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Introducing Baker McKenzie’s Global Cannabis Dashboard: The Regulatory Landscape Across 112 Markets

We are extremely pleased to announce the launch of our Global Medical Cannabis Dashboard, a new interactive tool covering cannabis regulatory regimes in 112 countries (and counting) across the world. We reached out to our global network of healthcare regulatory specialist lawyers across 39 Baker McKenzie offices and 70+ of our correspondent firms and asked them to share their knowledge on this subject. Our resulting dashboard is unique in its scope and stretch and we invite you to explore it yourself. Our dashboard covers the overall feasibility of marketing medical cannabis, permissibility of medical cannabis in its raw form and in pharmaceuticals, clinical trials, export/import, recreational use, hemp definitions, and private sector involvement for each jurisdiction. This tool enables users to see overviews of cannabis regulations globally in the form of interactive heat and geographical maps, with the option to select specific regions, countries, or specific responses, to quickly and easily spot local and global trends. For the purposes of our…

Implementing Thai Regulations on Cannabis and Hemp in Food Products

Towards the end of July 2021, Thailand’s Ministry of Public Health (MOPH) issued a notification under the Food Act regarding food products which contain cannabis or hemp parts as a publication in the country’s Government Gazette. The notification, among other things, sets forth the classification of food products containing cannabis or hemp parts (“Food Products”) and the related requirements with respect to food quality, standards and labeling requirements.The key elements of this notification are as follows: The Food Products shall be classified as specially controlled foods under the Food Act.The Food Products shall adhere to the standards regarding THC content, CBD content, toxins and contaminants as prescribed in the related MOPH notifications and specific regulations applicable to each Food Product.Cannabis or hemp parts to be used in the Food Products must be legally sourced and their manufacturing, use of food additives and packaging must be in accordance with the MOPH notifications.The display of labels, health claims and nutrient content claims shall…

Draft Kratom Act Approved by the Thai Cabinet

On October 12, 2020, the Thai Cabinet approved in principle the draft “Kratom Act.” By way of background, kratom is an herbal extract that comes from a tropical tree that has stimulant qualities if used in high doses. It was previously controlled under the Thai Narcotics Act because of its addictive effects. However, following recent developments in the liberalization of cannabis and hemp in Thailand, the Thai government has also been considering liberalization of the rules regarding kratom. On March 10, 2020, the Cabinet approved in principle a draft amendment to the Narcotics Act, which was proposed by the Office of the Narcotics Control Board (ONCB) and which would remove kratom (Mitragyna speciosa (Korth.) Havil.) from the list of category V narcotics under the Narcotics Act. However, due to its properties and addictive effects, the Council of State (a government organization which performs consultative functions including drafting laws, by-laws, rules and regulations) is of the view that there should be a…

Draft of Further Amendment to the Thai Narcotics Act regarding Medical Cannabis

After the previous amendment to the Thai Narcotics Act came into force in February 2019, allowing the use of cannabis for medical purposes, the regulatory authority noted that there was room for improvement regarding the licensing process and the limited access for patients to medical cannabis. In order to facilitate patient access to medical cannabis, the Thai Food and Drug Administration held a public hearing on a draft amendment to the Narcotics Act. The public hearing ended in June 2020. The key elements of the draft amendment are: Licensed patients who have been approved by a medical practitioner or a Thai traditional medicine practitioner under the relevant laws, will be able to manufacture cannabis for medical purposes in compliance with the rules, procedures, and conditions set by the Minister of Public Health with the approval of the Narcotics Control Board.Agricultural business operators will be able to participate in the manufacturing and development of herbal or traditional drugs in collaboration with manufacturers…

Thailand’s Ministerial Regulation Concerning the Production, Distribution or Possession of Hemp Approved by the Cabinet

By way of background, “hemp,” as regulated under the Narcotics Act, is currently defined as having tetrahydrocannabinol (THC) in leaves and flowers not exceeding 1% per dry weight. Certified hemp seeds are seeds of hemp that has THC in leaves and flowers not exceeding 1% per dry weight. On 28 January 2020 the Cabinet approved the principles of the draft Ministerial Regulation re: Licensing and Approval for the Production, Distribution or Possession of Narcotics Category V Hemp (the “Ministerial Regulation”) as proposed by the Ministry of Public Health, which is intended to apply to hemp (as defined above), revoking the Production, Distribution or Possession of Narcotics Category V Hemp B.E. 2559 (2016). The draft Ministerial Regulation was sent to the Office of the Council of State to process further. The key amendments and provisions under the new draft Ministerial Regulation are as follows: Allowing the production, distribution, or possession and the importation and exportation of hemp also for governmental purposes, such…

Liberalization of Medical Cannabis in Thailand: What next?

Although it may appear that the progress of cannabis liberalization may not seem to move as fast as most investors expect, from the experience of seeing the changes or drafting of the new laws which give significant impact to the industry or the public, we can say that the progress we have seen so far as from the time when this government came on board on 10 July 2019 has been quite impressive. Cannabis and hemp of certain qualities and specifications are now allowed under the laws for use for medical purposes, even though their cultivation and manufacture are still limited domestically. Although recreational use has not been on the agenda and there has been very little talk about this so far, the uses of cannabis and hemp beyond only medical purposes are now on the table. In particular, when the current laws are amended accordingly, they will accommodate the use of hemp in food and cosmetics. The latest development of…

Thailand’s Cannabis Legalization – Myths vs Reality

The term cannabis has been in the spotlight recently not only in Thailand but also around the world as there have been many recent developments regarding medical and recreational cannabis that are worth noting and have spurred investments in many parts of the world, notably North America and some parts of Europe. For Thailand, with the recent legalization of medical cannabis, the topic is still a new one as regulations are still shaping up. However, it cannot be denied that investment opportunities come with such development, either in the short or long run, and this is where we must try to understand the full extent of what is possible now under both international and domestic laws and what to look out for, as well as to learn practical issues from other countries with more established regulatory environments and investments in these areas. Thailand, which is moving with caution, can learn from other countries’ experiences how best to go forward. Amidst these…

Recreational cannabis gets the yellow light in Australia’s capital

Cannabis was high on Australia’s regulatory agenda in September, with two significant developments. In our last post we discussed the tabling of Professor John McMillan AO’s Final Report in Parliament on 5 September 2019, which recommended extensive amendments to the regime for cultivation, production and manufacture of medicinal cannabis in Australia. In this post we discuss the move to legalise the personal possession and use of small amounts of cannabis in the Australian Capital Territory (ACT). On 25 September 2019, the ACT Legislative Assembly voted to legalise the personal possession and cultivation of cannabis under the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018 (ACT) (Bill). The changes will allow adults to possess up to 50 grams of dry cannabis (or 150 grams of fresh or ‘wet’ cannabis) per person, grow two plants per person, and grow up to four plants at any one household. The amendments have been approved in principle and will come into effect on 31 January…

Reforms underway for Medicinal Cannabis in Australia

Executive summary Professor John McMillan AO’s Final Report of the review of Australia’s medicinal cannabis framework under the Narcotic Drugs Act 1967 (Cth) (ND Act) was tabled in Parliament on 5 September 2019, ahead of the 29 October 2019 target date. A link to the Final Report is here. The review was conducted on the extensive amendments made to the ND Act in 2016, which established a regime for the cultivation, production and manufacture of medicinal cannabis in Australia. The Final Report contains 26 recommendations to improve the efficiency and effectiveness of the regulatory regime including: a new single licensing regime for the cultivation, production and manufacture of medicinal cannabis to minimise the regulatory burden on the industry (recommending extensive amendments to the ND Act and the Narcotic Drugs Regulation 2016 (Cth) (ND Regulations)); removing constraints on the permitted uses of medicinal cannabis products;movement away from the Office of Drug Control’s (ODC’s) focus on risk minimisation to develop a more commercial…

Australian Government Reviews Regulatory Framework for Medicinal Cannabis Cultivation, Production and Manufacture

Executive summary In October 2016, a regulatory framework was established for the cultivation and production of cannabis plants in Australia under the Narcotic Drugs Act 1967 (Cth) (ND Act), with the objective to enable the sustainable and safe supply of medicinal cannabis products. The regime is currently under review by the Commonwealth Office of Drug Control (ODC), with a final report expected to be released on 29 October 2019. In advance of this final report, set out below is the current framework for medicinal cannabis in Australia, which broadly falls under the following three categories: cultivation, production and manufacture; access and supply; and import and export. We will keep you updated in respect of any developments. General prohibition and exceptions The Criminal Code 1995 (Cth) prohibits the trafficking, importation, export, manufacture, cultivation or possession of cannabis in any form in Australia, unless justified or excused under another law. There are three Commonwealth laws in Australia that authorise cannabis-related activities: the ND…