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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…

USDA Issues Final Rule for Hemp Production

The U.S. Department of Agriculture (“USDA”) released on January 15, 2021, a final rule package designed to serve as the framework for a U.S. hemp industry that gained federal legal status a little more than two years ago. The 301-page package delivers some changes from an October 2019 interim final rule that provided initial guidelines to implement the 2018 Agriculture Improvement Act (known colloquially as the “2018 Farm Bill”). The 2018 law removed hemp from the Controlled Substances Act and set a legal definition for hemp as 0.3 delta-9-tetrahydrocannabinol (“THC”) on a dry weight basis. The final rule package, which takes effect March 22, 2021, provides steps for the USDA to review and approve plans submitted by state, territorial and tribal governments for regulating hemp production. The rule also lays out how the USDA will regulate farmers in states or tribal lands that have not outlawed hemp but also have not submitted plans. The finished regulations come after 5,900 public comments…

This article may also be found at https://www.law360.com/articles/1333792/2020-election-may-mark-a-turning-point-for-marijuana-law.

2020 Election May Mark A Turning Point For Marijuana Law

This article was originally published by Law360 on December 2, 2020. “You have a row of dominoes set up, you knock over the first one, and what will happen to the last one is the certainty that it will go over very quickly.” —Dwight D. Eisenhower What did this election do for the marijuana industry? A lot. Four states — three traditionally red — voted to legalize recreational marijuana while a fifth, one of the reddest, voted to legalize medicinal marijuana. These reforms will likely create a domino effect, leading other states to reform their laws and will likely also force change at the federal level. In short, the elections could mark a turning point for marijuana law and policy throughout the United States. What the States Did Three traditionally red states, Arizona, Montana and South Dakota — plus New Jersey — voted to legalize recreational marijuana, while Mississippi voted to legalize medical marijuana. In Arizona, marijuana reform received approximately 300,000…

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…

Podcast – Episode 4 – Legalization as a strategy to combat drug cartels?

Adam Schleifer is a candidate for Congress in New York’s 17th congressional district. He previously worked as an Assistant U.S. Attorney in Los Angeles where he prosecuted violent drug cartels. In this podcast, he talks about why he believes that federal legalization of marijuana would be an effective means of combating drug cartels. Please join us for a fascinating discussion. Global Cannabis Compliance Podcast · Episode 4 – Legalization as a strategy to combat drug cartels?

COVID and Marijuana Legalization: Lessons of History

The Great Depression and the need for tax revenue to fund the New Deal ended prohibition in 1933.[1] The economic fallout from the COVID crisis, according to some experts, could result in a “New New Deal,” and Senator Ed Markey (D-MA) recently said that 2021 would, like 1933, have an “FDR moment.”[2] Just as the first “FDR moment” included the (re) legalization of alcohol, there are indications that the next may include the legalization of marijuana. The COVID crisis has again highlighted fundamental tensions in marijuana law and policy in the United States. Several states have declared marijuana businesses “essential” and therefore exempt from mandatory shutdown orders. But at the same time, marijuana businesses are ineligible for CARES Act relief because of a Small Business Administration policy which prohibits assistance to all marijuana businesses, because they operate in violation of federal law. This apparent incongruity has sparked renewed Congressional interest in marijuana reform. On April 17, a bipartisan group of 34…

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…

Podcast Series – Episode 2 – On Federalism and Drug Law

Robert Mikos is one of the nation’s leading experts on federalism and drug law. His most recent scholarship analyzes the struggle among federal, state, and local governments for control of marijuana law and policy, which includes a first-of-its-kind casebook, Marijuana Law, Policy, and Authority. In this podcast, he discusses the intersection of federal and state cannabis law, the prospects for federal reform, the SAFE Banking Act and other hot topics in the field. Global Cannabis Compliance Podcast · Episode 2 – On Federalism and Drug Law