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Legal updates on the amendment of Narcotics Act in Thailand for 2019 H&P Cannabis in Thailand

On 25th November 2018, The National Legislative Assembly (NLA) has approved the amendment of Narcotics Act B.E. 2552. Previously, marijuana was categorized as narcotics under category 5 prescribed in section 7 of Narcotics Act B.E.2552(1979)

The new regulation unlocks narcotics under category 5, marijuana and kratom plant, strictly for the purpose of research and medical use under control of medical practitioners.

Whereas manufacturing process, import and export procedure, possession and distribution of Marijuana and Kratom plant for the purpose of medical use must comply with Ministerial Regulation and decision of Narcotics Committee. In case one possesses marijuana or kratom leave of more than 10 kilograms, it will be presumed as such possession is for the purpose of distribution.

Eligible entities that are allowed to manufacture, import, export, possess or distribute marijuana and kratom comprise:

1. Government sector having objective related to scientific or medical study.
2. Person with an occupation as medicine, pharmacy, dentist or traditional Thai medicine
3. Higher education institute with medical education and research objective
4. Agriculture operators as a community enterprise
5. International public transport operator
6. Patient commuting internationally who must be treated with specific disease
7. Others that must be approved by the Ministry of Health

On 28th January 2019, The NLA has issued an order no.1/2562 to revoke all foreign patents request for the use of marijuana. The order also applies to all requests that have been submitted before an announcement of NLA order. However, applicant is able to fill an appeal to the patent committee within 60 days of the revocation. In order to maintain with regulatory compliance, NLA’s order to revoke all patent requests will be repealed after the enforcement of new Narcotics Act

For legal advice on the new regulation of narcotics in Thailand contact our Bangkok lawyers at [email protected]

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