What should tourists know about Thailand's proposed weed law changes? Photo / Gras Grun, Unsplash
Eighteen months after Thailand voted to make cannabis legal the country appears to be backtracking on the drug, banning “recreational” use.
In the past two years, legal weed has spawned hundreds of farms, green shops and a tourism industry for those visiting for the novel high. However, after launching the home-grown cannabis market, there is a perception lack of regulation has made drugs available to youths and led to a rise in crime.
Now, it appears the rules on cannabis could be revised to make it for medicinal purposes only.
Health Minister Chonlanan Srikaew said last week he had recommended a draft bill to the Cabinet that would ban recreational cannabis use while allowing medical. The Cabinet is expected to approve sending that to Parliament soon but has not yet taken it up as of its most recent meeting on Tuesday.
A draft version of the law that was circulated for public comment in January would make using cannabis “for entertainment or pleasure” a crime punishable by a 60,000 baht ($2700) fine. It would allow medical marijuana, but did not give details of how it would be controlled.
Thailand was the first country in Asia to legalise cannabis. Decriminalisation was spearheaded by the Bhumjaithai Party, which made it a major part of its platform in the 2019 general election campaign. The party’s stronghold is in the poor northeast, where it promised farmers cannabis would be a new cash crop.
Party leader Anutin Charnvirakul became health minister and an important member of the military-led coalition, pushing through a 2022 amendment to the Narcotics Law that dropped cannabis from the list of controlled drugs.
Anutin had promised that cannabis would be allowed only for medical use, but, in practice, the market was nearly unregulated.
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.
On the day the drug was legalised, more than 3,000 inmates held on cannabis charges were released. Within the year, the country’s weed industry was worth 28 billion baht and by 2030 it was projected to reach 336 billion baht.
What are the cannabis laws in Thailand?
Before legalisation, the country had some of the strictest rules on drug use.
Possession was punishable by up to 15 years in the notorious Bang Kwang Central Prison, known as the Bangkok Hilton to the number of Australian inmates who fell foul of the tough drugs laws.
It’s unlikely a crackdown would see a return to such harsh measures, but it’s likely there could be hefty fines for tourists on drug charges.
The draft law, which was published for comment in January, would impose fines of up to 60,000 baht and prison sentences of up to a year.
There would also be fines for those selling or farming the drug. Fines of up to 100,000 baht for advertising recreational cannabis have been proposed, along with 20,000 to 300,000 baht for growing the drug.
Can tourists still smoke weed in Thailand?
Thailand is still awaiting the outcome of the proposed cannabis law changes. For now, legal weed shops are still open to the public and tourists.
There are, however, still specific fines around smoking in public places or creating a “public nuisance” with the unwanted smell of cannabis.
Smelly tourists can expect up to a 25,000 baht fine if reported, but they are still free to sample the herb in public.
Rattapon Sanrak, the founder of Thailand’s first legal cannabis shop, said it would be an overreaction to put cannabis back on the narcotics list.
He also said the move would be impractical or even impossible, given how big the industry has grown.
“I don’t think there’s anyone who disagrees with the control of use for underage children. No one wants to see people puffing weed on the street,” he said. “Sellers … also don’t want to see those street vendors who sell without a licence.”
He called for more discussion on the best way to control the drug.
“People who don’t like it, people who are users, people who operate businesses, I think these parties have to find a common ground on how to exist together.”
Those travelling through Thailand and smoking weed are warned that neighbouring countries still have very strict drug laws. The Mfat travel advisory warns of drug trafficking and crime targeting tourists at the Thai-Myanmar and Malaysian borders.
”In many Asian countries ... the penalties for drug offences (possession or trafficking) are severe and can include the death penalty,” warns the Safe Travel website.
“The possession of even small quantities of drugs for recreational purposes can result in lengthy jail sentences and deportation.”
Singapore has extremely strict drug policies against cannabis and residents can be tried for recreational drug use abroad, as if they were using in Singapore.