New regulation:Cannabis extract & hash in possession regulation

[george]

!!! ด่วน !!! 
English below

เมื่อวาน วันที่ 9 กุมภาพันธ์ 2567 ได้มีประกาศราชกิจจานุเบกษา ออก กฎกระทรวง (สาธารณสุข) กำหนดปริมาณยาเสพติดให้โทษ และวัตถุออกฤทธิ์ ที่ให้สันนิษฐานว่ามีไว้ในครอบครองเพื่อเสพ พ.ศ. 2567

ลิงค์ประกาศ: https://ratchakitcha.soc.go.th/documents/20444.pdf

โดยมีการกำหนด:
ข้อ 2 (3) (ค) สารเตตราไฮโดรแคนนาบินอล (tetrahydrocannabinol หรือ THC) ที่เป็นสารสกัดจากทุกส่วนของพืชกัญชา หรือกัญชงที่เป็นยาเสพติดให้โทษในประเภท 5 มีน้ำหนักสุทธิไม่เกิน 30,000 มิลลิกรัม หรือในกรณีที่เป็นของเหลวมีปริมาตรสุทธิไม่เกิน 30 มิลลิลิตร

*แปลภาษาคน
ถ้าครอบครองสารสกัดที่มี THC มากกว่า 0.2% ไม่ว่าจะมาจากส่วนไหนของกัญชา/กัญชง มากกว่า 30 กรัม หรือ 30 มิลลิลิตร เจ้าหน้าที่สามารถสันนิษฐานได้ว่าขายชัวร์ 

นี้น่าจะเป็นแค่หนึ่งในหลายกฎกระทรวงที่สาธารณสุขน่าจะทยอยออกมาเรื่อยๆ ต้องค่อยจับตากัญดีๆ

ปล. เห็ดขี้ควายพกได้ไม่เกิน 135 กรัม 😉

#พระแม่แจ้งข่าว #ครอบครองสารสกัดมากกว่า30กรัม #เท่ากับขาย #kittychopaka 
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Yesterday, February 9, 2024, there was an announcement in the Royal Gazette issuing Ministerial Regulations (Public Health) specifying the amount of narcotic drugs and active ingredients which is presumed to be in possession for consumption, B.E. 2567

Which state: 
Item 2 (3) (c) Tetrahydrocannabinol (or THC) extract from  all parts of the cannabis or hemp plant under Schedule 5 Narcotic with weight not exceeding 30,000 milligrams, or in the case of liquid, volume not exceeding 30 milliliters.

 

*Translate to normal people language
If you are in possession of more than 30 grams or 30 milliliters of extract containing more than 0.2% THC, regardless of which part of the cannabis/hemp plant it comes from, officials can assume that you have it for sale. 

 

This is likely just one of many ministerial regulations that Public Health is likely to gradually come out, so keep an eye out.

As note, this includes Hash, and this doesn't apply to extracts being sold at dispensery/cannabis shop as that is considered illegal to sell in the first place, which can carry a fine of 500,000 thb and 5 years in prison.

 

Source:Kitty Chopaka: https://www.facebook.com/share/p/hwVYmTSUu2Bijksy/?mibextid=WC7FNe

 

 See attachments:

[Hokeus]

This isn't a material change to the existing law prohibiting products containing more than 0.2% THC content made from a cannabis extract. 

 

Extracts products containing more than 0.2% THC were already still classified as a Class 5 Narcotic, whereas cannabis flowers were removed from the list of Class 5 narcotics almost 2 years ago. 

 

The only addition to the law I see here in this document is that they added in a quantity limit of 30 milligrams to the existing law on THC extracts and to say that going above the limit can also be considered as an intent to distribute. So this just seems like a tightening up of the existing law to make it a bit more clear, whereas prior to this there was no specified limit on extract quantity. 

 

In any event, extracts isn't the part of the cannabis narcotics law that anyone is really concerned about. The majority of people are growing, selling, buying, and consuming cannabis flowers and which has no THC percentage limitations and flowers are also no longer an illegal Class 5 Narcotic. So they can be sold and consumed at any quantity. This is all that really matters. 

[flyingtlger]

First thing that come to mind....

 

 

[bamnutsak]

Agree that this is not a significant change.

 

Curious though about the 30 gram/30 ml limit.

 

Below that limit, I assume, possession is and remains a crime, with punishments detailed elsewhere.*

 

While above those limits, there are more significant punishments listed.

 

As always with Thai "laws", a bit confusing.

 

If they wanted to limit the recreational use of cannabis flower they could have added it back to the Narcotics list, or codified production, sale, and use as criminal elsewhere.

 

 

 

* Reflecting a bit on this, perhaps the intent is to support medicinal use, only extracts will be allowed, and possession/use in quantities below 30/30 will be legal for "patients". And only those so licensed can produce/sell in quantities above 30/30?

 

 

 

Edited February 11 by bamnutsak

[Hokeus]

6 hours ago, bamnutsak said:

Agree that this is not a significant change.

 

Curious though about the 30 gram/30 ml limit.

 

Below that limit, I assume, possession is and remains a crime, with punishments detailed elsewhere.*

 

While above those limits, there are more significant punishments listed.

 

As always with Thai "laws", a bit confusing.

 

If they wanted to limit the recreational use of cannabis flower they could have added it back to the Narcotics list, or codified production, sale, and use as criminal elsewhere.

 

* Reflecting a bit on this, perhaps the intent is to support medicinal use, only extracts will be allowed, and possession/use in quantities below 30/30 will be legal for "patients". And only those so licensed can produce/sell in quantities above 30/30?

 

I've read through the document more closely. The only real intent of this is legislation is to specify the possession limits for illegal narcotics in categories 1, 2, and 5 which will now be deemed as quantities viewed as being for personal consumption under the law. 

 

One can assume that possession above the specified limits (which is a limit of 30 grams of THC extract exceeding 0.2% THC) will now possibly be considered to be a quantity large enough to be used for sale/distribution, but it doesn't actually say any of that in the document. 

 

And presumably possession of any quantities of these drugs under the newly specified limits is still deemed illegal and will still face criminal charges for possession as always, depending on the actual quantity and circumstances. 

 

However, this document is issued by the Ministry Of Public Health, which doesn't prosecute crimes. So that's why there is no discussion in the document itself about consequences or punishments for possession of the listed substances that are in quantities either above or below the specified limits being set forth herein. 

 

At some point they may put some laws in place to try to limit the recreational use of cannabis flower, but they have already clearly stated that they have no intention to add cannabis flower back on to the Class 5 Narcotics list. 

 

I also don't think there is any deeper intent here in this legislation to support or place limits on medicinal use of extracts or to limit the use of flowers for medical use either. Presumably, if you have been given a cannabis extract product by a licensed Thai doctor or a Thai hospital, and it is intended to be for medical use, then these limits won't apply because the limits in this document all seem to apply to illegal possession and not legal possession. Meaning, for example, if a hospital were to give you 60 grams of a cannabis extract product containing more than 0.2% THC then it likely wouldn't be viewed as exceeding the limits stated in this document because it wouldn't be criminal possession to begin with. 

 

As I already stated earlier, this new legislation issued by the MOPH appears to be of little importance or consequence to most people because it's only focusing on the already illegal THC extract products and not flowers. 

 

As a side note, the fact that many legally licensed cannabis shops are currently illegally selling THC extract products that exceed the 0.2% limit means that a person caught in possession of any quantity of these extract products (even when bought from a licensed cannabis shop) is still breaking the law. 

[Hokeus]

One might also view that the document's intent is to actually make the laws on possession of THC extract products (exceeding 0.2% THC) a bit more lenient. 

 

Meaning, prior to this, there was no indication about possession limits and what amounts of a THC extract product could be viewed as being illegal possession, but still for personal use. But now, under this new legislation, one can possess up to 30 grams without being charged as possessing it for anything other than personal use. Prior to this it is possible that if somebody was in possession of only 15 grams of a THC extract product they could still be charged under the law as possessing an amount more than just for personal use. But now this gray area has been clarified. Perhaps before possession of even 1 gram could have been charged as a serious crime and now that quantity has been raised to a minimum of over 30 grams. 

 

Whether possession limits will ever be placed on flowers remains to be seen. But, unless flowers are ever reclassified in some way as a Class 5 Narcotic, then it seems unlikely any limits on possession of flower quantities can be enacted when it isn't an illegal narcotic substance to begin with. 

[brianthainess]

Meh. 

[stoner]

BP just reported a few hours ago ...

 

government delays approval of cannabis ban legislation.