 October 2018. Retrieved 6 December 2016.
  11. ^ "Criminal Drug Offences in Thailand". Siam Legal. Archived from the original on 21 October 2018. Retrieved 12 December 2018.
  12. ^ "Thailand approves medical marijuana in New Year's 'gift'". Nikkei Asia. Archived from the original on 13 December 2021. Retrieved 2 April 2021.
  13. ^ "Thailand's Unlikely Embrace of Cannabis". Bloomberg.com. 18 July 2019. Archived from the original on 24 April 2021. Retrieved 2 April 2021 – via www.bloomberg.com.
  14. ^ "Thailand gives green light to growing cannabis at home". Reuters. 25 January 2022. Archived from the original on 16 May 2022. Retrieved 8 July 2022.
  15. ^ "Is Weed Legal in Thailand? - Weed Thailand". 18 May 2022. Archived from the original on 8 July 2022. Retrieved 8 July 2022.
  16. ^ "Cannabis US company opens medical marijuana clinic in Thailand". Archived from the original on 26 April 2022. Retrieved 27 April 2022.
  17. ^ a b "ปลดล็อกกัญชา 9 มิ.ย.นี้ ทำอะไรได้แค่ไหน สายเขียวปุ๊นในที่สาธารณะได้หรือไม่". ไทยรัฐ. 12 June 2022. Archived from the original on 12 June 2022. Retrieved 12 June 2022.
  18. ^ "Plookganja.fda.moph.go.th". Food and Drug Administration of Thailand. Archived from the original on 11 June 2022. Retrieved 12 June 2022.
  19. ^ Thepgumpanat, Kanupriya Kapoor, Panarat (12 December 2018). "Weeding out foreigners: strains over Thailand's legalization of marijuana". Reuters. Archived from the original on 13 December 2021. Retrieved 2 April 2021 – via www.reuters.com.{{cite news}}: CS1 maint: multiple names: authors list (link)
  20. ^ "Inside Thailand's free cannabis clinic". France 24. 6 January 2020. Archived from the original on 13 December 2021. Retrieved 2 April 2021.
  21. ^ Setboonsarng, Chayut (6 January 2020). "Thailand rolls out cannabis clinic based on traditional medicine". Reuters. Archived from the original on 13 May 2021. Retrieved 2 April 2021 – via www.reuters.com.
  22. ^ Somerset, Sara Brittany. "Thai Cannabis Clinic Sees Thousands Of Patients In Its First Week". Forbes. Archived from the original on 13 December 2021. Retrieved 2 April 2021.
  23. ^ "Can medical cannabis in Thailand balance profits and patients?". Archived from the original on 14 May 2021. Retrieved 14 May 2021.
source: https://en.wikipedia.org/w/index.php?title=Cannabis_in_Thailand&oldid=1145404876