DRUG-RELATED CRIMINAL OFFENSES IN THAILAND
What is the legal basis for drug-related offenses in
Thailand?
Provisions for drug-related offenses are contained
in a series of statutes variously defined in the Narcotic
Control Act 2534 (1991)
The two most important laws are the
Law on Narcotic Drugs 2522 (1979) and Psychotropic Substances
Act 2518 (1975). These 'psychotropic substances' are
classified into 4 categories.
Annex 1 - tetrahydrocannabinol
(THC - the active ingredient in cannabis);
Gamma-hydroxybutyrate (GHB)
Appendix 2 - Ketamine; ephedrine;
Midazolam (Dormicum, Versed etc.); Triazolam (Halcion)
Annex 4
- Alprazolam (Xanax); Diazepam (Valium); Lorazepam (Ativan)
The substances defined as narcotics are classified into 5
categories:
Category 1 - heroin; amphetamine;
Methamphetamine; MDMA (ecstasy); LSD
Category 2 - cocaine;
Codeine; methadone; Morphine
Category 5 - Cannabis;
psychoactive mushrooms; Kratom factory
What are the penalties
for illegal production under the laws?
Under the provisions
of the Psychotropic Substances Act, the penalties are:
For
Annex 1 and 2 substances:
Imprisonment of 5-20 years and a
fine of 100,000-400,000 Baht for production, import or export.
Imprisonment not exceeding five years and a fine not exceeding
100,000 baht for crossing borders
Imprisonment of 1-5 years
and a fine of 20,000-100,000 Baht for possession, use or
consumption
For Annex 3 and 4 substances:
Imprisonment not
exceeding five years and a fine not exceeding 100,000 baht for
production, import or export.
Imprisonment not exceeding five
years and a fine not exceeding 100,000 baht for crossing
borders
Imprisonment not exceeding one year or a fine not
exceeding 20,000 baht, or both for possession, use or
consumption
Under the provisions of the Narcotic Drugs Act,
the sanctions are as follows:
For Category 1 substances:
Up to
life imprisonment and a fine of 1,000,000-5,000,000 Baht for
production, import or export.
Up to life imprisonment and a
fine of 100,000 - 5,000,000 Baht, or the death penalty,
(depending on the quantity of the substance or substances
found) for sale or possession for the purpose of selling.
Up
to 10 years imprisonment or a fine of 20,000 - 200,000 baht
for possession.
Up to 3 years imprisonment or a fine of 10,000
- 60,000 baht for consumption
For Category 2 Substances:
Up to
10 years imprisonment and a fine of 100,000 - 1,000,000 Baht
for production, import or export. If the substance or
substances found are morphine, opium or cocaine the penalty is
increased to imprisonment for 20 years in perpetuity and a
fine of 2,000,000 - 5,000,000 Baht
Up to 10 years imprisonment
and a fine of 20,000 - 200,000 baht, or both for sale or
possession for the purpose of selling. In the case of
morphine, opium or cocaine, 3-20 years or a fine of 60,000 -
400,000 baht if the amount is less than 100 grams, or 3-20
years or a fine of 500,000 - 5,000,000 Baht if more
Up to 5
years or a fine not exceeding 100,000 baht, or both for
possession. If the quantity is 100 grams of a pure substance
or more, it will be considered as possession for the purpose
of selling.
Six months to three years or a fine of 10,000 -
60,000 baht, or both for consumption
For cannabis in category
5:
From 2-15 years imprisonment and a fine of 200,000 -
1,500,000 Baht for production, import or export
From 2-10
years imprisonment or a fine of 40,000 - 200,000 baht, or both
for sale or possession for the purpose of selling. If the
quantity is more than 10 kg, the penalty is increased to a
maximum of 15 years and a fine of 200,000 - 1,500,000 Baht
Imprisonment not exceeding five years and a fine not exceeding
100,000 baht, or both for possession
Imprisonment not
exceeding 1 year and a fine of 100,000 - 1,000,000 for
consumption
For Kratom in Category 5:
Imprisonment not
exceeding two years and a fine not exceeding 200,000 baht for
production, import or export
Imprisonment not exceeding 2
years or a fine not exceeding 40,000 baht, or both for sale or
possession for the purpose of selling. If the quantity exceeds
10 kg, the penalty is imprisonment not exceeding 2 years and a
fine not exceeding 200 000 baht
Imprisonment not exceeding one
year or a fine not exceeding 20,000 baht, or both for
possession
Imprisonment not exceeding one month or a fine not
exceeding 2,000 baht for consumption
Who is in charge of
global drug control
Narcotics Control Board (NCB) with the overall responsibility for the prevention and suppression of illegal drug use in Thailand is contained in the Narcotic Control Act 2519 (1976). The Office of the Narcotics Control Board (ONCB) is the body that implements the NCB Resolutions.