Thailand publishes new bill to regulate cannabis, rather than ban it completely

In recent months, Thailand has become a byword for the negative impact of the policy of liberalizing cannabis without proper planning and forethought. Now, the Ministry of Public Health has issued a new bill, resuming many of the more punitive measures previously proposed, which will be subject to a public comment period until the end of this month (September 30).

Since becoming the first Asian country to decriminalize cannabis, removing it from the list of narcotics in June 2022, Thailand's adult-use cannabis industry has exploded, with dispensaries often outnumbering 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 series of dramatic U-turns in its cannabis policy since the start of the year.

What happened?
In early September 2024, Prime Minister Paetongtarn Shinawatra and 35 ministers were officially sworn in, definitively ending the term of the previous administration.

Srettha Thavisin has been a vocal opponent of the legalization of cannabis in Thailand.

It came just weeks after his predecessor, Srettha Thavisin, became the fourth Thai prime minister in 16 years to be impeached by the kingdom's Constitutional Court.

During the 2023 election campaign, Srettha unveiled a plan to reverse Thailand’s decriminalization of cannabis, a move that has proven popular as the country’s thriving and unregulated grey market has become a major political flashpoint. Her party, Pheu Thai, or PT, ordered Public Health Minister Somsak Thapsutin to return cannabis to Schedule 5 of the country’s banned narcotics list in May.

This reversal would have made the production, import, export, sale and possession of cannabis flower with more than 0,2% THC a felony, carrying a potential sentence of five years and a fine of up to $14.000, while consumption could lead to one year in prison.

A public hearing on the recriminalization bill was held in June, garnering widespread support from more than 100.000 commenters, and plans were in place to bring the repeal into effect from 1 January 2025.

Despite this widespread support, the Bhumjaithai Party (BJT), which spearheaded the 2022 decriminalization and now held much greater influence within the coalition, vehemently opposed the bill.

Anutin Charnvirakul has been one of the Thai government's most vocal advocates for cannabis decriminalization.

Its leader and deputy prime minister, Anutin Charnvirakul, has threatened to vote against the ban and appeared to seek support from former prime minister Thaksin Shinawatra, father of newly installed prime minister Paetongtarn and alleged puppet master behind the scenes of the PT party.

In July, Anutin announced that Srettha had now agreed to discuss plans for a bill to regulate the sale of cannabis, rather than simply ban it.

This occurred just a day before the proposal to recriminalize cannabis was introduced to the Narcotics Control Board.

And now?
With Strettha being ousted amid criticism that he appointed a cabinet official who had previously served a prison sentence, a blanket ban appears to have stuck with him.

Last week, the newly installed Paetongtarn administration published the bill, promised by Srettha, to regulate the out-of-control cannabis market. The bill emphasizes the medical and economic benefits of cannabis and hemp, but imposes strict controls on the production, sale and consumption of cannabis in an effort to negate the negative effects that the past two years of confusion 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.

Additionally, a new licensing system will be implemented, requiring anyone intending to cultivate, sell or process cannabis or hemp to be licensed by the CCB.

License holders will be required to adhere to strict safety, record-keeping and regulatory requirements, and must apply for their licenses within 60 days of the new law's implementation.

Adult-use cannabis use will be significantly curtailed but will remain legal. Recreational cannabis use in public places such as places of worship, 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 cannabis to anyone under 20 and pregnant women, and will have to obtain a specific license to do so or face significant fines.

For medical use, cannabis is permitted to treat disease, alleviate symptoms and prevent illness, but this use must be supervised by licensed professionals. These include practitioners of modern medicine, traditional Thai medicine, applied Thai medicine, Chinese medicine and certified village healers.

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ben stevens

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Ben is the editor of Business of Cannabis. Since 2021, he has researched, written and published the vast majority of the outlet's content, delivering agenda-setting journalism on regulation, business strategy and policy across Europe.

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