Cannabis in Thailand

In Thailand, cannabis, known by the name Ganja (Thai: กัญชา; RTGS: kancha) was decriminalised on 9 June 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 categorised as narcotics. Import and export of cannabis are still highly regulated. Recreational use of cannabis products is discouraged but legal. 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]

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

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 on the 9 June. The move is said to be a step further into Thailand's plan to use cannabis as a cash crop.[8][9]

Legalisation and decriminalisation
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)[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]

Although cannabis was decriminalised, smoking or vaping in public places is still subject to punishment as a public nuisance infraction and can lead to a 25,000 baht fine.[14][15][16]

Cannabis dispensaries were available as early as April 2022.[17] On 9 June 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 decriminalisation on the same day.[18]

Regulations

Age

The minimum age to buy, possess and use cannabis in Thailand is 20-years-old.[19][20][21]

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.[18] 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.[20][21]

Cultivation

In order to cultivate cannabis, individuals must register with the country's Food and Drug Administration.[22] 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.[23]

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.[24][25]

Distribution

Thailand's first two full-time clinics dispensing cannabis oil for medical treatment were inaugurated in January 2020.[26] 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.[27] 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.[28] 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.[29][30]

  • 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.
  • 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

https://www.economist.com/asia/2023/08/31/what-now-for-thailands-weed-industry

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