Nowadays, drug-related problems are a major issue in the world but also in Thailand. The government has therefore enacted the Narcotics Act to prevent, suppress, and control narcotic drugs, as well as to curb their use and distribution. Our litigation team and lawyers specialized in criminal law in Thailand at our law firm in Bangkok Herrera and Partners H&P, have prepared a summary of the key practical aspects of the regulation related to drug-related offenses in Thailand.
Under the Narcotics Act B.E. 2522 (1979), narcotics are defined as any chemical substance or material which, when consumed into the body, whether by ingestion, inhalation, smoking, injection, or any other means, affects the body and mind in significant ways. Such effects include the need for progressively increased doses, withdrawal symptoms when discontinued, strong physical and psychological dependence, and general deterioration of health. This definition also covers plants or parts of plants that are narcotics or produce narcotics, that may be used in their production, as well as chemicals used to manufacture narcotics.
Section 7 of the Act classifies narcotics into five categories, as follows:
- Category 1: Highly dangerous narcotics, such as heroin, methamphetamine.
- Category 2: General narcotics, such as morphine, cocaine, codeine, and medicinal opium. For narcotics in this category, no person may produce, import, or export them without authorization. Possession for sale or other forms of possession must also be duly authorized.
- Category 3: Narcotics in the form of medicinal preparations containing Category 2 narcotics, in accordance with criteria announced by the Minister and published in the Government Gazette.
No person may produce, distribute, import, or export Category 3 narcotics without permission. This restriction does not apply to licensed medical practitioners, dental practitioners, first-class veterinary practitioners, pharmacists, or other medical or public health professionals acting within the scope of their duties, or for the benefit of government agencies or the Thai Red Cross.
- Category 4: Chemicals used in the production of Category 1 or Category 2 narcotics, such as acetic anhydride or acetyl chloride, which are used in the production of heroin.
- Category 5: Narcotics not classified under Categories 1 to 4, such as cannabis and K
In addition, there are four categories of psychotropic substances which Category 1 psychotropic substances are those with a high potential for abuse, significant health risks, and no accepted medical use. Most are hallucinogenic substances, including mescaline, psilocybin, DMT, DET, and cathinone. The law strictly prohibits any person from possessing such substances.
Offenses and penalties relating to drug-related crimes
Each category of narcotics carries different offenses and penalties. However, offenses relating to Category 1 narcotics are considered serious and are commonly encountered, such as offenses involving possession of Category 1 narcotics and offenses involving drug trafficking.
Each category of narcotics carries different offenses and penalties. Offenses relating to Category 1 narcotics are serious and are commonly encountered, such as offenses involving possession of Category 1 narcotics and drug trafficking.
- Offense of using Category 1 narcotics: “Use” means causing a narcotic drug to enter the body by any method, such as ingestion, inhalation, smoking, or injection.
Under the most recent amendment to the Narcotics Code enacted in 2021, the offender shall be liable to imprisonment for a term not exceeding one years, or a fine not exceeding 20,000 baht, or both imprisonment and a fine.
- Offense of possessing Category 1 narcotics for personal use under Section 107 of the Narcotics Code B.E. 2564 (2021): “Possession” means holding the narcotic for oneself with the purpose of using it.
Our criminal lawyers in Thailand at H&P would like to point out that under the most recent amendment to the Narcotics Code enacted in 2021, the offender shall be liable to imprisonment for a term not exceeding two years or a fine not exceeding 40,000 baht, or both imprisonment and a fine.
- Offense of producing, importing, exporting, distributing, or possessing Category 1 narcotics without authorization under Section 90 of the Narcotics Code B.E. 2564 (2021). This constitutes an offense relating to drug trafficking, which has a significant impact on society.
“Production” includes packaging, repackaging, or combining packages. “Import” and “Export” refer to bringing narcotics into the Kingdom or sending them out of the Kingdom. In addition, “distribution” does not require any payment; simply giving narcotics to another person is also considered distribution.
This is considered a serious offense and carries heavy imprisonment and fines. Under the most recent amendment to the Narcotics Code enacted in 2021, the offender shall be liable to imprisonment for a term not exceeding fifteen years and a fine not exceeding 1.5 million baht.
Moreover, if the conduct falls within the action provided under Section 145, paragraph two of the Narcotics Code B.E. 2564 (2021), such as:
- Committing the act for commercial purposes;
- Causing distribution among the public;
- Distributing to a person under eighteen years of age;
- Distributing within the vicinity of an educational institution, a place of religious worship of any group, or a government office;
- Committing the act by using force or threatening to use force;
- Committing the act while carrying or using a weapon;
The offender shall be subject to heavier penalties, both in terms of imprisonment and fines, due to the broader impact on society, the violent nature of the conduct, and the significantly greater risk of widespread distribution of narcotics.
In addition, there are many other serious offenses relating to narcotics. The laws governing narcotics control set out detailed provisions, and any violation carries severe penalties, including fines and imprisonment. The elements of such offenses must be interpreted carefully, as they are serious criminal offenses.
If you are accused of a drug offence in Thailand, please contact our litigation lawyers in Bangkok at info@herrera-partners.com
