Latest Posts
Search for:
Category

Thailand

Category

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…

Draft Ministerial Regulation: Approval for Manufacture, Import, Export, Sale, or Possession of Cannabis Approved by Cabinet

Thailand’s legalization of cannabis for medical purposes continues to move forward. On 28 May 2019, the Thai Cabinet approved the draft Ministerial Regulation regarding Approval for the Manufacture, Import, Export, Sale, or Possession of Cannabis proposed by the Ministry of Public Health. Some of the key elements of the draft are: Definitions of the terms “Cannabis”; “Licensee”; and “Government agencies”.Categorization of seven types of objectives related to the manufacture, import, or export of cannabis: administration of cannabis for medical use domestically;education, analysis, and research for medical, scientific, or pharmacological purposes;prevention of offenses and for international co-operation;export manufacturing and export of cannabis;manufacturing for specific-patient use by the Thai traditional medical profession;necessary treatment for specific patients;for patients traveling across borders who bring cannabis into or out of the country for personal treatment within 90 days.Specification of qualifications of applicants to manufacture, import, export, sell or possess cannabis.Requirements for planting cannabis only in the areas prescribed in the license; for the use of seeds,…

Cannabis in Cosmetics — High Alert in ASEAN

There is an increasing global trend towards legalizing the use of cannabis, albeit to differing extents. Canada and Uruguay have fully legalized cannabis, while New Zealand has legalized cannabis for medical use only—although a referendum will be held in 2020 on recreational marijuana use. This trend is emerging even amongst Asian countries, which generally impose tough laws on drug use. Thailand is the first country in Southeast Asia to legalize the use of cannabis for medical purposes, with Malaysia and the Philippines considering similar legislative changes. Nonetheless, the fact remains that many Asian countries remain steadfast in their stance against drugs. Generally, even trace amounts of controlled drugs are sufficient to trigger the operation of anti-drug laws, which attract severe penalties. Singapore, known for its zero-tolerance stance against drug use, classifies cannabis, cannabis resin, and its derivatives as Class A controlled drugs. Under Singapore’s Misuse of Drugs Act, the penalties for trafficking, manufacturing, importing, exporting, and possessing controlled drugs include a…

Thailand Legalizes Cannabis for Medical Use and Research

Across the world, countries are revisiting their laws on the use of cannabis. For some countries, such as Canada and Uruguay, the legalization of the use of cannabis extends to non-medical purposes, including recreational use. For a number of other countries, such legalization has been limited to medical use only. The move to legalize cannabis for non-medical purposes is a direction being debated in light of the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, which places obligations upon State Parties to limit the production, manufacture, export, import, distribution, trade, use and possession of drugs exclusively to medical and scientific purposes. Amidst these developments, Thailand has become the first nation in Southeast Asia to allow the use of cannabis for medical use and research with the amendment to the Narcotics Act, legalizing licensed possession of cannabis for medical purposes, as of 19 February 2019. The amended Narcotics Act now allows certain types of entities and organizations to…