H&P would like to inform you of the recent update published in the Royal Gazette concerning the Ministerial Announcement on Controlled Herbal Medicine (Cannabis), B.E. 2568 (2025), dated 25th of June 2025, as well as the clarification and detailed explanation provided during the official briefing by the Ministry of Public Health held on 27 June 2025.
Update on the Ministerial Announcement on Controlled Herbal Medicine (Cannabis), B.E. 2568 (2025)
The Ministry of Public Health has issued a new Ministerial Announcement on Controlled Herbal Medicine (Cannabis), B.E. 2568, signed by the Minister of Public Health on 23 June 2025, and effective from 26 June 2025.
Below is a summary of the key provisions and implications of the announcement:
- Control limited to “Cannabis Flowers”
- Other parts of the cannabis plant (e.g., leaves, stems) remain classified as general herbal medicine.
- Only cannabis flowers are categorized as controlled herbal medicine and require proper licensing for handling.
- Requirements for Operators (Medical, Research, Export, or Commercial Processing Purposes Only)
- Sale of cannabis flowers is only permitted with a valid license.
- Wholesale to other licensed vendors is allowed only if both parties hold licenses.
- Operators must report the source, usage, and quantity of cannabis in possession.
- For export, detailed reports must be submitted to the licensing authority each time.
- All products must originate from cultivation sites certified by the Department of Thai Traditional and Alternative Medicine (DTAM) with proper harvesting standards.
- Consumer Requirements
- Purchase and use of cannabis flowers require a medical prescription issued by licensed professionals, such as:
- Conventional medical doctors
- Thai traditional or applied Thai traditional medicine practitioners
- Dentists
- Pharmacists
- Chinese medicine practitioners
- Registered folk medicine herbalists
- The prescription format must follow the official template issued by DTAM, in accordance with this Ministerial Announcement.
- Requirements for Growers
- All cultivation sites must also apply for a sales license if cannabis flowers are present (considered ready for sale).
- Both Cannabis and Hemp are now treated uniformly under the definition of Cannabis plants in the Cannabaceae family.
- Farms with higher-than-GACP standards (e.g., GAP for herbs, Organic Thailand) may also be recognized.
- Each cannabis strain intended for sale must have a COA (Certificate of Analysis) for the flower, tested for:
- Heavy metals
- Pesticide residues
- Pathogenic microorganisms
- Mycotoxins
- Prohibitions on Sale, Advertising, and Inappropriate Distribution Channels
- Selling for smoking on-site is prohibited, except under the supervision of licensed medical professionals.
- Sales via vending machines, online platforms, or advertising are strictly prohibited.
- Sales are not allowed in certain locations, including:
- Temples
- Dormitories
- Public parks
- Zoos
- Amusement parks
- Medical Prescription Requirement Effective 1 July 2025
- The prescription format is based on the official template issued by DTAM under the Ministerial Announcement.
- Issued only by qualified professionals (as listed in Section 3).
- Patients using cannabis flowers for medical purposes must hold a valid prescription or medical certificate.
- Usage is limited to a maximum of 30 days per prescription.
- Eligible Medical Conditions for Prescription
Common qualifying conditions include:
- Chronic pain
- Muscle spasms or cramps
- Joint pain
- Spasticity
- Cancer
- Nausea and vomiting
- Parkinson’s disease
- Epilepsy
- Asthma
- Insomnia
- Loss of appetite
- Generalized anxiety
- Alzheimer’s disease
- Depression
- Other conditions deemed appropriate by licensed practitioners
Transitional Period and Enforcement Notes (1–2 Months)
- Sales of cannabis flowers without GACP or COA are temporarily allowed.
- A valid prescription is still required for all patients.
- If GACP is not available, a COA is strongly recommended with required lab tests (heavy metals, pesticides, pathogens, mycotoxins).
- Due to the transitional nature of enforcement, some delays and requests for additional documents may occur in the licensing process.
Legal Consequences for Violations
- Imprisonment up to 1 year, a fine not exceeding THB 20,000, or both.
- Authorities may suspend the license for up to 90 days.
- After two suspensions, the license may be revoked.
- If revoked, the operator must wait 2 years before reapplying.
- False reporting may result in criminal charges for forging official documents (imprisonment up to 3 years or a fine up to THB 60,000, or both).
Recommended Compliance Strategy:
- Apply for the appropriate licenses before commencing any business activities, and submit required reports as outlined by law.
- Do not sell cannabis to any individual without a valid medical prescription or medical certificate, as required by the regulations.
Legal Outlook:
Given the abrupt and reactive nature of recent legal amendments, continued regulatory changes are possible. Operators are strongly advised not to neglect compliance, especially as the Thai government may reclassify cannabis as a narcotic substance in the future should the public health impact outweigh the benefits.
If you need a legal consultation of the regulatory changes of cannabis in Thailand, please contact our corporate lawyers at [email protected]
