The sight of cannabis plants openly displayed at the Asia International Hemp Expo held in Bangkok in November 2022 was something quite remarkable. (Photo: Somchai Poomlard)
The latest highlight is the announcement from the Public Health Ministry regarding the completion of the first draft of the much-anticipated Cannabis-Hemp Act. The biggest surprise in the announcement was the confirmation that cannabis will not be reclassified as a narcotic, a statement publicly declared by Public Health Minister Cholnan Srikaew last Friday.
Minister Cholnan prudently revealed that the updated laws are modelled on amendments to the initial 94-sections draft. The latest version now flaunts approximately 70 sections. The revisions address various public apprehensions and potential slip-throughs that might enable people to misuse cannabis for recreational activities, he explained further.
The essence of the law continues to categorize cannabis as a ‘controlled herb.’ Any extract containing over 0.2% of tetrahydrocannabinol (THC) will be classified as a narcotic, as previously stipulated.
Striking a balanced tone, Cholnan made it clear, “The ministry continues to advocate the medicinal use of cannabis. However, recreational usage is strictly disapproved of. Therefore, anyone who intends to grow cannabis, even for personal use, must obtain necessary permissions under the newly promulgated law.”
The original legislation surrounding Hemp and Cannabis permitted households to cultivate up to 15 plants for personal use, such as for alleviating certain ailments. It was a requirement to merely inform the local authorities, but under the revised enactment, they must first seek official approval.
Existing cannabis vendors, who already hold a licence, can carry on with their business operations but must adhere strictly to the new parameters in order not to violate the law. For instance, cannabis smoking inside their premises is strictly prohibited, and the sale of dried cannabis buds is not permissible.
The upcoming law will further clarify venues where the sale or usage of cannabis is outrightly banned.
Cholnan clarified, “We do not intend to clamp down on all cannabis outlets. However, stringent compliance with the law is mandatory. The incoming law will not permit these outlets to sell cannabis buds for smoking purposes or accommodate customers with smoking paraphernalia inside their premises. Previously, we experienced difficulty controlling its usage, but the current law will precisely prohibit cannabis usage for recreational purposes.”
On the question of whether smoking cannabis at home would be illegal, Cholnan conceded that this topic remains closer to the grey area pending additional public feedback.
Simultaneously, he also approached the query of whether hemp and cannabis should be governed under separate laws. He acknowledged that this proposition has been put forth. However, as per the existing law, hemp is classified under cannabis, albeit with lower THC levels, he added.
Promising transparency and public involvement, Cholnan affirmed that the ministry will open a portal for the public to peruse the newly-enacted law and welcome feedback by mid-December. The public will be granted a fortnight to express their views. The minister will then carefully assess whether the law requires further enhancement before presenting the final draft to the cabinet.
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