Have lighter drug laws had any affect on expat visas/work permits?

[Beeonlotus]

In 2021, Thailand lightened many of the drug laws, including removing all mandated prison sentences for possession.  I'm curious: has this policy change had any effect on other areas of government?  For example, if I was convicted of possession of cocaine five years ago, would this be viewed more leniently when applying for work permit/visa?  Also, have there been any changes in cases of expats facing lighter repercussions for possession charges?  I've heard some stories of people being banned for 20 years for being caught with a gram of marijuana.

 

Thanks in advance.

[marin]

6 minutes ago, Beeonlotus said:

In 2021, Thailand lightened many of the drug laws, including removing all mandated prison sentences for possession.  I'm curious: has this policy change had any effect on other areas of government?  For example, if I was convicted of possession of cocaine five years ago, would this be viewed more leniently when applying for work permit/visa?  Also, have there been any changes in cases of expats facing lighter repercussions for possession charges?  I've heard some stories of people being banned for 20 years for being caught with a gram of marijuana.

In June of last year marijuana was legalized. That is all that really happened. Now that is in flux, but I personally believe it will remain legal but more highly licensed. Other than that I have no idea what you are talking about. If you have been busted for coke, that remains just the same on your record here. Police checks for employment are conducted for the most part. 

[FritsSikkink]

Nothing has changed in the law about class 1 drugs (cocaine, heroin). Doubt you get a work permit. 

[FritsSikkink]

7 minutes ago, marin said:

In June of last year marijuana was legalized. That is all that really happened. Now that is in flux, but I personally believe it will remain legal but more highly licensed. Other than that I have no idea what you are talking about. If you have been busted for coke, that remains just the same on your record here. Police checks for employment are conducted for the most part. 

Kratom was legalized too, same class drug as marijuana before. 

[Beeonlotus]

To clarify, I wasn't busted for coke possession.  It's a hypothetical example.  What I want to know is whether or not the Immigration / Labor Department's views towards drug possession have lightened when considering criminal records / in-country convictions.

[Beeonlotus]

23 minutes ago, marin said:

In June of last year marijuana was legalized. That is all that really happened. Now that is in flux, but I personally believe it will remain legal but more highly licensed. Other than that I have no idea what you are talking about. If you have been busted for coke, that remains just the same on your record here. Police checks for employment are conducted for the most part. 

That's true, but they also revised and lightened the laws re: drug offenses in 2021 prior to Marijuana's legalization.  Part of that was removing all mandatory prison sentences for possession, including hard drugs like heroine or meth.

[marin]

2 minutes ago, Beeonlotus said:

Part of that was removing all mandatory prison sentences for possession, including hard drugs like heroine or meth.

Say what? No that has not happened. 85% of prisoners in Thailand are in for drugs, the majority simple possession. 

[FritsSikkink]

6 minutes ago, Beeonlotus said:

Part of that was removing all mandatory prison sentences for possession, including hard drugs like heroine or meth.

No, they didn't do that for hard drugs.

[KannikaP]

39 minutes ago, marin said:

In June of last year marijuana was legalized.

No it was not. Read previous posts. Max 0.02% THC only (or it could be 0.2 or 0.0002% depending on what you read).

Edited June 15, 2023 by KannikaP

[jvs]

22 minutes ago, Beeonlotus said:

To clarify, I wasn't busted for coke possession.  It's a hypothetical example.  What I want to know is whether or not the Immigration / Labor Department's views towards drug possession have lightened when considering criminal records / in-country convictions.

If you  were never busted with drugs then why do you want to know?

 

[marin]

9 minutes ago, KannikaP said:

No it was not. Read previous posts. Max 0.02% THC only (or it could be 0.2 or 0.0002% depending on what you read).

Oh, the old splitting hairs technique. Well I dont go with that as there are thousands of shops selling the stuff at much higher levels than that. Read again what I wrote. 

 

51 minutes ago, marin said:

but I personally believe it will remain legal but more highly licensed.

Not going to get into it with you, but......

[Preacher]

Labour department comes not into play regarding drugs as with drugs you normaly get deported and banned from entry. Criminal records which include serving time are grounds for deportation, incuding if it is a conviction from abroad.

[Beeonlotus]

15 minutes ago, FritsSikkink said:

No, they didn't do that for hard drugs.

They did.  You can read more here and here (for this last one, as far as I understand, the Narcotics Act replaced some of the sentencing for the Psychotropics Act).  A lot of the law websites haven't updated the information on their websites, which is one of the reasons why there's so much confusion about this.

[Beeonlotus]

24 minutes ago, KannikaP said:

No it was not. Read previous posts. Max 0.02% THC only (or it could be 0.2 or 0.0002% depending on what you read).

I read the law in Thai when it was first released.  The THC limit is on extracts, not on flowers. 

[FritsSikkink]

1 hour ago, Beeonlotus said:

They did.  You can read more here and here (for this last one, as far as I understand, the Narcotics Act replaced some of the sentencing for the Psychotropics Act).  A lot of the law websites haven't updated the information on their websites, which is one of the reasons why there's so much confusion about this.

None of your links says otherwise then what i told you. People get released from jail early or reduced sentences on special occasions (birthday king or queen) all the time. Nothing has changed on hard drugs. 

[freedomnow]

It's Thailand - different departments will all be out of lockstep and there may be an element of 'wait and see'...wait and see if it all rules get changed yet again.

[Maestro]

2 hours ago, marin said:

In June of last year marijuana was legalized. That is all that really happened. Now that is in flux, but I personally believe it will remain legal but more highly licensed. Other than that I have no idea what you are talking about. If you have been busted for coke, that remains just the same on your record here. Police checks for employment are conducted for the most part. 

 

2 hours ago, Beeonlotus said:

That's true, but they also revised and lightened the laws re: drug offenses in 2021 prior to Marijuana's legalization.  Part of that was removing all mandatory prison sentences for possession, including hard drugs like heroine or meth.

It is not quite clear to me what people mean when they say "legalize" and "legalization" with regard to marijuana in Thailand.

 

My understanding is that marijuana was previous classified as a "narcotic" and now is classified as a "specially controlled drug"

 

As KannikP mentioned, the new classification as specially controlled drug applies only to marijuana with a specific minimum content of THC (tetrahydrocannabiol). I do not know what classification, if any, under the Drugs Act, also know as the Medicines Act, applies to marijuana with a lower than the specified minimum content of THC.

[Beeonlotus]

2 hours ago, FritsSikkink said:

None of your links says otherwise then what i told you. People get released from jail early or reduced sentences on special occasions (birthday king or queen) all the time. Nothing has changed on hard drugs. 

Quoting from Siam Legal:

• Category 1 – Heroin;Amphetamine; Methamphetamine; MDMA (Ecstasy); LSD
• Category 2 – Cocaine; Codeine; Methadone; Morphine
• Category 5 – Cannabis; psychoactive mushrooms; Kratom Plant

For Category 1 Substances:

• Up to 10 years imprisonment or a fine of 20,000 – 200,000 Baht for possession. Note again that if the quantity of the substance or substances found exceeds prescribed levels in the act, then possession for the purpose of disposal will be inferred. It should also be noted that 'disposal' is defined in the act as meaning to 'sell, distribute, give away indiscriminately, exchange or give
• Up to 3 years imprisonment or a fine of 10,000 – 60,000 Baht for consumption

For Category 2 Substances:

• Up to 5 years or a fine not exceeding 100,000 Baht or both for possession. If the quantity is 100 grams of a pure substance or more, this will be regarded as possession for the purpose of disposal
• Six months to three years or a fine of 10,000 – 60,000 Baht or both for consumption

"Up to 5 years" in this case means that they can not sentence a person to any prison time.  Judges sometimes allow prisoners to go to a drug treatment facility instead of going to prison or pay a hefty fine.

[khunJam]

6 hours ago, Beeonlotus said:

For example, if I was convicted of possession of cocaine five years ago, would this be viewed more leniently when applying for work permit/visa? 

No - because the law was violated at the time the law was on the books. It's about law violation and as far as I know, laws that were violated that resulted in conviction are not expunged just because the penal code has been changed and is off the books.  

[herfiehandbag]

6 hours ago, Beeonlotus said:

For example, if I was convicted of possession of cocaine five years ago, would this be viewed more leniently when applying for work permit/visa?

Asking for a friend by any chance?

[RanongCat]

Get self arrested and make report to here after . Why expected  memebrs here have experience to educate you? In Thailand is  no single way to know when extra money can smooth  road surface.

[marin]

2 hours ago, Beeonlotus said:

"Up to 5 years" in this case means that they can not sentence a person to any prison time.  Judges sometimes allow prisoners to go to a drug treatment facility instead of going to prison or pay a hefty fine.

You are out of your mind. Why are people still arrested and doing time if this is the case?  

[DrJack54]

Seems like a topic for "General Discussion " 

[Liverpool Lou]

2 hours ago, Beeonlotus said:

For Category 2 Substances:

• Up to 5 years or a fine not exceeding 100,000 Baht or both for possession. If the quantity is 100 grams of a pure substance or more, this will be regarded as possession for the purpose of disposal
• Six months to three years or a fine of 10,000 – 60,000 Baht or both for consumption

"Up to 5 years" in this case means that they can not sentence a person to any prison time.

""Up to 5 years" in this case means that they can not sentence a person to any prison time".

No, that is not what it means!   

"Up to five years" means that they can give prison sentences of up to five years.

Edited June 15, 2023 by Liverpool Lou

[khunJam]

4 hours ago, Beeonlotus said:

"Up to 5 years" in this case means that they can not sentence a person to any prison time. 

This is the problem with stoner addicts - they live in a delusional reality where there's no foresight of consequences until consequences become reality. 

[Beeonlotus]

1 hour ago, Liverpool Lou said:

""Up to 5 years" in this case means that they can not sentence a person to any prison time".

No, that is not what it means!   

"Up to five years" means that they can give prison sentences of up to five years.

That's missing the point.  A judge can also sentence someone to no prison time and a fine, a day in prison, or completion of a drug rehabilitation program.  Therefore, prison time is not mandatory for possession crimes of even hard drugs.

[scorecard]

11 hours ago, DrJack54 said:

Seems like a topic for "General Discussion " 

Or close the thread!

[Beeonlotus]

1 hour ago, scorecard said:

Or close the thread!

I'm leaving.  Nothing of value's come from this.  Mostly snarky questions or uninformed opinions.

[brianthainess]

19 hours ago, Beeonlotus said:

To clarify, I wasn't busted for coke possession.  It's a hypothetical example.  What I want to know is whether or not the Immigration / Labor Department's views towards drug possession have lightened when considering criminal records / in-country convictions.

Next: I don't want a work permit, i'm just asking for a friend

[FritsSikkink]

15 hours ago, Beeonlotus said:

"Up to 5 years" in this case means that they can not sentence a person to any prison time.  

It means they can throw you in jail up to 5 years. You don't have a clue about the law.