Summary of New Draft Legislation on Cannabis, June 2024

June 13, 2024by nsuwan

Summary of Thailand's new draft legislation on Cannabis (June, 2024)

Key points that somebody involved in the Cannabis business would want to know... by Agricultural Ganja Co. Ltd (Thailand), all references to this article please credit accordingly and reference www.agriculturalganja.com.

An English translation of the full draft legislation is available here:

New Draft Thai Cannabis Legislation – June, 2024 – English Translation

Below is a short summary of the key points in the proposed legislation:

General Provisions

  • The Minister of Public Health oversees the Act’s implementation and can issue ministerial regulations/announcements.
  • Criteria will be set for advertising, licensing processes, registration fees, etc.

Cannabis Committee

  • A “Cannabis and Hemp Committee” will be established to set policies, make recommendations to the Minister, announce THC limits, etc.

Principles and Reasons

  • The Act aims to establish a legal framework for regulating marijuana and hemp, which are not defined as narcotics under previous laws. This opens up opportunities for medical, research and industrial uses.

Requesting Licenses

  • Licenses are required for producing, importing, exporting or selling cannabis/hemp products.
  • License validity: Planting – 3 years, Extraction – 3 years, Import/Export – 3 years, Sales – 3 years

License Fees

  • Production (planting): 90,000 baht
  • Production (extraction): 90,000 baht
  • Import: 100,000 baht
  • Export: 10,000 baht
  • Temporary import/export: 20,000 baht
  • Sales: 5,000 baht
  • Renewal fees are half of the original license fee.

Household/Personal Cultivation

  • For household/personal cultivation, notification to the registrar is required instead of a license.
  • The notification receipt is valid for 1 year.

Advertising

  • A separate license is required for advertising cannabis products.

Enforcement

  • The Minister can appoint officials to enforce the Act.
  • These officials have authority to enter and inspect production sites, imports/exports, sales venues, vehicles, seize products/evidence, issue orders, etc.
  • The officials have the same legal powers as officials under the Criminal Code when enforcing this Act.

Penalties

  • Producing, importing, exporting or selling without a license: Up to 3 years imprisonment and/or 300,000 baht fine
  • Unlicensed imports/exports: Fine of 5 times the value imported/exported
  • Selling to prohibited persons like underage, pregnant, etc.: 30,000 baht fine
  • For the first 5 years, cannabis can only be imported for research/medical/government purposes.

Transition Provisions

  • Cannabis products formulated under previous regulations will be considered herbal products under this new Act.
  • Existing licenses issued under previous laws will remain valid until expiration under this new Act.

Send your thoughts to the government!

Feedback on the proposed legislation can be provided to the government here:

https://law.go.th/listeningDetail?survey_id=Mzc0OERHQV9MQVdfRlJPTlRFTkQ=

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