Cannabis: Thailand U-turns on legalisation after just two years

After months of uncertainty over the future of cannabis in Thailand, the government released a proposal to restrict it mainly to health and medical purposes.

Published in September, shortly after Thailand’s new Prime Minister Paetongtarn Shinawatra took office, the draft legislation does not explicitly ban the recreational use of weed nor does it uphold previous plans to reclassify the substance as a narcotic.

But it does lay out fines and punishments for those selling or consuming cannabis for purposes not laid out in the bill.

Thailand became the first country in Asia to decriminalise cannabis in 2022 for medical purposes, but in practice the market appears virtually unregulated.

Neon weed signs have become ubiquitous in Bangkok’s busy tourist areas, with dispensaries cropping up on every corner. Hundreds of food and drink vendors advertise cannabis-infused menus.

It became a hot topic in last year’s election, as public backlash and concerns over misuse and crime grew. But weed also has its advocates: in July 2023, hundreds of people took to Bangkok’s streets to protest a possible ban on general use

Why are Thailand’s cannabis rules changing so soon?

Following the general election in May last year, Thailand came under new leadership in September 2023.

The conservative coalition government headed by the Pheu Thai Party is behind the calls for a crackdown on cannabis, which has been poorly regulated since its legalisation.

Pheu Thai campaigned on banning the recreational use of marijuana, saying it poses health risks and could cause substance abuse issues among young people.

In a post on X calling for the plant to be relisted earlier this year, former PM Srettha Thavisin reiterated this stance, saying “Drugs are a problem that destroys the future of the nation.”

In August, Thavisin was removed from office in a shock ruling that saw Paetongtarn take his place – bringing a slightly softer stance on the issue.

Anutin Charnvirakul, the former Health Minister who oversaw the drug’s legalisation in the previous military-run government, rose the ranks to Deputy Prime Minister in the 2023 election. He is the leader of the Bhumjaithai Party, part of the current government coalition.

When backing the legalisation of marijuana in 2022, he said it would ease overcrowding in Thailand’s prisons and help boost the rural economy.

On the day of legalisation, more than 3,000 inmates held on cannabis charges were released. Within the year, the country’s weed industry was worth 28 billion Thai baht (€728 million) and by 2030 it was projected to reach 336 billion baht (€8.7 billion).

Anutin had promised that cannabis would be allowed only for medical use, but in practise the market was nearly unregulated.

The Health Ministry issued regulations that made cannabis a ‘controlled herb’ that requires a license for planting or selling, as well as banning online sales, sales to pregnant women and people under 20, and public smoking. But cannabis can be purchased easily by practically anyone at many unlicensed establishments or online.

Anutin has publicly opposed the proposed ban, saying while Bhumjaithai does not support recreational uses of cannabis, the rollback will impact the cannabis industry.

His party was key in the pushback against proposals to recriminalise weed as a narcotic earlier this year.

Health Ministry reports spike in cannabis-related psychological issues

Since cannabis was legalised, over 1.1 million Thai people have registered for licences to grow it and more than 6,000 weed dispensaries have popped up across the country, many with little quality control.

Thai media was quickly filled with reports of drug-fuelled violence and abuse, including among young people, who were not supposed to have access to the drug.

The Health Ministry reported a spike in people seeking treatment cannabis-related psychological issues, from more than 37,000 patients in 2022 to more than 63,000 in 2023. Other studies pointed to more young people using the drug.

With Thailand being the first country in Asia to legalise cannabis, it has also sparked a thriving weed tourism industry that many fear will be difficult to put a lid on.

In the 2023 election campaign, all major parties – including Bhumjaithai – promised to limit cannabis to medical use.

Protesters agree more regulation is needed but object to reclassification of weed

Protesters in May agreed that cannabis should be properly regulated, but said rescheduling the plant as a narcotic would have a negative economic impact on those who have invested in the budding industry.

During the 8 July march, Prasitchai Nunuan, a representative of a pro-cannabis network of individuals, addressed protesters, saying that marijuana should be separately regulated by the health ministry instead of criminalising the plant yet again. He accused the government of outlawing the drug to allow only a few interest groups to benefit from its medical uses.

Pock Pechthong, a cannabis grower who joined the march, said while more regulations are needed, a radical rollback will hurt a lot of people who have invested in the business.

“Everybody’s spent a lot of money already. I’m a grower, so our main concern is not being able to grow or use it,” he said.

In June, Health Minister Somsak Thepsuthin said the ministry conducted an online survey and that no less than 80 per cent of the 111,201 participants approved the ban. However, the results were not publicly shared.

What is the punishment for cannabis use in Thailand?

Before weed was legalised in Thailand in June 2022, the country had some of the world’s harshest drug laws.

Possession of cannabis could land you in prison for up to 15 years, with the infamous Bang Kwang Central Prison – ironically nicknamed the Bangkok Hilton after an Australian TV series depicted its squalid, overcrowded conditions – acting as a major deterrent for tourists.

A draft bill banning the recreational use of marijuana and reclassifying it as a controlled substance was circulated for public comment in January and recommended to the Cabinet in March.

Elements of this remain in the latest proposal, including fines of up to 60,000 Thai baht (€1,560) for uses not permitted in the bill and fines of up to 100,000 baht (€2,600) – and/or up to one year in jail – for selling cannabis without authorisation or for unspecified uses.

Permitted uses include medical treatment and government research, as well as its use in herbal, food and cosmetic products.

An earlier version of the bill explicitly ruled out recreational use (defined as ‘entertainment or pleasure’), and banned advertising or marketing cannabis for this purpose. Though it is implied, this is not included in the latest version of the bill.

Under the new proposed legislation, current growers and suppliers are expected to have to apply for new licences and permits under tightened rules.

Following a period for feedback from the public and industry stakeholders that ended on 30 September, it is yet to be seen whether further changes will be made to the bill before it is submitted to the Cabinet and, finally, Parliament for approval.

Can tourists still smoke weed in Thailand?

While Thailand waits on the outcome of the changes, weed shops are still open across Bangkok and beyond.

However, some rules are already in place to restrict the use of cannabis. Smoking or vaping in public places is not allowed. Causing a ‘public nuisance’ – including through the smell of weed – can lead to a 25,000 baht (€650) fine.

The details of what constitutes a ‘nuisance’ are murky and liable to exploitation by police. In Bangkok, officers have been known to blackmail and extort tourists caught on the wrong side of the law.

Extracts containing more than 0.2 per cent THC are still legally classed as narcotics but some shops sell stronger products regardless, which could land purchasers in trouble – unless they have obtained official permission for medical purposes.

Tourists have also been warned that cannabis is still illegal in neighbouring countries and must not be transported across borders. Singapore, which has some of the world’s strictest drug policies, can arrest citizens for using drugs outside of the country as if they were consumed at home.