• If instead you are looking for a condensed summary of key points of the law, that can be found here: https://www.agriculturalganja.com/summary-of-new-draft-legislation-on-cannabis-june-2024

Mr. Anutin Charnvirakul, Member of the House of Representatives Bhumjaithai Party and the group of proponents (the chairman decides on a draft bill regarding finance record the principles and reasons assembling the draft Royal Act on Marijuana and Hemp,
B.E……………………………….

Principle

Let there be a law on marijuana and hemp.

reason

The Narcotics Code does not define marijuana as a narcotic. This opens up opportunities for
the use of marijuana and hemp for medical use, research, and other industrial uses. But there is still a limited amount of shopping.

Factors that affect the opportunity for use in health care, prevention, disease treatment, and patient treatment. Research studies or innovation development, so that people have the right to take care of their health. and promote the use of marijuana and hemp for maximum benefit Both in the development of wisdom in traditional Thai medicine as well as knowledge in modern traditional medicine. and other industries should therefore support the use of marijuana and hemp in research studies, medical benefits, health, community lifestyle use. As well as providing an opportunity for the production, importation, export or possession to promote agriculture, industry and the national economy and to protect consumers from improper consumption of marijuana and hemp, which may be dangerous to consumers. It is appropriate to establish regulatory measures to control the advertising and consumption of marijuana and hemp in order to protect the health of individuals. Therefore, it is necessary to enact this Royal Act.

2 figures

Royal Marijuana and
Hemp Act
B.E………….

Whereas it is expedient to have a law on marijuana and hemp

This Act has certain provisions regarding the restriction of rights and freedoms of individuals, which Section 26 together with Section 28, Section 33, Section 34, Section 33! Section 38 and Section 40 of the Constitution of the Kingdom of Thailand Provided that this can be done by virtue of the provisions of the law.

The reason and necessity for the restriction of rights and freedoms of persons under this Act is to establish measures to regulate the production, importation, exportation, or possession of marijuana or hemp for benefit the economy of the people is the most naughty. and to protect the health of persons over twenty years of age and other at-risk groups. from the consumption of marijuana and hemp. The enactment of this Act is consistent with the conditions provided in Section 26 of the Constitution of the Kingdom of Thailand.

Section 1 This Act is called “Cannabis and Hemp Act B.E.”

Section 2. This Act 1 shall come into force from the day following the date of its publication in the Royal Gazette.

Section 3 Marijuana and hemp that have been processed in accordance with this Royal Act is not considered a drug according to the law on narcotics or the Narcotics Code, Section 4 of this Royal Act

“Cannabis” means plants in the genus “Cannabis” and various objects or substances contained in the cannabis plant, such as rubber oil

“Hemp” means plants in the genus “Cannabis” and various objects or substances contained in hemp plants such as rubber, baman, and tetrahydrocannabidiol, THC not exceeding the amount as specified. The committee determines by announcement in the Royal Gazette.

“Extract” means a substance obtained from the process of extracting every part of cannabis or hemp. “Production” means cultivating, growing, making, mixing, preparing, transforming, transforming, synthesizing scientifically. and shall include packing or combining packing for sale. No. 1 includes simple processing.

“Sell” means to distribute, dispense, distribute or exchange for commercial purposes.
Or give! with a return or other benefit. and shall include possession for sale. “Export” means to bring or export to the Kingdom. “Import” means to bring or order into the Kingdom.

“Consume” means to eat, chew, drink, suck, or introduce into the body by any means or in any form

“Licensor” means the Secretary-General of the Food and Drug Administration. or assistant secretary Food and Drug Administration assigned for permission to produce and importing or exporting, selling, or advertising cannabis or hemp.

“Registrar” means

(1) Governor of Bangkok or the person assigned by the Governor of Bangkok for
registering the use of marijuana Household hemp in Bangkok

(2) By the Provincial Administrative Organization or a person assigned by the Provincial Administrative Organization President For notification to take advantage of marijuana Household hemp Regional leaf

“The use of marijuana “Household hemp” means the cultivation and cultivation for
personal consumption in order to maintain the health of oneself and the family living in the same residence, but not exceeding the amount specified in the ministerial regulations.

“Permission consideration process” means consideration of requests. Checking the correctness
of documents, evaluating academic documents Analysis Inspection of production sites, imports, exports, or inspections to issue a license or notification receipt as well as any considerations regarding cannabis, hemp

“ Advertisement” means an act by any means that causes the public to hear, receive or know
the message for commercial benefit.

“Licensee” means a person who has received a license under the Act. And in the case of a juristic person. Licensee shall include a representative of the juristic person or a person authorized to act on behalf of the juristic person.

Who is the person who has received the license?

“Notifier” means a person who receives a notification receipt for the use of marijuana. Household hemp According to the Act

“Officer” means a person appointed by the Minister to carry out the duties under the Act.

“Committee” means the Cannabis and Hemp Committee.

“Minister” means the Minister in charge of enforcing the Beverage Act.

Section 4: The Minister of Public Health shall oversee the implementation of the Crying Act and shall have the power to appoint officials. and issue ministerial regulations specifying various fees for I officials to provide services, including setting fee rates not exceeding the rates listed in the appendix of the Act. Reduce or waive fees and determine other business Including issuing announcements to comply with the Act.

Ministerial regulations and announcements Once the Royal Gazette has been published, it will come into force.

Chapter 1
General provisions

Section 6 The Minister with the approval of the committee Has the power to make announcements regarding marijuana and hemp as follows:

(1) Duties of licensees and registrars in accordance with the Act.
(2) Criteria, methods, and conditions regarding advertising.
(3) Criteria, methods and conditions in the granting consideration process. Including the highest expense rate and expenses to be collected from the applicant
(4) Criteria, methods and conditions for registration. Highest account registration rate and accounting fees that will Store from experts expert organization government agencies or private organizations both within the country and abroad
(5) issue announcements under section 16

(6) Criteria, methods and conditions, including any other matters related to cannabis. Cannabis according to Royal Act

B

Section 7. Production of herbal products, medicines, food, cosmetics, medical devices,
hazardous substances for household and public health use using marijuana. Hemp is a raw material or ingredient in finished products of the manufacturer in accordance with the law regarding the production of without having to proceed in accordance with this Royal Ordinance

Section 2

Cannabis Committee

Section 8. The committee of the Beech Committee shall be called the “Cannabis Committee. Hemp” consists of Permanent Secretary of the Ministry of Public Health being the chairman of the board Permanent Secretary of the Ministry of Agriculture and Cooperatives Secretary-General of the Royal Council, Commander-in-Chief of the National Police Director General of the Department of Local Administration Director General of the Department of Medical Services Director General of the Department of Thai Traditional and Alternative Medicine Director General of the Department of Medical Sciences Director General of the Customs Department Director General of the Department of Health Services Director General of the Department of Mental Health Director General of the Department of Health Director General of the Department of Industrial Promotion Secretary-General of the Narcotics Control Board, President of the Medical Council, President of the Thai Traditional Medical Council and President of the Pharmacy Council and qualified members appointed by the Minister, numbering not more than seven of which this number shall be appointed from. There are no less than three people in the main section.

The Secretary-General of the Food and Drug Administration shall be a member and secretary. and give the secretary. The Food and Drug Administration appoints civil servants in the Food and Drug Administration Office. The number is not more than two.

Assistant Secretary

Section 9. Qualified committee members have a term of office of three years. When the said term expires, if a new qualified committee member has not yet been appointed. Directors who retire from office upon expiration of their term remain in position to continue operations until the newly appointed directors take over their duties. Qualified directors who retire from office upon completion of term May be reappointed, but may not hold office for more than two consecutive terms.

Section 10 states that upon retirement from office upon the expiration of the term under Section 9, qualified committee members vacate office position when

(1) death
(2) resign
(3) Removal by the Minister Because of failure or dishonesty in performing duties or bad behavior or dereliction of duties.
(4) is a bankrupt person or has been dishonest
(5) being an incompetent person or a quasi-incompetent person
(6) received a sentence of imprisonment by a final judgment of imprisonment; Except it is a punishment for an offense committed through negligence or a petty offense.
(7) has had his/her license to practice the medical arts suspended or revoked; License to practice medicine or another professional license

Section 11. In the case where many qualified committee members leave their positions before the end of their term, appoint another person to fill the position, unless the term of the qualified committee member is less than ninety days remaining. You may not appoint a qualified committee member to fill the position, and the person appointed to fill the vacant position will hold the position for the remaining term of the committee member. Qualified committee members who have already been appointed

Meanwhile, an expert committee member has not yet been appointed to fill the vacant position. to the committee consisting of the remaining directors.

Section 12. Meetings of the committee. There must be a committee member present at the meeting. Not less than a majority total number of directors Therefore there will be a quorum.

In the committee meeting If the chairman of the board does not attend the meeting or is unable to perform his duties, the meeting elected a member of the committee to chair the meeting.

The lack of judgment in the meeting should be held in high regard. The committee members give their votes in casting their votes. If the votes are equal to the chairman of the meeting shall have one more vote. It’s a cowardly sound.

Section 13. The Committee has the power to appoint a sub-committee to consider or take action.
in any way as assigned by the committee.

At the meeting of the sub-committee, the provisions of section 12 paragraph one, paragraph two and paragraph three shall apply mutatis mutandis.

Section 14 The committee has the following duties and powers:
(1) Set policies and measures to promote, research, and develop the use of marijuana and hemp in the fields of medicine, industry, and other uses.
(2) give opinions, advice or recommendations to the Minister; or the person granting the license to operate according to this Royal Act
(3) Submit recommendations to the Minister for issuing ministerial regulations for the implementation of this Act.
(4) Announcement of the substance tetrahydrocabinabinol (THC) in
cannabis according to section 4.
(5) Follow up and evaluate the implementation of the policy according to (1).
(6) Performing any other operations as prescribed by law to be the duties and powers of the committee or as specified by
Minister assigned

For the purpose of regulating the operations according to the duties and powers of the committee. The committee may have Resolution to invite heads of government agencies with direct duties and authority regarding matters to be considered. or the maker has knowledge, expertise or experience related to marijuana, hemp, or other things that are beneficial. Participate in meetings from time to time and receive a directorship certificate as well. In this case the person who is invited and comes to the meeting shall have the status of a committee member under paragraph one for the first meeting at which he or she is invited.

Announcement according to paragraph one:
Once announced in the Royal Gazette, it shall come into force.

Section 3
Requesting permission and permission

Section 14 Whoever wishes to produce, import, export or sell must obtain a license from the licensor. Each import or export according to paragraph one a license is required every time you import or export from the licensor as well.

Requesting permission, qualifications of the person requesting permission licensing Issuing licenses, renewing licenses editing items in the license according to paragraph one and paragraph two and the duties of the licensee shall be in accordance with the criteria, methods, and conditions specified in the ministerial regulations.

The licensee under paragraph one or paragraph two: Anyone who operates a business after the license has expired it is considered that such person is operating a business without permission. unless an application for license renewal is submitted within thirty days from the date of license expiration by showing reasons for not being able to submit a license renewal application within the specified period and the grantor considers appropriate to renew the license.

Section 16 The provisions of section 14 do not apply to the sale of cannabis, hemp, extracts or
residues from extraction. As announced by the Minister with the opinion of the Committee,
Section 17 stipulates that the license shall last as follows:

(1) A planting license is valid for 3 years from the date of permission.

(2) A production (extraction) license is valid for 3 years from the date the license is granted.

(3) Import-export licenses are valid for 3 years from the date the license is granted.

(4) A sales license is valid for 3 years from the date the license is granted.
Section 4

Notification and receipt of notification of marijuana use Household hemp

Section 18. Anyone who wishes to cultivate or grow marijuana for the benefit of Household hemp must be registered with the registrar and only after official notification of receipt has been made.

Requesting qualifications of the person requesting notification, issuing a notification receipt issuing a replacement for the notification receipt, renewing the notification receipt correcting the details of the notification receipt under paragraph one and the duties of the informant shall be in accordance with the rules, procedures, and conditions specified in the ministerial regulations.

The informant must cultivate and grow marijuana or hemp according to what the informant has notified.

The informer under paragraph one whoever proceeds after the notification receipt has expired is forbidden unless an application is made to renew the notification receipt within thirty days from the date of receipt showing the reasons for not being able to submit an application for renewal of the information receipt within the specified period and that the information receiver ticks that it is appropriate to renew the information receipt.

Section 19. In the case where it appears that the informant violates section 18 paragraph three or paragraph four or does not comply with ministerial regulations or announcements of the Minister under section 6 (1), the informant has the power to order the informant to cease the action oe improve it so that it can be practiced correctly.

Section 20 specifies that the notification receipt is valid for 1 year from the date of receipt of the notification.

Section 5

Permission consideration process

Section 21. Application form for consideration of permission. The following
officials, persons, organizations, or agencies shall perform the duties of evaluating, inspecting, and considering granting permission:
(1) Officials assigned by the grantor.
(2) experts, expert organizations government agencies or private organizations, both domestic and
international, that have been listed by the Food and Drug Administration. and has been assigned by the person granting permission to perform such duties

Section 22 for the benefit of the granting consideration process Give the minister an introduction
The committee has the power to announce the following announcements:

(1) Criteria, methods, and conditions for expert registration certificates. Expert organizations, government agencies, or private organizations both nationally and internationally. The announcement must specify the qualifications, standards, and operations of such persons, agencies, or organizations.

(2) Account fees to be collected from experts. expert organization Government agencies or
major organizations, both domestic and international. The collection must not exceed the fee rate at the end of the Act.

(3) Types and expenses that the Food and Drug Administration or government agency has.
Mission according to duties and authority or the agency of the person assigned by the Secretary-General, as the case may be, will collect the information from those submitting applications for permit consideration. The collection must not exceed the fee rate attached to the Crying Act.

Section 23. The fees according to (8) (9) (10) the fee rates attached to the Act that are
collected shall belong to the Food and Drug Administration. or government agencies that have missions according to their duties and
powers, or agencies of those assigned by the Secretary-General, as the case may be, without having to submit it to the treasury as raw income.

Section 24. Receipt of money, keeping of money, payment of money shall be in accordance with the rules, procedures and conditions prescribed by the Minister. By the approval of the Ministry of Finance

Section 6
Suspension of license Revocation of license or notification receipt

Section 24. Any licensee who violates or fails to comply with the Crime Act. or ministerial regulations or announcements issued under the Act to force the licensor to give a warning or the licensor with the approval of the committee ordered the suspension of the license or revoke the license as appropriate to the case, according to the criteria, methods and conditions prescribed by the Minister of Public Health with the approval of the committee.

Ordering suspension of license according to this act or in the case where there is suing a licensee in court that they have committed an offense under the Crime Act, will cause the suspension of the license until the court has adjudicated the final judgement.

Section 26. The person whose license has been suspended may reapply for any license while the license is suspended.

A person whose license has been revoked will not be able to apply for any license or request a notification under the Act again until a period of three years have elapsed from the date the license was revoked. The provisions of paragraph two shall apply mutatis mutandis to directors,
managers, and those responsible for the operations of the juristic person.

Section 27. Any informant who violates or fails to comply with the Crime Act or ministerial regulations or announcements issued under the Act to inform the receiver of warnings, orders to destroy or revoke the notification receipt, as appropriate to the case, in accordance with the rules, procedures and conditions prescribed by the Minister of Public Health with the opinion of the committee announcement.

A person whose information receipt has been revoked cannot request another information receipt or other license under the Crypt Act. Until one year has elapsed from the date the notification receipt was revoked.

Chapter 7
Advertising

Section 28: No person shall advertise unless he or she has received a license from the licensor.

Requesting permission to advertise according to the paragraph licensing and conditions for advertising under the license shall be in accordance with the rules, methods, and conditions prescribed by the Committee by publication in the Royal Gazette. The licensor may also stipulate specific conditions for the advertisement and limit its use in advertising media.

Section 29. In the case where the licensor indicates that an advertisement violates the notification of the committee under section 28, paragraph two, the licensor shall not issue an order to the advertiser to refrain from violating the act by any of the following means: 1) Correct the message or methods of the advertisement. (2) Prohibit the use of certain messages or methods that appear on the advertisement. (3) Suspend advertising. The licensor may also order the advertiser to publish correct information. The advertiser is responsible for all expenses involved in following an order of the licensor.

Section 30 The provisions of Section 28 do not apply to advertisements of cannabis, hemp, extracts or residues from extraction. As specified by the Minister with the opinion of the committee.

Section 8
Officials

Section 31 in order to act in accordance with the Act. Give the officials the following authority

Following, auditing

(1) Enter the production location, place of import, place of export, place of sale, or place of storage of marijuana or hemp during the stated business hours of that place. Or go to inspect vehicles carrying marijuana, hemp, and crush them for inspection or control as necessary according to the Act.

Enter the production location, place of import, place of export, place of sale, or place of storage of marijuana or hemp during the stated business hours of that place. Or go to inspect vehicles carrying marijuana, hemp, and crush them for inspection or control as necessary in accordance with this Royal Ordinance.

(2) Take a reasonable amount of marijuana, hemp, and hemp leaves as samples for inspection or analysis.

(3) In the case where there is reasonable cause to suspect that an offense has been committed under this Act, the certificate may be used to enter any place or vehicle in order to inspect, search, seize or confiscate marijuana, hemp, tools, equipment, including containers, packages, labels, or anything related to marijuana, hemp, where it is suspected or there is reason to believe that will be related to the commission of an offense

(4) Issue a letter calling a person to give a statement or send necessary documents or evidence to support consideration of the official in performing duties under paragraph one Licensees and persons whose duties are related to the production, import, export, sale, or possession of marijuana or hemp shall provide reasonable convenience to officials.

The performance of duties under (3) requires a search warrant. Unless there is reason to believe that it’s urgent and that the lack of a search warrant will involve manipulation, hiding, changing the original condition or destroy evidence related to the commission of an offense, search without a warrant is allowed, but the Criminal Procedure Code regarding search must be followed.

Section 32. Performance certificate: The official must show the official identification card.
Persons involved, identification cards of competent officials shall be in accordance with the form prescribed by the Minister.

Section 33. In performing duties under this Act, the official shall be an official under
criminal code

Chapter 9
Appeals

Section 34. In the case where the licensor or notification receiver does not issue a license or notification receipt or does not allow the renewal of the license or notification receipt, the license holder or notification receiver or a person who wishes to renew a license or a person who wishes to renew a notification receipt has the right to appeal in writing to the Minister within thirty days from the date of receipt of notification of non-issuance of a license or notification receipt. Not granting permission to renew the license or notification receipt, as the case may be.

The Minister’s decision shall be final during the consideration of appeals against orders refusing to renew in the permission or notification receipt of the Minister In the presence of the appellant’s request. The Minister has the power to order permission for the applicant to renew the contract.
License or notification receipt Proceed as permitted or notified, as the case may be, for the time being.

Section 35. A licensee whose license has been suspended, the license or notification receipt has been revoked and has the right to appeal in writing to the Minister within thirty days from the date of receipt of the notice of suspension of license, revocation of license or notification receipt, as the case may be.

The decision of the Minister is final.

The appeal under paragraph one is not a reason to delay the enforcement of the license suspension order revocation order License or notification receipt

Section 36. Considering an appeal under Section 34 or Section 35, the Minister shall consider the appeal to be completed within sixty days from the date of receipt of the appeal. If there is a necessary reason, it cannot be considered completed within such period, a letter must be notified to the appellant before the expiration of that period. In this regard, the period for considering appeals shall be extended by no more than sixty days from the date the said period expires.

Chapter 10
Protections

Protection of persons who may be harmed by the consumption of marijuana and hemp,
and prevention of misuse of the leaves.

Section 37) Licensees are prohibited from selling cannabis or hemp for consumption. to the following persons:
(1) persons under twenty years of age
(2) pregnant women
(3) breastfeeding women
(4) any other person as specified by the Minister of Public Health.

The licensee for sale shall have the duty to post a notice or notify at the place of sale that he is aware of the prohibition on selling to such persons under paragraph one, in accordance with the criteria and procedures prescribed by the Minister of Public Health.

The prohibitions of paragraph one are not compulsory for sale by medical practitioners or professional Thai traditional medicine practitioners of applied Thai traditional medicine for the benefit of disease treatment of their patients.

Chapter 11
Penalties

Section 38 Whoever produces, imports, exports, sells without obtaining a license under Section 15, paragraph one, must be punished with imprisonment not exceeding three years. or a fine not exceeding three hundred thousand baht or both.

Section 39. Any licensee under section 15 paragraph two who imports sent out each time without receiving only permitted each time it is imported or exported shall be punished with a fine not exceeding five fold baht the value of the import or export each time.

Section 40. Anyone who violates section 37 shall be liable to a fine not exceeding thirty thousand baht.

Transitional provisions

Section 41 Within a period of five years from the date this Act comes into force, the importation of marijuana and hemp shall be carried out only in the following cases:

(1) for study, analysis, research
(2) for medical or government benefits

Section 42 From the date this Act comes into force, medicinal recipes that contain cannabis for use in special format and approved according to the Ministerial Regulations on requesting permission and granting permission to produce, import, export, sell or possess narcotics of category 5, only Cannabis, B.E. 2021, which were produced before the date of the act are considered to be a herbal product according to the law on herbal products.

Section 43. All ministerial regulations, regulations or announcements issued under the Narcotics Act B.E. 2522 or the Narcotics Law code or guidelines provided by the committee under the said law and is in effect the day before the date this Act comes into force shall continue to be enforced only to the extent that it is unclear or inconsistent with this Act or until ministerial regulations, regulations, or announcements issued under this Act come into force.

Section 44 Licenses for the production, import, export, distribution or possession of narcotics
in category 5, only hemp issued in accordance with the Ministerial Regulations on requesting permission and granting permission to produce, import, export, sell, or possess a license to possess narcotics in Category 5, only (Hemp) B.E. 2020 and a license to produce, import, export, sell or have in possession of narcotics category 5, only (Hemp) issued in accordance with ministerial regulations for requesting permission and granting permission to produce, import, export, sell or possess drugs, addiction is punishable in Category 4, only marijuana. B.E. 2(64) shall be considered a license under this Act and shall continue to be used until the license expires.

Section 44 All laws licenses submitted and other documents requested under the Narcotics Code, and still in the process consideration of the licensor, it shall be considered as an application for a license or an application for a replacement license under this Act, mutatis mutandis, if such request has contents or supporting documents different from the application under this Act. The licensor shall have the authority to order further corrections and submit additional documents or evidence as necessary in order to ensure compliance with this law.

Fee rate

(1) Production (planting) license Fee: 90,000
(2) Production (extraction) license Fee: 90,000
(3) Import license edition Fee: 100,000
(4) Export license Fee: 10,000
(5) import/export license temporary Fee: 20,000
(6) Sales license Fee: 5,000
(7) Renewal of a license is equal to one-half of the fee for that license.
(8) The fee for a license or other request is 7,000 baht per request.

As drafted, the law would take effect on January 1, 2025. However it should be noted that the law has not yet been passed yet as of June 13, 2024 and is currently open to review and feedback by the public.

The public can submit feedback at the following link via law.go.th online form:

https://law.go.th/listeningDetail?survey_id=Mzc0OERHQV9MQVdfRlJPTlRFTkQ=