Legality of Cannabis by U.S. Jurisdiction

The printable version is no longer supported and may have rendering errors. Please update your browser bookmarks and please use the default browser print function instead.

Bottles of cannabis-infused drink on a "healthy drink" shelf of a convenience store in Bangkok, photo taken in 2023

In Thailand, cannabis, known by the name Ganja (Thai: กัญชา; RTGS: kancha) has recently had new laws passed through. Cannabis that has less than 0.2% THC, referred to as industrial hemp in USA, was legalised on 9 June 2022. Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner. Recreational cannabis is still illegal[citation needed] according to Thai law.

Possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal, as long as it is operated under the 2 laws. Cannabis extracts and cannabis products (including edibles, food supplements, cosmetics, etc.) containing more than 0.2% THC by dry weight are still categorised as a Category 5 narcotic.

Import and export of cannabis are still highly regulated.

Sales of cannabis plant parts, products, and edibles are prohibited to minors (under 20-years-old), pregnant women, and breastfeeding women. Cannabis smoke is considered a public nuisance and thus prohibited in public areas.[1][2]

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 on the 9 June. The move is said to be a step further into Thailand's plan to use cannabis as a cash crop.[3][4]

History

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]

Laws

Packages of drumstick-shaped chips claiming to "contain cannabis leaves" sold at a supermarket in Bangkok

The possession, cultivation, sale, and use of cannabis was criminalised by the Cannabis Act 2477 BE (1935)[8] and again by the Narcotics Act 2522 BE (1979).[9]

In 2018, Thailand became the first Asian nation to legalize medical cannabis.[10][11]

Although medicinal cannabis was decriminalised, consumption, in particular smoking or vaping in public places is still subject to punishment under the Public Health Act 2535 BE (1992) as a public nuisance infraction and can lead to a 25,000 Baht fine.[12][13][14]

Cannabis dispensaries were available as early as April 2022.[15]

On 9 June 2022, cannabis extracts containing less than 0.2% THC, referred to as industrial hemp, was decriminalised.

Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner.

Recreational cannabis, often referred to as marijuana, is still illegal according to Thai law.[citation needed] Cannabis extracts and cannabis products (including edibles, food supplements, cosmetics, etc.) containing more than 0.2% THC by dry weight are still categorised as a Category 5 narcotic.

Around 4,200 prisoners were released as a result of the decriminalisation on the same day.[16]

Regulations

Age

The minimum age to buy, possess and use cannabis in Thailand is 20-years-old.[17][18][19]

Consumption

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.[16]

Cannabis is illegal for possession and use by those who are pregnant and/or breastfeeding, with an exception being granted if they can prove they have the permission of a doctor.[18][19]

Medicinal cannabis

Medical cannabis products, including oils and tinctures, with over 0.2% THC requires a prescription for use.[1][2] This includes consumption by smoking or vaping.

Recreational cannabis

Recreational cannabis, often referred to as 'recreational marijuana' or 'marijuana', has become legal under Thai Law.[citation needed]

Industrial Hemp

Cannabis or hemp extracts containing less than 0.2% THC is allowed without any restrictions. The most common CBD products are oils, tinctures, gummies, lotions and balms.

Cannabis extracts

Cannabis extracts, including Hash are still considered a Category 5 narcotic as long as they contain over 0.2% THC. On the 9th of February 2024 it was announced in the Royal Gazette that the possession of more than 30 grams or 30 milliliters is considered as an intent to distribute. [20]

Cultivation

In order to cultivate cannabis, individuals must register with the country's Food and Drug Administration.[21] 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.[22]

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 and dominated the market.[23][24]

Distribution

Thailand's first two full-time clinics dispensing cannabis oil for medical treatment were inaugurated in January 2020.[25] 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 legalisation of the drug under the new legislation.[26] 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.[27] 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.[28][29] As of 2023, Thailand has over 6,400 approved cannabis dispensaries, reflecting a significant expansion of access to medical cannabis in the country.[30] This expansion is part of Thailand's broader strategy to integrate cannabis into healthcare and leverage its potential economic benefits. To legally operate a cannabis dispensary in Thailand, businesses must obtain relevant licenses, including a Cannabis distribution license from the FDA for selling cannabis flowers or leaves. The establishment of a Thai Limited Company with the majority of shares owned by Thai nationals is also required.

Current situation

In Thailand, the government is taking measures to tighten regulations around the country's emerging cannabis industry, particularly to limit its recreational use. This action includes the submission of a revised cannabis bill to the Cabinet, proposed for December 2023. This bill aims to address loopholes in marijuana usage, establish new guidelines for cultivation, and introduce criminal penalties. This move follows Prime Minister Srettha Thavisin's commitment to restrict cannabis use primarily for medical purposes, a response to the rapid opening of numerous cannabis shops across Thailand following its decriminalization, making it the first Asian nation to do so.[31] The cannabis sector could be worth up to $1.2 billion by next year, according to the estimate by the University of the Thai Chamber of Commerce.[32]

  • Medical cannabis dispensary clinic in Thailand in 2022.
    Medical cannabis dispensary clinic in Thailand in 2022.
  • Cannabis bar in Thailand in 2022.
    Cannabis bar in Thailand in 2022.
  • Cannabis edibles sold in a supermarket in Thailand in 2023.
    Cannabis edibles sold in a supermarket in Thailand in 2023.
  • Cannabis shop and bar in Chaweng, Koh Samui, Thailand.
    Cannabis shop and bar in Chaweng, Koh Samui, Thailand.
  • "Copper Pipe", Cannabis shop in Chaweng Beach, Koh Samui, Thailand.
    "Copper Pipe", Cannabis shop in Chaweng Beach, Koh Samui, Thailand.
  • Three neighbouring cannabis outlets.
    Three neighbouring cannabis outlets.

References

  1. ^ a b "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 from the original (PDF) on 20 April 2022. Retrieved 10 June 2022.
  2. ^ a b "Act Promulgating the Narcotic Code 2564 BE (2021 AD)" (PDF). Royal Thai Government Gazette. 7 November 2021. Archived from the original (PDF) on 25 June 2022. Retrieved 10 June 2022.
  3. ^ "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.
  4. ^ "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.
  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. ^ "พระราชบัญญัติกันชา พุทธศักราช ๒๔๗๗" (PDF). Royal Thai Government Gazette. 52: 339–343. 5 May 1935. Archived from the original (PDF) on 4 October 2018. Retrieved 6 December 2016.
  9. ^ "Criminal Drug Offences in Thailand". Siam Legal. Archived from the original on 21 October 2018. Retrieved 12 December 2018.
  10. ^ "Thailand approves medical marijuana in New Year's 'gift'". Nikkei Asia. Archived from the original on 13 December 2021. Retrieved 2 April 2021.
  11. ^ "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.
  12. ^ "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.
  13. ^ "Is Weed Legal in Thailand? - Weed Thailand". 18 May 2022. Archived from the original on 8 July 2022. Retrieved 8 July 2022.
  14. ^ Root, Rebecca (9 January 2023). "Consuming cannabis in Thailand: what tourists need to know about marijuana rules". The Guardian. ISSN 0261-3077. Retrieved 20 June 2023.
  15. ^ "Cannabis US company opens medical marijuana clinic in Thailand". Archived from the original on 26 April 2022. Retrieved 27 April 2022.
  16. ^ 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.
  17. ^ "Thailand issues regulations on cannabis, forbidding public smoking and use by minors". ABC News (Australia). 17 June 2022. Retrieved 24 June 2023.
  18. ^ a b Bush, Austin (30 August 2022). "Cannabis is now legal in Thailand, but it's complicated: what travelers need to know". Lonely Planet. Retrieved 24 June 2023.
  19. ^ a b Root, Rebecca (9 January 2023). "Consuming cannabis in Thailand: what tourists need to know about marijuana rules". The Guardian. Bangkok. Retrieved 24 June 2023.
  20. ^ "New regulations on cannabis extracts - HighThailand". 10 February 2024. Retrieved 10 February 2024.
  21. ^ Root, Rebecca (9 January 2023). "Consuming cannabis in Thailand: what tourists need to know about marijuana rules". The Guardian. ISSN 0261-3077. Retrieved 20 June 2023.
  22. ^ "Plookganja.fda.moph.go.th". Food and Drug Administration of Thailand. Archived from the original on 11 June 2022. Retrieved 12 June 2022.
  23. ^ 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)
  24. ^ Sabaghi, Dario. "Thailand's Election Results May Reverse Cannabis Policy". Forbes. Retrieved 27 June 2023.
  25. ^ "Thailand launches full-time clinics dispensing cannabis oil". AP News. Associated Press. 6 January 2020. Retrieved 22 August 2023.
  26. ^ "Inside Thailand's free cannabis clinic". France 24. 6 January 2020. Archived from the original on 13 December 2021. Retrieved 2 April 2021.
  27. ^ 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.
  28. ^ 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.
  29. ^ "Can medical cannabis in Thailand balance profits and patients?". Archived from the original on 14 May 2021. Retrieved 14 May 2021.
  30. ^ "State of Industry: Thailand's Cannabis Market". Retrieved 10 December 2023.
  31. ^ "Thailand to Tighten Cannabis Rules After 6,000 Weed Shops Open". BNN Bloomberg. Retrieved 9 December 2023.
  32. ^ Harinderan, K. (16 March 2024). "Thailand's Flourishing Cannabis Culture To End As Government Seeks Ban - BusinessToday". businesstoday.com. Retrieved 17 March 2024.
source: https://en.wikipedia.org/w/index.php?title=Cannabis_in_Thailand&printable=yes