Cannabis, also known as marijuana or ganja, is a plant that has been used for various purposes in Thailand for centuries. It has been a part of Thai cuisine, medicine, textiles, and rituals, as well as a source of income and recreation for many people.

However, cannabis was banned in 1934 due to international pressure and became a prohibited narcotic with harsh penalties for possession and consumption.

In recent years, Thailand has taken steps to relax its cannabis rules and allow legal production and use of the plant for medical and commercial purposes, making it the first country in Southeast Asia to do so. T

his report will explain all the cannabis laws in Thailand regarding cannabis, and what are the legal rights and obligations of cannabis users and producers.

The Legal Status of Cannabis in Thailand

Cannabis in Thailand was decriminalized on June 9, 2022 by the Thai Food and Drug Administration (FDA), which officially removed cannabis plant parts from the Category 5 narcotics list. This means that possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal in Thailand.

However, this does not mean that cannabis use is completely unregulated or unrestricted in Thailand. There are still some laws and rules that govern cannabis use and activities in Thailand, such as:

The Narcotics Act B.E. 2522 (1979):

This is the main law that regulates narcotics in Thailand, including cannabis. The act was amended in 2018 to legalize cannabis for medical and industrial use, and again in 2022 to decriminalize cannabis plant parts.

The act still maintains some restrictions and penalties for unauthorized or recreational use of cannabis extracts or products with a tetrahydrocannabinol (THC) level higher than 0.2%. THC is the main psychoactive compound in cannabis that causes intoxication or euphoria. The act also prohibits entering or leaving the country with any part of the cannabis plant or its seeds.

The Public Health Act B.E. 2535 (1992):

This is the law that regulates public health and hygiene in Thailand, including cannabis use.

The act prohibits smoking cannabis in public places, such as schools, temples, shopping malls, parks, or beaches.
Smoking cannabis in public places can lead to a fine of up to 25,000 baht (~$750) and or imprisonment for up to 3 months.
The act also requires licensed restaurants that sell cannabis-infused foods or drinks to follow the guidelines and standards for food safety and quality.

The Food Act B.E. 2522 (1979):

This is the law that regulates food production and distribution in Thailand, including cannabis products.

The act requires cannabis products for food or medicine to contain less than 0.2% THC by weight.
It also requires cannabis products for food or medicine to be labeled with the name, ingredients, quantity, expiration date, storage instructions, warnings, and directions for use.
The act also prohibits false or misleading advertising or claims about cannabis products.

The Industrial Product Standards Act B.E. 2511 (1968):

This is the law that regulates industrial product standards and quality in Thailand, including cannabis products.

The act requires cannabis products for industrial use to comply with the standards and specifications set by the Ministry of Industry.
It also requires cannabis products for industrial use to be labeled with the name, ingredients, quantity, quality, origin, and certification of the product.
The act also prohibits substandard or defective cannabis products for industrial use.

The Legal Rights and Obligations of Cannabis Users and Producers in Thailand

Cannabis users and producers in Thailand have some legal rights and obligations that they should know and respect. Some of these rights and obligations are:

The right to access cannabis products for medical use:

Patients with certain medical conditions can access cannabis products for medical use with a doctor’s prescription. These conditions include cancer, epilepsy, Parkinson’s disease, Alzheimer’s disease, multiple sclerosis, chronic pain, and others.

Patients can obtain cannabis products for medical use from licensed hospitals, clinics, pharmacies, or dispensaries. Patients can also grow their own cannabis plants for medical use with a permit from the FDA.

The right to produce and distribute cannabis products for medical and industrial use:

Individuals or entities can produce and distribute cannabis products for medical and industrial use with a license from the FDA. These products include cannabis oils, tinctures, capsules, patches, sprays, creams, inhalers, edibles, food supplements, cosmetics, clothing, furniture, and others.

Producers and distributors must follow the guidelines and standards for production, quality, labeling, and distribution of cannabis products set by the FDA and other relevant authorities.

The right to consume cannabis products for personal use:

Individuals who are older than 20 years old and who are not pregnant or breastfeeding can consume cannabis products for personal use legally.

These products include cannabis flowers, pre-rolled joints without restrictions, and edibles, CBD oil and any other extracts with a THC level below 0.2%.
Individuals can buy and possess these products legally from licensed weed stores across the country.
Individuals can also grow their own cannabis plants for personal use with a registration on the FDA’s Plook Ganja application or through a government website.

The obligation to respect the age limit: Cannabis Laws in Thailand

Persons who are younger than 20 years old or who are pregnant or breastfeeding are prohibited from buying and consuming cannabis products in Thailand.

Individuals who provide cannabis products to minors or pregnant or breastfeeding women can face legal consequences.
People should respect this age limit and avoid providing cannabis products to minors or pregnant or breastfeeding women.

The obligation to respect the public consumption ban:

Smoking cannabis is legal for personal use in private areas, such as one’s residence or hotel room (Only if the hotel allows it – you must ask)

However, smoking cannabis in public places, such as schools, temples, shopping malls, parks, or beaches, is prohibited and can lead to a fine of up to 25,000 baht (~$750) and or imprisonment for up to 3 months.
Individuals should avoid smoking cannabis in public places and respect the rights and preferences of other people who may not want to be exposed to cannabis smoke.
Cannabis-infused foods and drinks can be consumed at licensed restaurants that have permission to sell them. Individuals should check the license and reputation of the restaurant before consuming cannabis products there.

The obligation to respect the purchase and possession limits:

Individuals can buy and possess cannabis extract products with a THC level below 0.2%, and flower (bud) at any THC or CBD concentration legally from licensed weed stores across the country. However, there is no clear limit for the quantity of cannabis products that individuals can buy or possess at a time.

Individuals should use their discretion and common sense when buying or possessing cannabis products and avoid excessive or suspicious amounts that may attract attention or suspicion from the authorities.
One should also avoid buying or possessing cannabis extract products with a THC level higher than 0.2%, such as oils, tinctures, edibles or concentrates, as they are still illegal and require a prescription for medical use.
People that are visiting the country should also avoid buying or possessing cannabis seeds or parts of the cannabis plant, as they are not allowed to leave the country with them.

The obligation to respect the cultivation and distribution limits:

In order to cultivate cannabis, individuals must register with the country’s Food and Drug Administration and obtain a permit for medical or industrial use.

Individuals can grow up to six cannabis plants per household for medical use with a permit from the FDA.
Individuals can also grow their own cannabis plants for personal use with a registration on the FDA’s Plook Ganja application or through a government website. However, there is no clear limit for the number of cannabis plants that individuals can grow for personal use at a time.
Individuals should use their discretion and common sense when growing cannabis plants and avoid excessive or suspicious amounts that may attract attention or suspicion from the authorities.
In order to distribute cannabis products, individuals or entities must obtain a license from the Food and Drug Administration and follow the guidelines and standards for production, quality, labeling, and distribution of cannabis products set by the FDA and other relevant authorities.
Individuals or entities who sell or trade cannabis products without a license can face legal consequences.

The obligation to respect the driving and traveling restrictions:

There is no legal limit for THC level in blood or urine for driving in Thailand. However, driving under the influence of cannabis can impair one’s judgment, reaction time, and coordination, and increase the risk of accidents.

Individuals should avoid driving after consuming cannabis products and use public transportation or hire a driver instead.
Traveling with cannabis products within Thailand is legal as long as they comply with the THC level limit and quantity limit (not specified by law).
Traveling with cannabis products across borders is illegal and can result in arrest, confiscation, fines, or imprisonment. Individuals should not bring any cannabis products with them when entering or leaving Thailand.

Conclusion

Cannabis law in Thailand is a complex and evolving phenomenon that reflects the changing attitudes and needs of Thai people and society.
Cannabis law in Thailand has decriminalized cannabis plant parts and legalized cannabis for medical and industrial use, making it the first country in Southeast Asia to do so.
However, cannabis law in Thailand still maintains some restrictions and penalties for unauthorized or recreational use of cannabis extracts or products with a THC level higher than 0.2%.
Cannabis law in Thailand also prohibits entering or leaving the country with any part of the cannabis plant or its seeds.

Marijuana users and producers in Thailand have some legal rights and obligations that they should know and respect, such as the age limit, public consumption ban, purchase and possession limits, cultivation and distribution limits, driving and traveling restrictions, and respect and responsibility. Users and producers in Thailand should be informed and respectful of the laws and norms of cannabis use and activities in Thailand, and be responsible for their own health and safety when using cannabis products.