Cannabis-hemp act in Thailand: legal framework with Silk Legal

Cannabis-hemp act in Thailand

Cannabis-hemp act in Thailand: actually one of the most discussed topic, where there’s still lot of confusion. Is cultivation, import, and consumption of cannabis-hemp derivatives free in Thailand?

We’ve been glad to have a conversation with Dr. Paul Crosio, from Silk Legal law firm, before his interview with The Thaiger, that you can watch HERE. We have analyzed the actual framework of Cannabis regulation in Thailand, that appears to be in a twilight zone.

According to some sources, use and consumption of cannabinoid in Thailand appears as unregulated or under-regulated. This is totally wrong.

Cannabis-hemp act and the removal from category 5 of narcotics

With the Notification of Ministry of Public Health, RE: Narcotics under Category 5 of the Narcotics Act B.E. 2565 (2022) issued on February 9th 2022 and effective from June 9th 2022, cannabis and hemp are officially removed from the narcotics list under Category 5. This doesn’t mean that you can walk on streets of Phuket smoking weed.

Actually Thai authorities are drafting a Cannabis-Hemp Act that will be enacted to control, administer, and restrict the cultivation, extraction, processing and use of cannabis and hemp.

For sure all parts of cannabis and hemp as well as certain extracts won’t be considered narcotics anymore,but long way is still to go.

Currently (June 2022) the new Cannabis-Hemp Act in Thailand is merely a project in the consideration of parliament and relevant authorities. 
The New Act may specify significant provisions including:

  • The establishment of a cannabis-hemp committee
  • The permission for production, importation, exportation, distribution etc.
  • The notification for cultivation for household use, medical use etc.
  • The prohibition of sale to minors, pregnant women, lactating women etc.
  • The prohibition of use for entertainment and recreation etc.
  • The penalties and measures in case of breach of provisions of the Act

Cannabis-hemp act and Thai FDA

Once the Act have been drafted and enforced, the ball will be in FDA hands for what concerns the use of cannabinoids in cosmetics, food and for medical use.

All regulations about the use of cannabis and hemp products shall be reconsidered and probably amended by Thai FDA. Actually, the use of cannabis-hemp in food, cosmetics, dietary supplements is authorized but the rules are not yet clear. So, every project shall be considered case-by-case without a precise and defined procedure.

As mere example, the license process for a Dietary supplement factory using CBD derivatives is actually a blurred process that, according to FDA officers, must be discussed with the Department of Specially Controlled Food since not yet covered by a notification.

If on one side this may represent an opportunity for the investor that may expect “flexibility” from the Authority, on the other side actually nobody can guarantee a defined process for the project.

What to do in case you want to open a Cannabis-hemp related business in Thailand?

  1. watch this explanatory video with Dr. Crosio HERE
  2. contact us for a Due Diligence and a feasibility study of your project.

Siam Trade Development provides Regulatory services for every sector related to Thai FDA and legal consulting in cooperation with Silk Legal.

Contact us now to know more about Cannabis-hemp act in Thailand

Cannabis-hemp act in Thailand: legal framework with Paul Crosio
Article Name
Cannabis-hemp act in Thailand: legal framework with Paul Crosio
Cannabis-hemp act and the removal from category 5 of narcotics
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Siam Trade Development Co., Ltd.
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