Thailand's drug penalties 'unfair, laws need rethink'

[webfact]

Drug penalties 'unfair, laws need rethink'
Chularat Saengpassa
The Nation



People wrongly jailed for possessing small amount of drugs, academics say

BANGKOK: -- IT IS HIGH TIME Thailand amends its drug laws so as to ease prison crowding and stop putting so many undeserving people behind bars, a recent seminar was told.

Assoc Prof Sungsidh Piriya-rangsan, dean of Rangsit University's College of Social Innovation, believes that more than 90 per cent of drug convicts should not be in jail.

Speaking at the seminar held by his college, Sungsidh said a large number of drug offenders were sent to prison only because Thai laws made it possible for people caught with a very small amount of drugs to get a trafficking conviction.

"Today, when it comes to female inmates on drug convictions, Thai-land ranks first in Asean and fourth in the world," Sungsidh said.

The seminar tackled the theme of "War on Drugs: Prisons and Jailed Female Victims".

The academic also lamented that many women ended up in legal trouble simply because someone close to them, such as a relative or boyfriend, had been involved in the drug trade.

"In some cases, women were arrested just because they happened to be with their boyfriends at the time the police showed up," he said. "Some women have also agreed to confess to crimes they did not commit for the sake of a beloved."

At the same seminar, Constitution Court Judge Jaran Pukditanakul questioned the fairness of a legal clause that said a person found to have 15 milligrams of a methamphetamine should be charged with being in possession of the illicit drug with the intent to sell.

"With this legal clause, it is easy for police, public prosecutors and courts to work because they do not have to use any other form of evidence to prove the accused with illicit drugs in possession is a drug abuser or a drug trafficker," he said.

The judge called for a review of this clause. In addition, he raised concern about the current categorisation of illicit drugs in Thailand. He said methamphetamines used to be known just as "amphetamines", which were not in the same category as more harmful drugs like heroin.

He said that as widespread anti-drug discourse spurred public fear and hatred towards narcotics, policy-making politicians had decided to label amphetamines as "methamphetamine" and put them in the same category as heroin. Legal punishment related to methamphetamines is as severe as that related to heroin today," Jaran pointed out. He said this re-categorisation of drugs had sent hundreds of thousands of people to prison.

"We must rethink the decision to put amphetamines in the same category as heroin," Jaran emphasised.

Pittaya Jinawat, a former deputy secretary-general of the Office of the Narcotics Control Board, said people should look at drug problems with understanding, and any extreme approach should be avoided.

For example, he said, kratom (Mitragyna speciosa) was in fact less toxic than liquor or cigarettes, "but it is legally recognised as an illicit drug".

Pittaya said the tough punishment of traffickers and dealers practised around the world had proved ineffective in curbing the drug scourge.

He spoke in conjunction with Sungsidh, who believed the "war on drugs" should end.

According to Pittaya, convicted drug offenders themselves victims of the drug-trafficking trade, and pay a high price while drug kingpins remain scot-free.

Pittaya is now a deputy chairman of a working panel tasked with how to reduce the number of female drug-related inmates, a project launched in response to HRH Princess Bhajara Kitiyabha's initiative.

Source: http://www.nationmultimedia.com/national/Drug-penalties-unfair-laws-need-rethink-30259375.html


-- The Nation 2015-05-06

[Dannyboy666]

Draconian State...

[trogers]

Should follow Indonesia, Malaysia and Singapore.

Then less jail space needed.

[greenchair]

In fact they do not plead guilty because of loved ones. They plead guilty because the lazy lawyers encourage them to.

1.The lawyers do not want to take time to fight the case.

2. the families cannot afford good lawyers .

3.the sentence for a guilty plea is automatically halved. The risk of fighting is too high when you have a lazy lawyer and sometimes inexperienced judges.

Thousands of innocent people are in prison because of the justice system.

[zaphod reborn]

As a libertarian, I abhor drug laws, except for smuggling and large distribution prohibitions. An intelligent reform, which retains criminality of drugs for Thailand, would be legalization of mariuana and kratom for personal use, and treatment programs for larger amounts. Amphetamine is a scourge in Thailand and should remain classified with heroin. People caught with personal use quantities should be placed in treatment programs, with re-offense a short prison sentence (less than 3 months). Distribution for sale and smuggling deserves strict prison sentences.

Drug arrests are low hanging fruit for police forces worldwide. It is easy. Currently, the police officers in Thailand pad their arrest statistics and their wallets by arresting people for drug offenses. Often they plant drugs on the suspects. It would be better to eliminate this temptation by legalizing drugs, but at least keep the minor drug offenders out of jail.

[Strangebrew]

It would be far better to legalize Pot, reason being two fold it would give rice farmers another income, by licensing the rice farmer fees collected and tax on pot could go to treatment of more serious drug use. Also it could help train The royal Thai police to be better at there job of enforcing laws. It is a shame that you can kill a police officer and get bail and travel the world at will if your rich. Yet same crime and poor you would not be on the streets for years awaiting trial. You can rob the country blind and still have valid passport to travel and thumb your nose at the government.

[pacovl46]

I think it's alright to put meth in the same category as heroin because it does severe damage to people who are addicted to it. In my opinion even more so than heroin.

[trogers]

As a libertarian, I abhor drug laws, except for smuggling and large distribution prohibitions. An intelligent reform, which retains criminality of drugs for Thailand, would be legalization of mariuana and kratom for personal use, and treatment programs for larger amounts. Amphetamine is a scourge in Thailand and should remain classified with heroin. People caught with personal use quantities should be placed in treatment programs, with re-offense a short prison sentence (less than 3 months). Distribution for sale and smuggling deserves strict prison sentences.

Drug arrests are low hanging fruit for police forces worldwide. It is easy. Currently, the police officers in Thailand pad their arrest statistics and their wallets by arresting people for drug offenses. Often they plant drugs on the suspects. It would be better to eliminate this temptation by legalizing drugs, but at least keep the minor drug offenders out of jail.

How often then not, the drug dealers are police?

[shirtless]

The war on drugs has been lost for years the only people who want it are law enforcement agencies who like big budgets the world is being run by people who belong in the 1800s,

[jcisco]

Pickup the book chasing the scream. It's an interesting personal investigation into the prohibition. How it started and how different countries have dealt with it.

[zaphod reborn]

It would be far better to legalize Pot, reason being two fold it would give rice farmers another income, by licensing the rice farmer fees collected and tax on pot could go to treatment of more serious drug use. Also it could help train The royal Thai police to be better at there job of enforcing laws. It is a shame that you can kill a police officer and get bail and travel the world at will if your rich. Yet same crime and poor you would not be on the streets for years awaiting trial. You can rob the country blind and still have valid passport to travel and thumb your nose at the government.

It's also good for the tourism industry. Pot tourism has boomed in Colorado, Oregon and Washington where pot has been legalized.

[Seastallion]

I think it's alright to put meth in the same category as heroin because it does severe damage to people who are addicted to it. In my opinion even more so than heroin.

The article was not very clear, I too was confused, but once you read more carefully you will see he made the distinction between meth and amphetamine; He said meth should be up there with heroin, but amphetamine should not.

Amphetamine and methamphetamine are two different drugs.

[Seastallion]

Kratom was criminalised because it helped bring people off opium or was a cheaper alternative...the drug barons didn't like losing customers.

The prohibition is severely outdated and also shows just how high up the drug kingpins are.

[wombat]

I heard a news programe tuther day that said Portugal had decriminalised all drugs 15 years ago.

Maybe some lessons could be learned from the Portugal experiance?

[greenchair]

In the few countries that all drugs have been legalised, the crime rate dropped more than half. The prisons emptied. In fact drug addiction goes down. With accessible treatment centers, people choose to stop taking drugs all by themselves. After they get through their addiction,former addicts are know to be hard workers and dedicated family carers. The drug war has been failing for years. Time to try something different.

[quandow]

More and more I consider myself a Libertarian. Irregardless, it is WELL known what the laws are in Thailand, and I have NO pity for those who genuinely break these laws. It's a shame if, as one of the Bali Nine claims, they were coerced into smuggling because a loved one was being held for ransom (that ransom being the act of smuggling), but these are the exceptions, not the majority.

When in Rome, do as the Romans do. If you don't like it, leave or pay the penalty.

[maoro2013]

I do not like the suggestion that there is a difference between male and female offenders.

[robblok]

They should just legalize marijuana and kratom like in most of the enlightened parts or the world. I am also for less harsh punishments on other drugs, as long as its just use and they are not bothering anyone then I don't see any harm. Its their body. However if crimes are comitted when on drugs then punish them. Otherwise taking drugs is a victim-less crime.

Alcohol is one of the worst drugs there is and it is legal while stuff like kratom and marijuana is not. Crazy ofcourse but that is the way it is.

Probably not a popular opinion given the OAP's here who are still scared to death about drugs. But as a Dutch guy I have seen and used all kinds of drugs in my time. Seen friends use even XtC and have a regular job, seen stock-traders and hard working fishermen (Urk) use cocaine and keep their job and life intact. So not everyone who takes drugs turns into an addict or becomes an problem for the rest of us. Sure there is a group that will sink low.. but many of the homeless and addicts are alcoholics.(the legal drug). go figure.

[northernjohn]

It would be far better to legalize Pot, reason being two fold it would give rice farmers another income, by licensing the rice farmer fees collected and tax on pot could go to treatment of more serious drug use. Also it could help train The royal Thai police to be better at there job of enforcing laws. It is a shame that you can kill a police officer and get bail and travel the world at will if your rich. Yet same crime and poor you would not be on the streets for years awaiting trial. You can rob the country blind and still have valid passport to travel and thumb your nose at the government.

It's also good for the tourism industry. Pot tourism has boomed in Colorado, Oregon and Washington where pot has been legalized.

Pot is not an issue in Thailand. Legalizing it in Colorado has brought a rise in their unemployment rate. Thailand like any other country in the world should look at the success Portugal has had with their drug problem. They still have a problem but it is nothing compared to other countries.

Thailand could take a page out of the experience in the states. There was a time not so long ago when possession of one joint could get you 5 years in jail. They in the states have the highest Per Capita rate of people in jail in the world.

One other big detail this article omitted is that a lot of what the Thai Government has considered drug treatment consisted of a stint in jail. I am not up on the current status but I do know that some place in the last year they were talking about revamping their drug treatment system and dropping the jail time. Like I say I am not up on where they are with that.

I am not a Thai Basher or naive. I do not expect it to happen over night. Also there is only at the present 3 states out of 50 and they all have stringent controls on the distribution. To the best of my knowledge the only country where it was a tourist draw was the Netherlands and it is my understanding they have tightened laws up a little bit there along with a lax enforcement of them. LOL sound familiar.

[Praematura]

Meanwhile RTP arrested 8 people playing hi-lo and seized 20 baht...

[trogers]

Meanwhile RTP arrested 8 people playing hi-lo and seized 20 baht...

Strip gaming is not gambling?

[trogers]

It would be far better to legalize Pot, reason being two fold it would give rice farmers another income, by licensing the rice farmer fees collected and tax on pot could go to treatment of more serious drug use. Also it could help train The royal Thai police to be better at there job of enforcing laws. It is a shame that you can kill a police officer and get bail and travel the world at will if your rich. Yet same crime and poor you would not be on the streets for years awaiting trial. You can rob the country blind and still have valid passport to travel and thumb your nose at the government.

It's also good for the tourism industry. Pot tourism has boomed in Colorado, Oregon and Washington where pot has been legalized.

Pot is not an issue in Thailand. Legalizing it in Colorado has brought a rise in their unemployment rate. Thailand like any other country in the world should look at the success Portugal has had with their drug problem. They still have a problem but it is nothing compared to other countries.

Thailand could take a page out of the experience in the states. There was a time not so long ago when possession of one joint could get you 5 years in jail. They in the states have the highest Per Capita rate of people in jail in the world.

One other big detail this article omitted is that a lot of what the Thai Government has considered drug treatment consisted of a stint in jail. I am not up on the current status but I do know that some place in the last year they were talking about revamping their drug treatment system and dropping the jail time. Like I say I am not up on where they are with that.

I am not a Thai Basher or naive. I do not expect it to happen over night. Also there is only at the present 3 states out of 50 and they all have stringent controls on the distribution. To the best of my knowledge the only country where it was a tourist draw was the Netherlands and it is my understanding they have tightened laws up a little bit there along with a lax enforcement of them. LOL sound familiar.

Strict distribution? How does that work in a country with high corruption? The lottery distribution comes to mind.

[Godders]

Should follow Indonesia, Malaysia and Singapore.

Then less jail space needed.

Yeah, and top alcohol addicts, too, as they cause far more grief. Welcome (again) to the logic of the loony bin, courtesy of Thai Visa.

[gandalf12]

I have to say I love a lot of these comments. I get the impression many of the people posting regularly take drugs (and before you say it I do not mean cigs or drink).

Thailand should have an island reserved for all the crack heads out there. Put them there and let them get on with it

[gandalf12]

Alternative solution guys. Anyone you find with drugs make them take the lot in one go. If they get over it then send them home. If they dont who cares

[trogers]

In the few countries that all drugs have been legalised, the crime rate dropped more than half. The prisons emptied. In fact drug addiction goes down. With accessible treatment centers, people choose to stop taking drugs all by themselves. After they get through their addiction,former addicts are know to be hard workers and dedicated family carers. The drug war has been failing for years. Time to try something different.

When rape, killing and robbery/theft are legalised, crime rates would fall by more than 80% too.

[ChrisY1]

Kratom was criminalised because it helped bring people off opium or was a cheaper alternative...the drug barons didn't like losing customers.

The prohibition is severely outdated and also shows just how high up the drug kingpins are.

Agree with you....I also question the austhenticity of major drug busts that keep happening, which IMO, are often fake and purely for PR purposes.

[ezzra]

This country is awash with drugs, tons of it is moving around at any given moment... if they will lower

the penalty for small time dealers, than instead of every second person buying/selling/using it

in Thailand, there will be a lot more people doing it as the lure of quick profits...

so what is the answer?

[BlackJack]

Speed or amphetamines are far more destructive than heroin (any opiates)

speed should remain in a class of its own

Hemp products should all be exempt as they are the most versatile and effective products. Easy to grow and the largest cash crop in the World.

[MILT]

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In the few countries that all drugs have been legalised, the crime rate dropped more than half. The prisons emptied. In fact drug addiction goes down. With accessible treatment centers, people choose to stop taking drugs all by themselves. After they get through their addiction,former addicts are know to be hard workers and dedicated family carers. The drug war has been failing for years. Time to try something different.

When rape, killing and robbery/theft are legalised, crime rates would fall by more than 80% too.

Really?