Thailand’s Cannabis Act 2024; nothing will change, as we said long time ago…
In a significant step forward for cannabis regulation, the Thai government introduced the Cannabis Act 2024, marking the first formal piece of legislation designed to regulate cannabis and hemp in Thailand. Currently under public review until September 30, 2024, the draft law consolidates the trends and policies observed since the 2022 decriminalization of cannabis. It does not introduce radical changes to how cannabis is handled in Thailand but instead reaffirms the controlled status of the plant under the Department of Thai Traditional and Alternative Medicine (DTAM).
This act is a crucial milestone in Thailand’s cannabis policy, providing a clearer legal framework for cultivation, sale, and use of cannabis, particularly in the medical and herbal sectors. It solidifies the government’s intentions to tightly regulate the industry and ensure that cannabis, while decriminalized, remains a specially controlled herbal product. However, the most notable update is the requirement for all existing cannabis cultivators to reapply for licenses within 60 days of the law’s enforcement, introducing a new cycle of compliance for businesses and individuals involved in the cannabis industry.
A Historical Overview of Cannabis Regulation in Thailand
Cannabis decriminalization in Thailand took place in 2022, when cannabis was removed from the list of narcotics. This move was hailed as progressive and positioned Thailand as a leader in Southeast Asia for cannabis liberalization. However, it was made clear early on that cannabis would still be subject to strict controls under Thai health authorities. Recreational use remained in a legal gray area, with the government allowing personal use of cannabis but banning smoking in public places.
The DTAM has overseen cannabis as a regulated herbal product, particularly for its medicinal properties. Since decriminalization, the Thai government has emphasized that cannabis should primarily be used for medical, therapeutic, and economic purposes. This approach aligns with policies aimed at promoting the country’s traditional herbal medicine industry while minimizing any negative social impact from recreational use.
The Cannabis Act 2024: Bringing Formality to Existing Practices
The Cannabis Act 2024 does not bring sweeping new changes but rather codifies existing regulatory practices into law. Cannabis continues to be treated as a medically beneficial plant with economic potential, but it is firmly regulated to protect public health.
Here are the key highlights of the draft law:
- Cannabis Remains a Specially Controlled Herbal Product
- The draft law confirms that cannabis will remain classified as a specially controlled herbal product under the DTAM. This ensures that cannabis will continue to be treated as a medical and herbal product rather than a recreational substance. Individuals and businesses looking to grow, produce, sell, or export cannabis must comply with stringent regulations.
- New Licensing Requirements
- One of the most critical aspects of the new law is the introduction of new licensing requirements for all cannabis cultivators. Within 60 days of the law’s enforcement, all cultivators must reapply for a cultivation license. This applies to both individual farmers and businesses. The reapplication process is intended to ensure that all cannabis-related activities remain within legal boundaries and comply with updated standards. The law also specifies that cultivation must occur in designated areas, and the size of cultivation plots must be declared.
- Public Health and Safety Protections
- A central theme of the Cannabis Act is public health and safety. The law outlines strict controls on how cannabis can be grown, processed, and distributed to minimize potential health risks. The sale of cannabis to minors, pregnant women, and nursing mothers is expressly prohibited, and the law calls for comprehensive public health warnings to be displayed at points of sale. Furthermore, the use of cannabis in public places, particularly in ways that could affect non-users, is also restricted under the law.
- Advertising Restrictions
- The act sets strict regulations on how cannabis products can be marketed and advertised. Advertisements promoting the recreational use of cannabis or making unsubstantiated health claims are prohibited. This aligns with Thailand’s broader strategy of ensuring that cannabis remains a medically-oriented industry rather than a commercialized recreational product.
- Penalties for Non-Compliance
- The law introduces significant penalties for individuals or businesses that fail to comply with the new regulations. This includes fines and the suspension or revocation of licenses for violations such as illegal cultivation, improper sale, or non-compliance with public safety measures. The law also introduces provisions for appealing license suspensions or revocations, ensuring a fair process for cultivators and businesses.
New License Application Cycle and Compliance Requirements
The most noteworthy new provision in the Cannabis Act 2024 is the mandatory reapplication process for all cannabis cultivators. Cultivators, whether individual farmers or large businesses, must apply for new licenses within 60 days after the law is enforced. The law’s enforcement is expected by the end of 2024, and the new license cycle will come into effect 90 days after the publication of the law in the Royal Gazette.
This process ensures that all cannabis cultivation operations are regularly assessed and comply with the latest standards. Cultivators will need to demonstrate their adherence to Good Agricultural and Collection Practices (GACP), which are necessary to maintain the quality and safety of cannabis products, particularly in the medical sector. Failure to reapply within the specified time frame could result in the suspension or revocation of existing licenses, making this a crucial step for anyone involved in cannabis cultivation in Thailand.
For businesses, navigating this new cycle of licensing can be a complex and time-consuming process. However, Siam Trade Development offers specialized services to assist companies and individual cultivators in meeting these new regulatory requirements. From obtaining the necessary cultivation licenses to ensuring compliance with GACP standards, our team of experts ensures that you stay compliant with Thai regulations.
Medical and Herbal Focus: Maintaining Thailand’s Position as a Cannabis Leader
The Cannabis Act 2024 solidifies Thailand’s position as a regional leader in medical cannabis. The government’s focus remains on harnessing cannabis for its therapeutic benefits, while also supporting economic growth through the controlled use of cannabis in traditional herbal medicine.
Medical practitioners, herbalists, and those involved in the pharmaceutical industry will benefit from the clearer legal framework provided by this act. However, with these benefits come stringent controls to ensure that cannabis products are safe for public consumption and used only for approved purposes. The DTAM will continue to play a leading role in overseeing the cannabis industry, ensuring that it remains closely tied to the country’s health and wellness initiatives.
Event Spotlight: CISW Event at Intercontinental Hotel
For those interested in learning more about the Cannabis Act 2024 and the future of cannabis regulation in Thailand, Diego Sala, Director of Siam Trade Development, will be a keynote speaker at the CISW Event on September 28th-30th, 2024, at the Intercontinental Hotel in Bangkok. The event will feature industry experts discussing the latest developments in cannabis regulation, opportunities for investment, and strategies for compliance with Thai law.
Attendees will have the opportunity to hear from leading experts in the cannabis field and gain insights into how the new Cannabis Act will shape the industry moving forward. Diego Sala’s presentation will focus on the importance of compliance with regulatory standards, including licensing and GACP certification, to ensure sustainable and profitable cannabis operations in Thailand.
Siam Trade Development: Your Partner for Licensing and GACP Certification
With the introduction of the Cannabis Act 2024, staying compliant with Thai law is more important than ever. Whether you are an individual cultivator or a business looking to expand in the cannabis sector, Siam Trade Development can help you navigate the complexities of Thailand’s cannabis regulations.
Our services include assistance with obtaining cultivation licenses, ensuring compliance with GACP standards, and navigating the Thai FDA and DTAM processes. We provide end-to-end support to ensure your business remains compliant with the latest laws and regulations, allowing you to focus on growing and expanding your operations.
For more information on how we can help with cannabis licensing and GACP certification, visit Siam Trade Development today.
