Thailand broke with Asian norms in 2022. While other countries in the area have historically severely punished drug use, sometimes even with the death penalty, Thailand became the first on the continent to legalize cannabis.
Since then, the production and sale of marijuana have grown into a significant national industry, with around 6,000 dispensaries sourcing from farms across the country. The industry, which also attracted tourists seeking access to the substance, was projected in 2022 to reach $1.2 billion by 2025.
However, the Thai government is now moving to limit access to cannabis.
Public Health Minister Somsak Thepsutin signed an order on Monday, effective this week, reclassifying cannabis buds as a controlled substance and prohibiting shops from selling cannabis to customers without a prescription. The policy is available on the government website.
Somsak also intends to reclassify cannabis as a Category 5 narcotic, effectively recriminalizing its recreational use.
The government states that this move aims to protect children and youth, who are more at risk due to increased access. However, critics and activists argue that political conflicts have significantly influenced the tightening of marijuana policies, negatively impacting small businesses.
What does the new order say?
The new order requires licenses for those who wish to study, export, sell, or process cannabis buds for commercial purposes. They must report data on the source, use, and amount of cannabis they possess. The cannabis buds should come from a producer meeting the Department for Development of Thai Traditional and Alternative Medicine’s Good Agricultural and Collection Practices (GACP) standards.
Cannabis can no longer be sold through vending machines, electronic channels, or computer networks. It and its derivative products are prohibited in religious sites, dormitories, public parks, zoos, and amusement parks. Advertising is also banned.
The sale of cannabis for smoking in cannabis businesses is also prohibited unless sold by medical practitioners, including Thai and Chinese medicine practitioners and dentists, for patient treatment. Prescriptions from medical professionals are required and must specify the amount of the drug, not exceeding a 30-day supply.
Violators may face up to a year in prison and a 20,000-baht fine.
How is politics involved?
Decriminalization in 2022 was championed by Anutin Charnvirakul, who ran for Prime Minister in 2023 as the head of the Bhumjaithai Party but was unsuccessful.
However, Bhumjaithai joined the governing coalition of Pheu Thai, the populist party that ultimately gained power but had campaigned on recriminalizing marijuana.
Since cannabis was removed from the list of illegal narcotics, no comprehensive law regulating its use was enacted. This allowed for rapid growth, but authorities claim it also facilitated marijuana smuggling to countries as far as the U.S. and Europe.
Following disputes over a Cabinet seat, the Bhumjaithai Party left the coalition earlier this month, raising doubts about Pheu Thai Prime Minister Paetongtarn Shinawatra’s stability.
With Paetongtarn currently remaining in power, Bhumjaithai’s departure has allowed Pheu Thai to pursue its pledge to limit marijuana use to medical purposes.
The Thai public has mixed feelings, with a 2024 poll showing a narrow majority supporting recriminalization.
How has the industry reacted?
Speaking to the Bangkok Post, small- and medium-sized cannabis growers said the stricter regulations will force some farms to close.
A producer named Somkiat Nitiketkosol told the paper that such stringent requirements would also encourage corruption: “Most permits are going to big players, while small farmers like me are left waiting or falling victim to scams.”
Chokwan Chopaka, a Thai cannabis activist who leads Writing Thailand’s Cannabis Future Network, plans to protest the order. Chokwan argues that businesses will not disappear overnight following the new rules, which will only push sales of the drug underground.
“Thailand had always been known for sabai sabai [easygoing, lax] culture where many illegal products from sex toys, prescription drugs, vape pens, illegal money exchange, and sex workers are readily available on the side of the road to service all types of tourist, together with well organised groups, to supply and manage those products locally (massage parlour, gogobars, illegal gambling house etc.),” she tells TIME. “With the new announcement, cannabis will be just but another thing that will go back to being managed by the corrupt underground system.”
