Cannabis in Thailand



In Thailand, cannabis, known by the name Ganja (กัญชา; ) has recently had new laws passed through. Cannabis that has less than 0.2% THC, referred to as industrial hemp in USA, was legalised on 9 June 2022. Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner. Recreational cannabis is still illegal according to Thai law.

Possession, cultivation, distribution, consumption, and sales of all cannabis plant parts are legal, as long as it is operated under the two laws. Cannabis extracts and cannabis products (including edibles, food supplements, cosmetics, etc.) containing more than 0.2% THC by dry weight are still categorised as a Category 5 narcotic.

Import and export of cannabis are still highly regulated.

Sales of cannabis plant parts, products, and edibles are prohibited to minors (under 20-years-old), pregnant women, and breastfeeding women. Cannabis smoke is considered a public nuisance and thus prohibited in public areas.

On 8 May 2022, Thailand's health minister Anutin Charnvirakul announced in a Facebook post that the government will distribute one million free cannabis plants to households across the country, starting on the 9 June. The move is said to be a step further into Thailand's plan to use cannabis as a cash crop.

History
Cannabis appears to have been introduced to Thailand from India, with the similarity of the Thai name to the Indian term ganja cited as evidence. Cannabis has historically been used in Southeast Asia as an ingredient, a kitchen condiment, a medicine, and a source of fiber. Laborers were known to use it as a muscle relaxer. It was reportedly used to ease women's labor pains.

Laws


The possession, cultivation, sale, and use of cannabis were criminalised by the Cannabis Act 2477 BE (1935) and again by the Narcotics Act 2522 BE (1979).

In 2018, Thailand became the first Asian nation to legalize medical cannabis.

Although medicinal cannabis was decriminalised, consumption, in particular smoking or vaping in public places is still subject to punishment under the Public Health Act 2535 BE (1992) as a public nuisance infraction and can lead to a 25,000 Baht fine.

Cannabis dispensaries were available as early as April 2022.

On 9 June 2022, cannabis extracts containing less than 0.2% THC, referred to as industrial hemp, were decriminalised.

Medicinal cannabis, with no THC restrictions, was made legal in 2018 but required patients to obtain a prescription from a medical practitioner.

Recreational cannabis, often referred to as marijuana, is still illegal according to Thai law. Cannabis extracts and cannabis products (including edibles, food supplements, cosmetics, etc.) containing more than 0.2% THC by dry weight are still categorised as a Category 5 narcotic.

Around 4,200 prisoners were released as a result of the decriminalisation on the same day.

Age
The minimum age to buy, possess and use cannabis in Thailand is 20-years-old.

Consumption
Cannabis smoking is legal for personal use in private areas but prohibited in public areas by the Public Health Act 2535 BE (1992) with the fine being up to 25,000 Baht (~US$700) and or imprisonment for up to 3 months.

Cannabis is illegal for possession and use by those who are pregnant and/or breastfeeding, with an exception being granted if they can prove they have the permission of a doctor.

Medicinal cannabis
Medical cannabis products, including oils and tinctures, with over 0.2% THC requires a prescription for use. This includes consumption by smoking or vaping.

Recreational cannabis
Recreational cannabis, often referred to as 'recreational marijuana' or 'marijuana', has become legal under Thai Law.

Industrial Hemp
Cannabis or hemp extracts containing less than 0.2% THC is allowed without any restrictions. The most common CBD products are oils, tinctures, gummies, lotions and balms.

Cannabis extracts
Cannabis extracts, including Hash are still considered a Category 5 narcotic as long as they contain over 0.2% THC. On 9 February 2024 it was announced in the Royal Gazette that the possession of more than 30 grams or 30 milliliters is considered as an intent to distribute.

Cultivation
In order to cultivate cannabis, individuals must register with the country's Food and Drug Administration. There are currently no restrictions on how many plants each individual can cultivate. The specific law regulating cannabis is still pending in Thai parliament as of 2023. However, the government urges people to register their cannabis plantation on the website or the application "Plookganja" (meaning "Let's grow cannabis") in case that the future cannabis law may require the license.

Supply
Thai law essentially excludes all foreign companies as well as foreign majority companies incorporated in Thailand from producing, selling, importing, exporting, and processing cannabis. The move has been viewed as an effort to protect local companies from the onslaught of highly resourceful and modern technology equipped foreign actors, however "imported" strains are widely available and dominated the market.

Distribution
Thailand's first two full-time clinics dispensing cannabis oil for medical treatment were inaugurated in January 2020. The move is in line with the government's intentions to promote licensed use of medical marijuana to address various health conditions. These two clinics are an addition to 25 part-time clinics that are operating since the legalisation of the drug under the new legislation. If this experience produces promising results, the government is all set to open two more clinics as a part of a planned nationwide network of marijuana clinics. The people who were using illegal expensive medical marijuana from underground suppliers are most likely to benefit from it. In addition, the FDA has approved all hospitals of the Public Health Ministry to prescribe medical cannabis to people with approved medical conditions. As of 2023, Thailand has over 6,400 approved cannabis dispensaries, reflecting a significant expansion of access to medical cannabis in the country. This expansion is part of Thailand's broader strategy to integrate cannabis into healthcare and leverage its potential economic benefits. To legally operate a cannabis dispensary in Thailand, businesses must obtain relevant licenses, including a Cannabis distribution license from the FDA for selling cannabis flowers or leaves. The establishment of a Thai Limited Company with the majority of shares owned by Thai nationals is also required.

Current situation
In Thailand, the government is taking measures to tighten regulations around the country's emerging cannabis industry, particularly to limit its recreational use. This action includes the submission of a revised cannabis bill to the Cabinet, proposed for December 2023. This bill aims to address loopholes in marijuana usage, establish new guidelines for cultivation, and introduce criminal penalties. This move follows Prime Minister Srettha Thavisin's commitment to restrict cannabis use primarily for medical purposes, a response to the rapid opening of numerous cannabis shops across Thailand following its decriminalization, making it the first Asian nation to do so. The cannabis sector could be worth up to $1.2 billion by next year, according to the estimate by the University of the Thai Chamber of Commerce.