Regulation signed to make cannabis flowers a controlled herb in Thailand

[Will B Good]

With all the laws there seems to be no thought given to the practicalities of enforcing them.......it's as if they are making stuff up as they go along........555 

[crazykopite]

17 hours ago, chickenslegs said:

Now that we can all grow cannabis for our own use, will the government allow us to make our own beer and wine?

 

And - Will cannabis be restricted in the same way as alcohol, i.e.- can not be sold from 2.00pm to 5.00pm and 12.00pm to 11.00am and never on a Buddha Day or election day?

 

Rhetorical questions, obviously.

Farangs cannot grow or own the plants only Thai nationals but as I have a pink ID card I might apply using that to see if they grant me my 3 plants 

[chrischronic]

It lasted a week. The dispensaries already announced they are closed due to new regulation. 

[Troy Tempest]

18 hours ago, ezzra said:

And how they are going to police all that? Thailand needed this marijuana business like a hole in the head as if the don't have million others problems to deal with they added this bizarre free marijuana on top of all their problems...

Well it's easy....Just put it in the "in-tray" at the bottom like 999,999 other "Problems" they don't deal with!

 

In the meantime.....

 

 

Edited June 17, 2022 by Troy Tempest

[Misterwhisper]

I am a long-haired dude with a huge beer belly and man boobs. Will I be able to buy my pot without running into trouble? I mean, people might mistake me for a pregnant, lactating woman... as my face is still concealed behind a mask.

[Wagga]

2 hours ago, Xonax said:

Read the full article: Patients who got prescribed cannabis can possess the substance for no more than 30 days.

I think I could dispose of my 'prescribed cannabis' in less than 30 days. Just saying. ????

[brianthainess]

3 hours ago, Xonax said:

Read the full article: Patients who got prescribed cannabis can possess the substance for no more than 30 days.

Should be 9 months encase your pregnant.

[Arkady]

19 hours ago, Puccini said:

Once this new Ministerial Regulation is published in the Royal Gazette, I'd like to get a link to it if someone cn find it.

Here is link to RG announcement and a Google translation.

T_0009.PDF (soc.go.th)

 

Announcement of the Ministry of Public Health
About Controlled Herbs (Cannabis)
2016
Considering that cannabis is an herb that is worth studying or researching is important.
economic for the benefit of protecting and promoting sustainable use
By virtue of Section 4, Section 44, Section 45 (3) and (5) of the Act
Protection and Promotion of Thai Traditional Medicine, 1999, Minister of Public Health
By the advice of the Committee on Protection and Promotion of Thai Traditional Medicine Wisdom therefore announced
as follows
verse
1 Give cannabis or cannabis extract which is a plant in the genus Cannabis, is a controlled herb
verse
2 Allowing persons aged twenty years and over to possess, utilize, look after, maintain
Moving, distributing, controlled herbs in accordance with the regulations
1, except for the following acts:
(1) public use by smoking
(2) utilization for pregnant or lactating women
(3) sales to people who are under the age of more than twenty years Pregnant or lactating women
R
verse
3 allow medical practitioners to Thai traditional medicine practitioner
Practitioner of applied Thai traditional medicine practitioner in the field of traditional Chinese medicine and
Folk healers according to the law on Thai traditional medicine professions can take advantage of herbal control
according to
1 to their patients
verse
4 Allowing patients under Article 3 to possess, move, take care of, store, use
in the amount paid for for use for thirty days.
verse
5 This announcement shall come into force from the day following the date of its publication in the Government Gazette.
announce
As of June 16, 2013
5
Anutin Charnvirakul
Minister of Health

[Arkady]

17 hours ago, fondue zoo said:

Is there somewhere you can read the Cannabis and Hemp Bill that is going to replace the temporary measure?

A Google translation of the report on the bill from the Parliament website. https://www.parliament.go.th/section77/survey_detail.php?id=193

 

The Draft of the Marijuana Act, Hemp, B.E. .... proposed by Mr. Anutin Chanvirakul, member of the Council (representatives of the people and the committee, has the following important points:

                (1) stipulating that the Minister, with the approval of the Committee, has the power to prescribe marijuana, hemp (draft Article 6)

                (2) Prescribing the production of herbal products, drugs, food, cosmetics, medical devices Hazardous substances used in the household and public health by using cannabis, hemp as raw materials or components in the finished product of the producer shall be in accordance with the law on that matter (Draft Article 7).

                (3) to establish a committee called the “Hemp Cannabis Committee” comprising the Permanent Secretary of the Ministry of Public Health; be the chairman of the board Secretary-General of the Food and Drug Administration Being a member and secretary (draft section ????

                (4) to designate the Cannabis Hemp Committee to have duties and powers, for example, to formulate policies and measures to promote research and development on the use of cannabis, hemp both in medicine and industry, giving opinions, recommendations or recommendations to the Minister. or the licensor in the execution of this Act and the determination of tetrahydrocannabinol (tetrahydrocannabinal) in hemp, etc. (Draft Article 14)

                (5) stipulating that those wishing to produce, import, export or sell must obtain a license from the licensor (draft section 15).

                (6) requiring the person wishing to cultivate and planting must notify the information recipient who has issued the information receipt. to be able to proceed (draft article 18).

                (7) Assign officials, persons, organizations or agencies concerned to assess, examine and consider granting permission (draft Article 21).

                (8) prescribing that the fees under (8) (9) (10) at the rate of fees annexed to this Act shall be vested in the Food and Drug Administration (Draft Section 23).

                (9) to prescribe any licensee who violates or fails to comply with this Act give the licensor a warning or the licensor with the approval of the Commission suspends the license or revoke the license as appropriate in the case (draft section 25)

                (10) stipulates that the person whose license has been suspended may not apply for any license during the suspension period (draft section 26).

                (11) to prescribe any informer who violates or fails to comply with this Act; or ministerial regulations or announcements issued under this Act have the recipient notify him to give a warning or revoke the information receipt as appropriate in the case (draft section 27).

                (12) prohibiting any person from advertising unless receiving a license from the licensor (Draft Section 28).

                (13) stipulates that in case of violation Grant the licensor the power to order the advertiser to take any action such as editing the text, prohibiting the use of the text. Suspension of advertising, etc. (Draft Article 29)

                (14) assign competent officials to have powers, for example, to enter a place of production Place of import, place of export, place of sale or entry into a vehicle carrying marijuana, hemp, etc. (Draft Article 31).

                (15) stipulates that in the performance of duties The competent official must present the competent official identification card to the person concerned (draft section 32).

                (16) prescribing in the event that the licensor or the information receiver does not issue a license or information receipt Applicant or informant has the right to appeal in writing to the Minister within thirty days from the date of receipt of the notice of non-issuance of a license or a notification receipt (draft section 34).

                (17) to prescribe a licensee whose license has been suspended The license or the notification receipt has been revoked has the right to appeal in writing to the Minister within thirty days from the date of receipt of the notification of the suspension of the permit. Revocation of a license or a notification receipt, as the case may be (draft section 35)

                (18) prohibiting licensees from selling marijuana, hemp for consumption to persons such as persons under twenty years of age, pregnant women, lactating women, etc. (Draft Article 37).

                (19) Any person who produces, imports, exports, sells without permission under Section 18 paragraph one shall be liable to imprisonment for a term not exceeding three years. or a fine not exceeding three hundred thousand baht or both to be fined (Draft Article 38)

                (20) stipulates that any person who violates section 37 shall be liable to a fine not exceeding thirty thousand baht (draft section 40).

people involved
Ministry of Health
Food and Drug Administration
Ministry of Higher Education, Science, Research and Innovation
ministry

 

 

 

 

[Bert got kinky]

19 hours ago, ezzra said:

And how they are going to police all that? Thailand needed this marijuana business like a hole in the head as if the don't have million others problems to deal with they added this bizarre free marijuana on top of all their problems...

 

I agree.

We should all take up drinking instead.

I'm looking forward to spending the kid's school dinner money in a bar, side swiping a few cars on the drive home, beating the merry carp out of my long suffering wife and soiling my trousers, while sleeping with my head in the toilet bowl.

Who need drugs, eh?

 

Edited June 17, 2022 by Bert got kinky

[Bert got kinky]

17 minutes ago, Wagga said:

I think I could dispose of my 'prescribed cannabis' in less than 30 days. Just saying. ????

 

I have already used up my allotment for the next 7 months.

When can we get some more?

 

 

[Arkady]

The Cannabis and Hemp Bill seems to fill in a lot of the details of licensing, registration for home growers & etc.  Also the ban on sale to under 20s, pregnant and lactating women (how to know if they are in the early stages of pregnancy or lactating?).

 

I read in one report that import of a small quantity for personal use carried on the person will be allowed.  It will be interesting to see if that makes it through parliament into the final version.

 

It is quite common in Thai legislation for a law to be promulgated or amended with enabling legislation to follow.  That happens with every constitution with organic laws filling in the details later.  It has also happened with amendments to the Land Code, Working of Aliens Act and many other laws.  Sometimes this laws cannot be put into effect at all without the enabling legislation, e.g. the constitution.  In other cases they can.  The Working of Aliens Act stipulated that the list of reserved professions would be amended by a ministerial decree within 12 months but that amendment was never issued and the law was revoked and replaced by a Royal Decree without any revision to the list of reserved professions. 

 

In this case one could argue it was inappropriate to amend the Narcotics Act by deleting cannabis except extracts over 0.2% from Category 5 without the enabling legislation. However, I think we can assume this was a case of political expediency.  Anutin had the power the amend the Narcotics Act with approval from the Narcotics Committee simply by issuing a one page ministerial order. The Cannabis and Hemp Bill had to be drafted at length, reviewed by the Juridicial Council and go through three House readings (it is has just passed the first reading).  With the government coming to the end of its term and with the risk of early elections, there was and still is no guarantee the Cannabis and Hemp Bill would be passed before the next elections.  Waiting for this Anutin would have risked going to the polls with his key election pledge unfulfilled. 

 

Cannabis legalization must have been the main attraction of the MoPH to Anutin.   Who would have guessed back in 2019 he was going to have to deal with a pandemic? With the pandemic and vaccines starting to recede in the rear view mirror, at least for now, Anutin is coming through as a man who, for better or wore, delivers his promises which could put him in a good position to become a future PM.

 

[Arkady]

I have only started looking into the legal aspects of cannabis in Thailand in the last few days out of curiosity.

 

I have a question for those who know more about it.  Is hashish considered an extract over 0.2%?  I believe it is made of pressed cannabis resin.  Therefore it is not strictly speaking an extract like cannabis oil.  However, it hasn't appeared on any of the dispensary price lists I have seen which leads me to think it might be considered an extract.  The resin in Thailand may just be left with the buds to increase their potency. 

[Arkady]

Looking briefly through the history of Thai cannabis legislation I see there was a Cannibis Act of 1934 that was repealed on the promulgation of the Narcotics Act 1979 which included all parts of cannabis and hemp plants and their extracts for total prohibition in Category 5.

 

Under the Canabis Act 1934 it was considered a medicinal herb and the law was all about licensing for sellers.  Plus ça change.  After 43 years of prohibition which apparently achieved nothing Thailand is now reverting to the status quo of 88 years ago. 

[johnmcc6]

so they think they can monitor billions of hemp flowers??

[JimboB4]

Ok so they are not really regulating it all shops still have it. I asked my shop and they’re only supposed to ask for ID and not sell to pregnant women. Also people are allowed to grow it at home now. That makes it impossible to regulate. 

[JimboB4]

He’s just appeasing the ultra conservatives and it doesn’t actually do anything real to regulate it. 

[connda]

Let's see.

It's legal to grow the plant but it's illegal to have a plant with flowers.  So, if you are growing plants for 'personal use' then what should you do if your plants decides to flower? 

So, once signed into the  Royal Gazette, I'm assuming those 3000 prisoners released on possession charges will be tossed back into jail.  Then they better start building more jails because the commoners can now grow the plant, but should the plant flower they can then be thrown into prison.
Of course it's not too late to simple add another sentence to the bill that makes it illegal for the common public to grow that plant in the first place.  Flip-Flop.  Right back to square one.

[BritManToo]

29 minutes ago, connda said:

So, if you are growing plants for 'personal use' then what should you do if your plants decides to flower? 

I'd suggest burning the flowers.

 

My personal opinion is that cannabis flower will become as illegal as prostitution, selling alcohol out of hours, driving without tax/insurance/m/c helmet or driving license.

 

Final result

Everyone will be doing it, but sometimes you will need to pay the BiB 200bht.

Edited June 17, 2022 by BritManToo

[patman30]

22 hours ago, GeorgeCross said:

if the regulation stops here i'll be a happy bunny

 

fingers crossed 

They will continue to regulate,
one step at a time.

may not affect end user too much
but there is too much money to just let everyone have a slice of the pie

production regulations and licenses are only a matter of time.

[San Fran Dan]

Fellow Smokers Please keep it Home , Don’t go Public , We don’t need a Crackdown…Thailand is being Very Progressive, Let’s Not screw it up  

[ThaiVisaCentre]

2 hours ago, Arkady said:

I have only started looking into the legal aspects of cannabis in Thailand in the last few days out of curiosity.

 

I have a question for those who know more about it.  Is hashish considered an extract over 0.2%?  I believe it is made of pressed cannabis resin.  Therefore it is not strictly speaking an extract like cannabis oil.  However, it hasn't appeared on any of the dispensary price lists I have seen which leads me to think it might be considered an extract.  The resin in Thailand may just be left with the buds to increase their potency. 

Yes, this is extract.

 

If you are "extracting" anything from the plant into a concentrated form it falls under the 0.2% rule.

 

Edited June 17, 2022 by ThaiVisaCentre

[robsamui]

At the end of the day, nothing will have changed but the price. I can buy oil, resin and bud locally (not to mention that dreadful compressed dog's breakfast stuff). With the entire nation farming herb, how can there be any policing or control over bud sales and use - let alone oil production?. Current prices will drop hugely in the next half-year.

 

PREDICTION: this will end up like "employment, businesses and taxation"., The Thai govt can't control their own people and get them to declare their earnings and pay income tax, so they nail the farangs to the wall instead.

 

The whole cannabis-cultivation thing will go the same way . . . impossible to keep track of millions of Thais, but heaven help any farangs who are reckless enough to think they can join in; they'll be hung out to dry.

[Ralf001]

So only pregnant women get nailed if the road side <deleted> test comes back positive ?

[Bert got kinky]

2 minutes ago, Ralf001 said:

So only pregnant women get nailed if the road side <deleted> test comes back positive ?

 

And rightfully so.

Serves them right for allowing themselves to get in that state in the first place.

Damn hussies.

 

[LivinLOS]

23 hours ago, Puccini said:

Once this new Ministerial Regulation is published in the Royal Gazette, I'd like to get a link to it if someone cn find it.

 

[LivinLOS]

7 hours ago, KhaoYai said:

I'd like to see a translation of the original new regulations, not just this new 'clarification' - there's been nothing but confusing and contradictory reports from the start. For example, when de-regulation was first announced the entire proposals were based on medical use - now the word 'recreational' is being openly used.

 

Then there's the confusion over the stated strength of 0.2% THC content. So what do the regulations, as published, actually say. In my book, by placing an age threshold on the drug and stating that it should not be used by pregnant women, Anutin is throwing the 0.2% in the bin.  Such a low content wouldn't even be noticed by the user and would be of no harm whatsoever so there'd be no point in controlling anything.

 

Has anyone seen a translation of the new laws - as published in the Royal Gazette?

The confusion is that no law was made.. 

120 days before 9th June they took cannabis off the narcotics list entirely.. Extracts made from cannabis (any processing, food, oils, wax, etc) was ether OK under 0.2% and controlled by FDA as a CBD product or over 0.2% as a narcotic and still only possible with a prescription.

They fully expected to create and pass laws in the time between publication and it being law. Conservative voices fully expected all THC parts to be controlled. Somehow Thailand failed to make any law (accidentally on purpose ??) so it effectively decriminalized the plant entirely, not what most officials voted for. 

A law may come, but right now there isnt one 

 

T_0001.pdf

[LivinLOS]

This sums it up well

https://coconuts.co/bangkok/news/blunt-truth-media-keep-getting-it-wrong-on-thai-cannabis-legalization/

[LivinLOS]

16 minutes ago, StealthComms said:

Here's actual law.

All it says u can't sell flowers to under 20 y olds and pregnant woman.

As well need a licence for controlled herb. 

Agree.. 

But as you can also home grow totally without restrictions I dont see how they will be able to police the need for anyone over 20 to have a prescription. Did this weed come from a licensed practioner or your back garden ?? 

[LivinLOS]

3 hours ago, JimboB4 said:

He’s just appeasing the ultra conservatives and it doesn’t actually do anything real to regulate it. 

this.. exactly this.. 

A rushed through order, signed instantly, that doesnt actually do anything real, only makes some noises about protecting the children (think of the kids !!!).. 

Its another miss direction and makes me even more convinced the failing to pass a cannabis control law in the 120 days was a Thai way of pushing full legalization through.