Just Got Picked Up For Marijuana Possession

[simple1]

btw it was crubs of crushed marijuana that was stuck inside my wallet

bummer! Hope all works out OK for you...

[arlissmichaels]

I have no plans to leave the country at any time in the near future

You may not have a say in that at the end.

[Tatsujin]

The actual "possible" penalties for marijuana possession are:

Imprisonment not exceeding 1 year and a fine of 100,000 – 1,000,000 for consumption

It's a crap shoot here on what will actually happen, it depends on your attitude, how they feel on the day and numerous other factors. If you have Thai friends who are in good standing within the community, that will go a long way to helping things for you. With your WP/Visa, again it rather depends on what side of bed they get out of on that day, they "could" cancel your visa and then deport and blacklist you. Unlikely but a possibility.

Most likely you'll be fine, afternoon in jail at Court, small fine, slap on the wrist, you go on your merry way. I would however talk to a "good" Thai lawyer in the meantime tho to see if they can help "smooth" things over.

Edited December 3, 2012 by Tatsujin

[Tywais]

To get the maximum (actual) penalties out of the way and accurate based on rule of law as opposed to the above post: Thailawforum and Thailandlawyer

The NCB followed the passing just a year earlier of the Thailand Psychotropic Substances Act 2518 (1975), which listed 108 controlled items in four classifications¹⁷, and also saw an assortment of Thailand drug and narcotics laws (Kratom Plant Act B.E. 2486 (1943), Marijuana Act B.E. 2486 (1943), and Narcotics Act, B.E. 2465 (1922)) combined into the Thailand Narcotics Act, B.E. 2522 (1979).¹⁸

The Thailand Narcotic Act B.E. 2522 states the current potential punishments for the possession of marijuana in Thailand:

For possession of up to 10kg, the maximum sentence is 5 years in prison and/or a fine of 50,000 baht.

For possession of more than 10kg, it is considered as possession with intent to sell. The sentence can range from 2 - 15 years in prison, and/or include a fine of 20,000 to 150,000 baht. Charges can also be levied for amounts of 10kg or more for the intent to produce, import or export cannabis. The sentence is the same.

-------------------------------------------------------

We spoke with Thakoon Chantararangsi, a Thai attorney and barrister at the Bangkok law firm Chaninat & Leeds, regarding how travelers arrested for marijuana are treated in the Thai justice system: “Let’s make no mistake about it: Marijuana is illegal in Thailand and getting arrested in Thailand for marijuana can result in jail time and can seriously disrupt your life and travel plans. However, for the majority of people arrested for simple possession of small quantities a fine, rather than prison time, is imposed. Nevertheless, the actual law does give the judge discretion to impose a prison term. The main issues for travelers are: jail time pending bail, the inability to leave the country while a case is pending, and being blacklisted from future travel to Thailand. However, Narcotics police in Thailand currently view methamphetamines (ice and “ya baa”) as a more serious issue.

[UKJASE]

my best mate was nicked on the island back in 1997 when i was with him, with 0.55g

he was on 50,000B bail and spent three weeks on bail before going to the court in surat thani on the night boat, handcuffed to a BIB

the lawyer who had previously offered to get him off all charges for the full 50k was waiting at the port and offered to get him off for 25k

he still had to go to court, but didnt get deported and no stamp in his passport

the lawyer had great fun handing out his 500B bills to whomever he came acrossk

u will be fine mate, but it may cost ya 20K i reckon

[inthepink]

There are farang doing 3 years in prison here for similar amounts. I would leave and forfeit your bail if you can. and just say no...

You have any evidence of that do you? Other Westerners were sentenced to three years in prison for possession of roughly 1/35 ounce of marijuana? I seriously doubt that.

It's probably best not to post on here if you are caught in possession of grass, it only encourages the sad old farts to make sanctimonious comments....

@ PattayaPhom - Scuba diving instructors shouldn't smoke grass? I guess they shouldn't touch alcohol either then?

Edited December 3, 2012 by inthepink

[USNret]

btw it was crubs of crushed marijuana that was stuck inside my wallet

In the interest of better understanding legal rights in Thailand (such as they are), what was the officer doing looking through your wallet? Does the concept of "probable cause" exist here?

[Tatsujin]

btw it was crubs of crushed marijuana that was stuck inside my wallet

In the interest of better understanding legal rights in Thailand (such as they are), what was the officer doing looking through your wallet? Does the concept of "probable cause" exist here?

What powers do drug enforcement officials have?

Under provisions of the act, 'competent officials' (for most practical purposes, this means the police), have to following powers of stop, search and arrest:

• 
  To enter and search any place or dwelling place, providing they have reasonable grounds to suspect that there is a person or persons who they reasonably suspect to be involved in the commission of offences relating to narcotics on the premises or there are illegal drugs on the premises, or the premises are being used or are intended to be used in the commission of offences involving illegal drugs. Note that the officials must have reasonable grounds to believe that delaying any search in order to obtain a warrant would result in the escape of any suspects, or the substances in question being hidden, destroyed or in some other way 'transformed'
  
• 
  To search any person or vehicle if there are reasonable grounds to suspect they are carrying or hiding illegal drugs
  
• 
  To enter and search premises without a warrant (having reasonable grounds for suspicion) and order a person or a group of people to undergo 'on the spot' drug tests (under provisions of the fifth amendment of the Narcotics Act)
  
• 
  To arrest any person involved in the commission of any offence related to illegal drugs
  
• 
  To seize any illegal drugs or any property being used or intending to be used in the commission of offences relating to narcotics or such that may be used in evidence
  
• 
  To search under the provisions of the Criminal Procedure Code
  
• 
  To make inquiries regarding suspects alleged to be involved in offences relating to narcotics
  
• 
  To issue a letter of enquiry or a summons to any person or official of any Government agency to give a statement or submit an account, document or material for examination
  

[Soutpeel]

I would think the OP will get off with a fine, however, he will end up with a drug conviction in Thailand, and depending on how far the court wants to push it, his WP/visa could be pulled....it would be within their legal right to do so, but the million dollar questions is...will they ?

[simple1]

btw it was crubs of crushed marijuana that was stuck inside my wallet

In the interest of better understanding legal rights in Thailand (such as they are), what was the officer doing looking through your wallet? Does the concept of "probable cause" exist here?

More to the point are you going to discuss with a Thai police officer his rights to search you? Best of luck with that approach

[Sharp]

loserlazer I'm thankful for all the feedback mate

My pal just got done for a small amount in Phuket not exactly sure how much but the cops said due to the real push on drugs now they r real anal on drug offences small or not for Government statistics ,he got visa and work permit cancelled and a stamp in his passport of some sort and flew out last week told to give it a year before he tries to return and maybe he can get back in no promises ,the cop said stopping it getting to court is the key to it because after that it's the court who decide and been given clear guide lines .soz man but good luck anyhow,,

Sent from my iPad using ThaiVisa app

[Yme]

When you go to court I believe you will be in leg chains, can't be pleasant.

<deleted>!

The OP will receive a small fine, perhaps some community service and that will be the end of it.

[Soutpeel]

When you go to court I believe you will be in leg chains, can't be pleasant.

<deleted>!

The OP will receive a small fine, perhaps some community service and that will be the end of it.

It will not be the end of it if they decide to pull his visa and WP, which they would be legally entitled to do...

[lopburi3]

Several illegal activity posts have been removed.

[anon210]

When you go to court I believe you will be in leg chains, can't be pleasant.

<deleted>!

The OP will receive a small fine, perhaps some community service and that will be the end of it.

It will not be the end of it if they decide to pull his visa and WP, which they would be legally entitled to do...

My understanding is that removal of WP and visa is automatic and compulsory upon conviction. Especially for a crime as detaining drugs. I would suggest the mods to lock further threads about drugs and visa-related issues as apparently many posters seem oblivious to the nature of the crime... and others are always keen to suggest illegal solutions.

We have enough farang drug addicts around without giving on top of it the impression that thaivisa members especially are all concerned by such deviant behavior.

Sent from my GT-N7000 using Thaivisa Connect App

[Soutpeel]

When you go to court I believe you will be in leg chains, can't be pleasant.

<deleted>!

The OP will receive a small fine, perhaps some community service and that will be the end of it.

It will not be the end of it if they decide to pull his visa and WP, which they would be legally entitled to do...

My understanding is that removal of WP and visa is automatic and compulsory upon conviction. Especially for a crime as detaining drugs. I would suggest the mods to lock further threads about drugs and visa-related issues as apparently many posters seem oblivious to the nature of the crime... and others are always keen to suggest illegal solutions.

We have enough farang drug addicts around without giving on top of it the impression that thaivisa members especially are all concerned by such deviant behavior.

Sent from my GT-N7000 using Thaivisa Connect App

oh dear....a mod wannabe perhaps ?.....if you object to any content discussed use the report button...not rocket science...

[Mario2008]

The immigration law says you are unfit to enter the country if:

Having been imprisoned by the judgment of the Thai Court ; or by a lawful injunction ; or by the judgment of the Court of foreign country , except

when the penalty is foe petty offense or negligence or is provided for as an exception in the Ministerial Regulations.

Having behavior which would indicated possible danger to the public or likelihood of being a nuisance or constituting any violence to the peace

or safety of the public or to the security of the public or to the security of the nation , or being under warrant of arrest by competent officials of foreign

governments.

For people already in Thailand with a permisison to stay things are abit more vague:

Where there is a proper reason , the Director General or the Immigration Commission shall have power to revoke permission previously

authorized the alien to stay temporary in the Kingdom , whether or not the Director General , or the official deputized by the Director General , has granted

such permission.

In the case the Director General has ordered permission to be revoked , the alien whose permission has been revoked may appeal such orders

to the Immigration Commission. Order of the Immigration Commission will be final.

The appeal of the Director General’s order under paragraph 2 of this Section shall be submitted to the competent official within forty – eight hours

from the time of acknowledgement of such order from the Director General and must be complied with from and fees as prescribed in the Ministerial Regulations.

After cancellation of the temporary entry permit in reference to the provision of paragraph 1 of this Section , the alien must be notified by a written

notice. In the case a written notice cannot be sent to the alien , yet the competent official has post a notice to the alien’s place of stay , as previously

notified , and forty – eight hours , have passed , it is assumed that the alien has received said notice.

Given that there is a war on drugs, it is hard to tell how the government will react.

[Tafia]

Given that there is a war on drugs, it is hard to tell how the government will react.

This quote is exactly what it will boil down to, for all the advice given here from don't worry to they will hang and flog you, forget it, Its all what happens on the day, for me I'd hope for the best but prepare for the worst and if you do manage to get away with a slapped wrist and deportation, remember not to meddle in that stuff again in Thailand, once maybe a mistake twice is a habit!!

Good Luck.

[wherenext]

Not sure if you have had your day in court but this is my friends experience- He has owned a business (legitimate and reputable) and work permit in wouth for 4 years, helping in tourism industry.

Caught at phuket checkpoint .277g marijuana, went through court - took about a month ( had 3 nights in jail because of stuff up with passport and bail) not to mention the time when waiting for court - detained all day in cell.

got a fine of 4000 baht less time in jail. thought is was all over, had a letter from the court saying he had cleared court and was free to travel in Thailand. By the way the bail was 20, 000, lawyer 40,000 then cant remember how much more, 40,000 to cops. since then 3 lost airline tickets, another lawyer ('more reputable') the first was a crook .

Then went to go home and renew non b and he wasnt allowed to leave thailand, he had to go to immigration in phuket - more paperwork, 'fees' etc. he was then deported with a 'black mark' saying he was done for marijuana.

We have now spent 5 months trying to find out if he can return and cant get an answer.

We're told he can try to come in and if they dont let him he can go into detention and appeal to the internal affairs minister (so go to jail and wait - and if he doesnt hear back he is ok to enter).

Or come in with a new name, passport and country (illegal and not a channel we want to try).

There is no logic with what happens. He screwed up but there is no distinction from dealers to a small joint - so this is the reality. Good luck, all lawyers will screw you, and no one really knows what will happen.

We have had to close our business and leave our life in thailand, the most expensive small joint in the world. some may criticise dont do illegal things - not saying he wasnt in the wrong, but there is not clear system to help - especially when it comes to drugs. your reputable friend can try and help - as ours has, but it is the officials who dont want their name next to clearing someone for drugs.

good luck - if you get to stay let us know how you did it!

[sutton1001]

Well I don't have any experience or anything to add accept good luck mate hope it all goes well!!!

Sent from my iPhone using ThaiVisa app

[Mario2008]

Not sure if you have had your day in court but this is my friends experience- He has owned a business (legitimate and reputable) and work permit in wouth for 4 years, helping in tourism industry.

Caught at phuket checkpoint .277g marijuana, went through court - took about a month ( had 3 nights in jail because of stuff up with passport and bail) not to mention the time when waiting for court - detained all day in cell.

got a fine of 4000 baht less time in jail. thought is was all over, had a letter from the court saying he had cleared court and was free to travel in Thailand. By the way the bail was 20, 000, lawyer 40,000 then cant remember how much more, 40,000 to cops. since then 3 lost airline tickets, another lawyer ('more reputable') the first was a crook .

Then went to go home and renew non b and he wasnt allowed to leave thailand, he had to go to immigration in phuket - more paperwork, 'fees' etc. he was then deported with a 'black mark' saying he was done for marijuana.

We have now spent 5 months trying to find out if he can return and cant get an answer.

We're told he can try to come in and if they dont let him he can go into detention and appeal to the internal affairs minister (so go to jail and wait - and if he doesnt hear back he is ok to enter).

Or come in with a new name, passport and country (illegal and not a channel we want to try).

There is no logic with what happens. He screwed up but there is no distinction from dealers to a small joint - so this is the reality. Good luck, all lawyers will screw you, and no one really knows what will happen.

We have had to close our business and leave our life in thailand, the most expensive small joint in the world. some may criticise dont do illegal things - not saying he wasnt in the wrong, but there is not clear system to help - especially when it comes to drugs. your reputable friend can try and help - as ours has, but it is the officials who dont want their name next to clearing someone for drugs.

good luck - if you get to stay let us know how you did it!

The trick is to appeal, to which the minister much answer within 7 days time. If the minister doesn't anwnser within that time frame the appeal is automatically granted.

[candypants]

These happened to one of my friend:

First, you say goodbye to your 40 k. You will never see it again.

Second you will wait for the court in koh samui sometime 2-3 weeks.

Third, you will spend entire day in koh samui prison.

Fourth, the judge will fine you around 3000 thb something.

Fifth, you will lose your work permit and they will stamp ' cannot enter thailand for one year' statement in to your passport.

Sixth, you are free to stay in Thailand until the end of your visa but if they cancel your permit means within a week you need to leave.

Sorry man. Try to find a good lawyer as they can let your work permit survive but you need to pay handsomely.

And no worries, you will not get a jail sentence still be nice in court and to policemen.

Good luck man.

Sent from my GT-N7100 using Thaivisa Connect App

that may have happend to your friend, but it is by no means definitive, especially if the guy has local support

Edited January 29, 2013 by candypants

[BEENTHEREDONETHAT]

I assume that was medical marijuana, it is used for

• 3.2 Pain relief
  
• 3.3 Glaucoma
  
• 3.4 Spasticity in multiple sclerosis
  
• 3.5 Alzheimer's disease
  
• 3.6 Breast cancer
  
• 3.7 HIV/AIDS
  
• 3.8 Brain cancer
  
• 3.9 Opioid dependence
  
• 3.10 Controlling ALS symptoms
  

[Kilgore Trout]

When you go to court I believe you will be in leg chains, can't be pleasant.

<deleted>!

The OP will receive a small fine, perhaps some community service and that will be the end of it.

It will not be the end of it if they decide to pull his visa and WP, which they would be legally entitled to do...

My understanding is that removal of WP and visa is automatic and compulsory upon conviction. Especially for a crime as detaining drugs. I would suggest the mods to lock further threads about drugs and visa-related issues as apparently many posters seem oblivious to the nature of the crime... and others are always keen to suggest illegal solutions.

We have enough farang drug addicts around without giving on top of it the impression that thaivisa members especially are all concerned by such deviant behavior.

Sent from my GT-N7000 using Thaivisa Connect App

Removal of wp is not automatic nor compulsory, however immigration are the people he wants to keep friendly

Sent from my GT-S5660 using Thaivisa Connect Thailand mobile app