Thailand: Market and legal data analysis of the cannabis sector

21st October 2024: Thailand: Surachoke Tangwiwat, secretary-general of the Food and Drug Administration (FDA), provided some details on the proposed regulation on cannabis extracts on Friday (18th October), explaining that the proposal would address the application process for production, import, export, sale and possession of cannabis products by private companies, press reports. Surachoke clarified that the proposal would allow cannabis extracts with more than 0.2% THC to be used for “specific purposes”, whereas now they may only be used by government agencies for medical and research purposes. CannIntelligence is in contact with Thai authorities, who confirmed passage of the proposal by the Cabinet on 8th October, to obtain a copy of the draft regulation.
10th October 2024: Thailand: A proposal by the Ministry of Public Health that would regulate the possession, sale, import and export of cannabis extracts has been approved in principle by the Cabinet, press reports. The proposed regulation would impose stiff penalties for dealing in cannabis extracts without a licence. It is not yet clear, however, whether the proposal would regulate extracts with a maximum of 0.2% THC, which were removed from the narcotics list in 2022, or only those with more than 0.2% THC, which are Category 5 narcotics. The proposal will now be presented to the Council of State.
19th September 2024: Thailand: The Ministry of Public Health has issued a draft law to regulate cannabis that will be under public comment until 30th September. Under the draft law, licences would be required to cultivate, produce, sell, import or export cannabis or its extracts, though an exception is made for dealing with cannabis roots, branches, stems, leaves, trunks or seeds. The sale and consumption of cannabis would only be allowed for three purposes: medicinal, research, or as herbal products, medicines, cosmetics or food if regulations for those products are complied with. Therefore, recreational use and sales would not be expressly prohibited, nor would cannabis be relisted as a narcotic. Cannabis extracts with more than 0.2% THC, however, would remain narcotics under the draft law.
4th September 2024: Thailand: Anutin Charnvirakul, leader of the Bhumjaithai Party who spearheaded cannabis legalisation, says that he is confident that the new government will implement his party's pro-cannabis policy rather than attempt to relist cannabis as a narcotic, press reports. Anutin struck an agreement with former prime minister Srettha Thavisin in July that his administration would not seek to relist cannabis, but Srettha was removed from office shortly thereafter and succeeded by Paetongtarn Shinawatra.
16th August 2024: Thailand: Prime minister Srettha Thavisin has been removed from office after a constitutional court ruling and will be replaced by Pheu Thai party leader Paetongtarn Shinawatra, press reports. Since taking office in August 2023, Srettha had vowed to ban the recreational use of cannabis – though he agreed recently to allow the parliament to regulate it rather than issuing executive regulations to ban it. Paetongtarn and her party have been critical of cannabis legalisation, though it is not yet clear whether she intends to allow parliament to address cannabis regulation as her predecessor agreed to do.
24th July 2024: Thailand: Deputy prime minister Anutin Charnvirakul announced that prime minister Srettha Thavisin has agreed to not relist cannabis as a narcotic in yet another reversal in the country’s cannabis policy, press reports. Anutin, who spearheaded the legalisation of cannabis in 2022, said that the regulation of cannabis would now be handled legislatively through the parliament instead of as an executive regulation to relist it as a narcotic. Proposed regulations to limit cannabis strictly to medical and scientific purposes have been on track for approval but have not yet been approved by the Narcotics Control Board. Political parties are now likely to submit draft bills on how to regulate the industry.
11th July 2024: Thailand: A health committee has approved a proposal to relist cannabis and hemp in the narcotics list and will submit the proposal to the Narcotics Control Board (NCB) soon, press reports. The proposal would make cannabis buds illegal again, as well as any extract with more than 0.2% THC, while still allowing for stems, roots and leaves of the plant. Medical cannabis would also remain legal. The proposal calls for all necessary legal amendments to occur before 1st January 2025. Interior minister and former health minister Anutin Charnvirakul, who spearheaded cannabis legalisation in Thailand, says he will advocate against the relisting of cannabis on the country’s narcotics list when it goes before the NCB for a vote, press reports. However, Anutin holds only 1 of 36 votes on the NCB.
27th June 2024: Thailand: Health minister Somsak Thepsutin said that he still intends to relist cannabis as a narcotic after the public consultation period has ended with the vast majority of respondents supporting recriminalisation, press reports. Somsak said that while he would proceed with recriminalisation, the final decision would ultimately be made by the Narcotics Control Board. Somsak reiterated the government's support for medical cannabis, though, and said that relevant regulations will be issued.
13th June 2024: Thailand: Draft regulations to relist cannabis as a Category 5 narcotic are now available online and are open to public comment until 24th June 2024. Under the draft regulations, cannabis would be relisted as a narcotic beginning 1st January 2025. However, the draft regulations would explicitly exclude certain parts of the cannabis plant – such as the stems, roots, seeds, and leaves that do not have shoots or flowers attached – and extracts with up to 0.2% THC from the relisting. Therefore, if the regulations are adopted, extracts with up to 0.2% THC would remain legal, though they would be required to come from parts of the cannabis plant excluded from the regulation (i.e. not from the flower). Anything above the 0.2% THC threshold would be allowed only for medicinal purposes if approved. The regulations do not need to be introduced to the parliament to be adopted.
12th June 2024: Thailand: The Ministry of Public Health (MOPH) has issued draft regulations to relist cannabis flower as a category 5 narcotic beginning 1st January 2025, press reports. Other parts of the cannabis plant would not be listed as a narcotic. The MOPH will receive public feedback on the proposal until 25th June. However, the draft regulations do not yet appear to be available online.
24th May 2024: Thailand: Public health minister Somsak Thepsutin said on Thursday (23rd May) that new regulations to relist cannabis as a category 5 narcotic will only pertain to cannabis buds, but not to leaves, branches, roots, stems and seeds, press reports. Hemp would not be listed as a narcotic, though the definition used to distinguish it was not made clear. Additionally, Somsak said that a permit will be required to cultivate, possess, import, or export cannabis, which will be issued only for medical or scientific purposes.
14th May 2024: Thailand: Health minister Somsak Thepsuthin said the Ministry of Public Health will move to place cannabis back on the list of category 5 narcotics but as a “soft drug”, press reports. “Please understand that a soft drug is not completely prohibited,” said Somsak. “The regulations will aim to prevent harm from misuse as well as use by children, according to the government’s policy.” He added that the ministry hopes to complete the move by the end of the year.

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