In Thailand, cannabis is called ‘Ganja’, hemp is called ‘Ganchong’. From 9th June 2022, Thai law raises the possibilities to commerce cannabis and hemp, becoming more commercial value.

Ganja Law History in Brief

In Thailand, the first law which set forth the rules about cannabis was the Ganja Act B.E. 2477 (1934) which prohibits anyone from planting, importing, buying, selling or possessing, in 1979 the Narcotics Drug Act B.E. 2522 was enacted and cannabis has been classified as narcotics drug in category 5 since then. Latest law is the Narcotics Drug Code B.E. 2564.

Recent years, Thai people have called out for the rights of use of cannabis for medical purposes, some have called for recreational use.

After medical research continually. Since 2019 cannabis and hemp slowly became legalized and used for Patient Treatments according to evidence-based medicine.1 The Ministry of Public Health of Thailand (MOPH) has proven that symptoms or diseases that have been treated are effective, as follows.

  1. Chemotherapy induced nausea and vomiting
  2. Intractable epilepsy
  3. Spasticity, multiple sclerosis
  4. Neuropathic pain

February 9, 2022, the MOPH announced the announcement in the government gazette RE: Specific the names of narcotics in category 5 B.E.2565 (2022) which comes into force on 9 June 2022.The announcement effect on the status of the cannabis as below;

Cannabis and Hemp Extracts

1- Containing tetrahydrocannabinol (THC) MORE THAN 0.2% whether it is planted in Thailand or oversea is classified as a narcotic drug.

2- Containing THC NOT MORE THAN 0.2% which the extract is permitted from the cannabis which is planted in Thailand is NOT classified as a narcotic drug.

3- Any extract from the seeds of the cannabis or hemp which is planted in Thailand is not classified as a drug.

4- All parts of cannabis and hemp plants have been removed from the list!

From June 9, 2022, people are allowed to plant Ganja and Ganchong in their households without permission but not allowed to extract without permission. However, planting them must be reported to The Food and Drug Administration (FDA) through the application called “Plookganja” which means cannabis planting in Thai.

You can Download Apps Plookganja for IOS and Android, the App requires 13 digits of Thai ID card.

Commercial Possibility

Importation

The importation of cannabis seeds, hemp, other parts such as inflorescences, leaves, branches, stalks do not require an import permit under the Narcotic Drug Code. But must be permitted to import under the Plant Varieties Act B.E. 2518 and Plant Quarantine Act B.E. 2507

An extract imported from abroad classified as a narcotic must be licensed under the narcotics Law.

Product

Any parts of cannabis and hemp being used to make any products requires permission and operate according to the quality standards of each product such as, food must comply with the FDA. Medicines must comply with the Drug Act. And cosmetics must comply with the Cosmetics Act.

Recreation Use Such As Smoke

“Smoke” or use recreationally is questionable. Now, the cannabis and hemp Act, B.E….and  Draft Notification of the Ministry of Public Health Re: Prescribing the smell and smoke of cannabis, hemp or any other similar plant as a nuisance B.E…..are bringing in legislation.

Conclusion

In Thailand, from June 9, 2022. cannabis and hemp will become opportunities for commercial weather, medical or recreation. The law raises the commercial value of these plants, it is a good chance for business startup and business expansion into Thailand. If you are in need of a business and commercial lawyer in Thailand. We Can Help

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  1. Guidance on Cannabis for Medical Use (1/2562 Edition), Department of Medical Services, Ministry of Public Health of Thailand
  2.  Announcement of Ministry of Public Health of Thailand Re: Specifying the names of the narcotic in category 5, B.E. 2565, Section 1