Brief History of the Thai Cannabis: Is Weed Legal in Thailand, 2025?

Introduction

In 2024, the Thai government once again made a surprising move and reversed its stance on cannabis laws, leaving more uncertainty to the country’s evolving cannabis industry. Despite the historic legalization in 2022, new legislative changes indicate a significant implication for cannabis cultivation, business, use, commercialization, and the future of cannabis in Thailand. This article explores the latest changes, their potential impact on the cannabis industry, and what this U-turn means for the cannabis community.

Key Takeaways

• Cannabis has been banned in the early 20th century through the Narcotics Act.
• Thailand legalized cannabis use for medical purposes under restrictions in 2019.
• The cannabis plant was delisted as a narcotic drug in 2022 making recreational use legal.
• The Thai government drafted a new bill to tighten cannabis use in 2023.
• The government planned to ban cannabis recreational use at the beginning of 2024.
• The new government drafted a new bill within the same year to balance out cannabis use for medical and recreational use.

A Brief History of the Cannabis in Thailand

Cannabis, known widely in Thailand as “ganja”, is a plant that used to grow naturally in many parts of Thailand. In previous times, cannabis has been used as an ingredient, a condiment in food, a natural remedy (medicine), and a source of fiber. The most well-known historical food with cannabis as an ingredient would be Thai boat noodle soup or Kway Teow Rua (ก๋วยเตี๋ยวเรือ). However, using cannabis as a spice or as a food ingredient in Thailand is currently outlawed.

Another theory believed that cannabis was introduced to Thailand from India supported by the fact that both Thailand and India called cannabis the same way which is “ganja”. Historically, the cannabis plant was used in the manufacturing of clothing and rope by a Northern tribe called “Hmong” in Thailand. Not just cannabis, hemp fiber is also a popular source to produce clothing and export items overseas even today. Hemp plants also played a significant role in early Muay Thai fights as hand protection by wrapping them around each knuckle during the fight before Western-style boxing gloves replaced them in the 1920s.

In the early 20th century, Thailand banned cannabis, and later on it set the foundation for the present-day cannabis law in Thailand through the Narcotics Act to make cannabis illegal. All activities related to cannabis were heavily restricted as the plants were classified as a category 5 narcotic which is a prohibited substance.

Thailand Made the First Change to Legalize Medical Cannabis in 2019

Thailand has caught the attention of the cannabis industry domestically and internationally as Thailand became the first country in Asia to legalize medical cannabis. It all started on February 19, 2019, when the Thai government amended the Narcotics Act B.E. 2522 (1979) allowing cannabis use for medical purposes under restrictions. Under this new cannabis law, modern drugs formulated with cannabis, hemp extract, or other cannabinoids require licensing from the Thai Food and Drug Administration (FDA) under the Drug Act. The main objectives of this amendment include:

1. For people to safely utilize medical cannabis products.
2. To reduce illegal cultivation and commercialization of cannabis.
3. To hopefully help boost the Thai economy.

Full Cannabis Legalization in 2022

After a few years of medical cannabis legalization, Thai cannabis enthusiasts were not able to stop smiling or contain their excitement as Thailand delisted the cannabis plant from narcotic substances based on the new Narcotic Code on June 9, 2022. Therefore, all parts of the cannabis plants including root, stem, stalk, leaf, flower bud, inflorescence, and seeds are no longer illegal.

The new Thai cannabis law in 2022:

• It is strictly prohibited to sell cannabis flowers to minors (those under 20 years of age).
• Pregnant and breastfeeding women are not allowed to purchase and use cannabis.
• Smoking cannabis in public is viewed as a public disturbance and it is illegal.
• Products made of cannabis extracts such as soap and cosmetics with THC levels lower than 0.2% by weight are allowed to be used.
• Any cannabis product with over 0.2% THC level of cannabis extract without a license is illegal.
• The delisting allows the private sector to grow, possess, sell, and use locally-grown cannabis and hemp plants without any license.
• Smoking cannabis within the cannabis dispensary premises is prohibited.

As a result of this new cannabis legalization in the country, the Department of Thai Traditional and Alternative Medicine (DAM) has issued over 12,000 cannabis dispensary licenses to the cannabis business in Thailand.

Thailand Plan to Tighten Cannabis Use in 2023

Under the administration of Thailand's new government at that time led by Prime Minister Srettha Thavisin, they planned to rewrite the bill to restrict cannabis use for medical purposes. After Thailand became the first country in Southeast Asia to decriminalize cannabis the year prior, it actually created legal loopholes allowing the use of cannabis for recreation. The Thai lawmaker stated that there is no policy for recreational use. Therefore, the government has to issue rules, tightening the cannabis law to prevent the misuse of the plant, particularly among children and adolescents.

The draft Bill covers permits for growing cannabis plants, sales and distribution, and tighter measures against sales in temples, schools, and amusement parks. This new Bill is likely to be submitted for Cabinet approval in December 2023 following Prime Minister Srettha Thavisin's hard-line anti-drug campaign to classify cannabis as a narcotic again.

The First U-Turn of the Thai Government Towards Cannabis Laws in 2024

Only a few months into the year 2024, the Thai government surprised Thai cannabis connoisseurs by dropping a statement saying that they will ban cannabis for recreational use and hope to be effective by the end of 2024 but continue to allow its use for medical purposes. Health Minister Cholnan Srikaew stated that cannabis shops that are operating illegally will not be allowed to continue and home-grown cannabis plants will also be discouraged.

In the new law, cannabis will be a controlled plant meaning that permission will be required when one desires to grow the plants. The new law will only support cannabis cultivation for the medical and health industry. There will also be a change of the penalty in the draft law with a fine of up to 60,000 THB (about 1,700 USD) for recreational use. Cannabis selling for such use and participating in advertising or marketing of the cannabis buds, resins, extracts, and smoking devices will face jail penalties of up to a year or a fine of up to 100,000 THB (about 2,800 USD) or both.

Those operating cannabis farming without a license will face jail terms ranging from 1 to 3 years and fines from 20,000 THB (560 USD) to 300,000 THB (8,000 USD). It will also require permission to import, export, cultivation, and commercial use of cannabis. But what about thousands of cannabis businesses operating all over the country? Well, the government will give these businesses time to adjust to the new regulation as they recognize the economic benefits the cannabis industry offers to the country. They could operate their businesses until their licenses expire and then convert into legal cannabis clinics if they follow the new rules.

Another U-Turn on the Cannabis Law in the Same Exact Year

Within the same year that the Thai government had started to ban cannabis for recreational use, they revealed the new Bill to keep weed legal just days after the new administration of Thailand’s new Prime Minister Paetongtarn Shinawatra took the position. Under this new draft legislation, cannabis and cannabis extracts will be allowed for medical treatment and research by state agencies besides their use in herbal, food, and cosmetic products.

The new draft bill under this new government appears to be softer compared to the previous government which was intended to outlaw the recreational use of cannabis. This new move calls for licensing rules on cannabis planting, sales, exports and imports to be tightened. Current growers, suppliers, and cannabis businesses are required to apply for new licenses or permits. The ministry will soon submit the bill for cabinet approval before forwarding it to parliament for deliberation. If approved, the Public Health Ministry will become the sole licensing authority responsible for issuing permits for harvesting, processing, and trading.

The bill will decriminalize all forms of the cannabis plant and the cannabis extract with tetrahydrocannabinol (THC) not exceeding 0.2%. If infringed, the individual will face harsh penalties for irresponsible recreational use. The penalty for those consuming cannabis or its extracts for uses not specified in the bill will face a fine of up to 60,000 THB. Sellers in the cannabis industry who violate the law will face a maximum 1-year jail term or 100,000 THB fines or both.

So, what’s next for the Thai cannabis industry in 2025?

As Thailand’s cannabis industry continues to evolve, the Thai government will introduce Thailand to reshape the industry with the new law in 2025. The law on cannabis use, specifically recreational use, will be stricter with licensing requirements. Although it may sound a bit more complicated, this new law will prevent misuse of the plant and encourage people to consume more responsibly. It will ensure parents and those who are concerned about the negative impacts of cannabis use among youths. However, Thailand’s unpredictable changes in the government and legislative moves leading to the future of cannabis in Thailand remain uncertain.

Conclusion

The Thai government made another shift in its stance on cannabis laws in 2024 by introducing new restrictions aimed at controlling recreational cannabis use while allowing medical applications. These changes intended to regulate cannabis cultivation, sales, and consumption more strictly. It reflects the government’s ongoing attempts to balance public health concerns with the growing cannabis market in Thailand.