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In recent months, Thailand has become a biword for the negative impact of cannabis liberalisation policy without adequate planning and forethought.
Since becoming the first Asian country to decriminalise cannabis by removing it from the list of narcotics in June 2022, Thailand’s adult-use cannabis industry has exploded, often seeing dispensaries outnumber convenience stores in some of the country’s busiest cities.
This ‘wild west’ has caused fractures within the ruling coalition government, which has made a number of dramatic u-turns on its cannabis policy since the start of the year.
Now, the Ministry of Public Health has issued a new draft law, pairing back many of the more punative measures previously proposed, which will be under a public comment period until the end of this month (September 30).
What happened?
In early September, 2024, Prime Minister Paetongtarn Shinawatra and 35 cabinet ministers were officially sworn into office, bringing the tenure of the previous administration to a definitive end.
It came just weeks after her predecessor, Srettha Thavisin, became the fourth Thai Prime Minister in 16 years to be removed by the kingdom’s Constitutional Court.
During the 2023 election campaign, Srettha had run on a plan to reverse Thailand’s cannabis decriminalisation, a move that proved popular as the rife, unregulated grey market became a key political flashpoint.
His party (Pheu Thai or PT) ordered Public Health Minister Somsak Thapsutin to place cannabis back on Schedule 5 of the list of banned narcotics in May.
This reversal would have seen the production, import, export, sale and possession of cannabis buds or flowers with over 0.2% THC become a criminal offense, carrying a potential sentence of five years and a fine of up to $14,000, while consumption could land you a year in prison.
A public hearing on the recriminalisation bill was held in June, seeing widespread support from more then 100,000 commenters, and plans had been in place to put the reversal into effect from January 01, 2025.
Despite this widespread support, the Bhumjaithai Party (BJT), which had spearheaded the 2022 decriminalisation and now held much greater influence within the coalition, was vehemently opposed to the bill.
Its leader and Deputy Prime Minister, Anutin Charnvirakul, threatened to vote against the ban, and appeared to seek support from former Prime Minister, Thaksin Shinawatra, the father of the newly instated Prime Minister Paetongtarn and reported puppeteer behind the scenes of the PT party.
In July, Anutin announced that Srettha had now agreed to discuss plans for a draft bill to regulate the sale of cannabis, rather than simply banning it.
This came just a day before the proposal to recriminalise cannabis was set to come before the Narcotics Control Board.
What now?
With Strettha being ousted amid criticism that he appointed a cabinet official who had previously served a prison sentence, an overall ban appears to have left with him.
Last week the newly instated Paetongtarn administration published the draft bill, promised by Srettha, to regulate the out-of-control cannabis market.
The bill places an emphasis on the medical and economic benefits of both cannabis and hemp but places stringent controls on the production, sale and consumption of cannabis in an effort to negate the negative effects that the last two years of litter or no regulation have had on the country.
It proposes the formation of a new Cannabis Control Board (CCB) to oversee and develop a regulatory framework for the industry, including setting THC content limits for various products.
Furthermore, a new licencing system will be implemented, requiring anyone wishing to cultivate, sell, or process cannabis or hemp to be licenced by the CCB.
Licence holders will be required to adhere to strict security, record-keeping and regulatory requirements, and must apply for their licences within 60 days of the new law being implemented.
Adult-use consumption will be significantly clamped down upon, but will remain legal. Recreational cannabis use in public places like religious sites, educational institutions, parks, zoos, and amusement parks will be strictly prohibited, but will remain legal in people’s homes.
Vendors will be banned from selling cannnabis to anyone under 20 and pregnant women, and must secure a specific licence to do so or face significant fines.
For medical uses, cannabis is permitted for treating illnesses, alleviating symptoms, and preventing diseases, but such use must be supervised by licensed professionals. Including practitioners of modern medicine, traditional Thai medicine, applied Thai medicine, Chinese medicine, and certified village healers.
Additionally, the bill promotes research and development on medical cannabis, encouraging state institutions and approved organisations to advance its medicinal applications.
“}]] Thailand’s cannabis policy faces a major overhaul as the government seeks to regulate an out-of-control industry. Following widespread concerns over the unregulated market since decriminalization in 2022, a new draft bill proposes stricter controls on cannabis production, sale, and consumption. The legislation emphasizes medical and economic benefits while banning public recreational use and requiring all vendors and cultivators to obtain licenses within 60 days Read More