Medical use

Regulatory liberalization of cannabis in Thailand began on February 19, 2019 with an amendment to the 1979 Narcotics Act allowing for some limited use of cannabis for medical purposes. Prior to the amendment, all activities related to the plants and their derivatives had been heavily restricted as cannabis was classified as a category 5 narcotic in Thailand (i.e., prohibited substance).

The key regulatory body for cannabis and hemp-related products is the Thai Food and Drug Administration (Thai FDA), a government agency operating under the supervision of the Ministry of Public Health (MoPH). The Thai FDA is mainly responsible for granting and administering licenses and post-marketing control for those products under its regulatory supervision (pharmaceuticals, medical devices, cosmetics, hazardous substances and food).

Other Thai government bodies are also involved in the regulation and control of cannabis and hemp including the Department of Agriculture, operating under the Ministry of Agriculture and Cooperatives, which administers the rules on the importation of plant seeds, including cannabis and hemp seeds.

Under the 2019 amendment, modern drugs formulated with cannabis, hemp extract, or other cannabinoids required regulatory review and licensing from the Thai FDA under the Drug Act with one of the prerequisite conditions being that the cannabis must be grown in Thailand.

This licensing scheme was recently ended on June 9, 2022 when the MoPH announced the delisting of both cannabis and hemp plants and their unprocessed parts from the Narcotics Act (2021). Further, CBD extract with less than 0.2% THC by weight that has been extracted from and cannabis or hemp cultivated in Thailand is no longer classified as a narcotic. As a result, those substances are now available for medical use. With the licensing scheme under the Drug Act no longer applicable, the MoPH now licenses and thereby controls cannabis flower useage under the Protection and Promotion of Thai Traditional Medicines Knowledge Act (1999). Commercialization of hemp and other parts of cannabis currently requires no license.

Recreational use

Following the 2022 delisting, the MoPH issued additional Notifications, setting out several prohibitions on cannabis use. Notable prohibitions are the bans on the sale of cannabis flower to minors (under the age of 20), its use by pregnant and breastfeeding women, and smoking cannabis in a public place. The MoPH has consistently stated that the public policy behind the de-listing of cannabis as a narcotic was for medical wellness and economic gain and recreational use was never intended. 

Industrial use

Thailand became the first country in Asia to permit growing, selling and using the plant for both medical and other permitted purposes when it delisted both cannabis and hemp plants and their unprocessed parts from the Narcotics Code on June 9, 2022.

This delisting now allows the private sector to grow, possess, sell, and use locally-cultivated cannabis and hemp plants without requiring any license. However, the Narcotics Act still regulates cannabis and hemp extracts containing tetrahydrocannabinol (THC) of more than 0.2% by weight. Making or handling a substance having THC over said limit (0.2% per weight) still requires a license, with some limited exceptions.

This current liberalization is expected to be temporary and upon promulgation of the current draft of the Cannabis and Hemp Act, the industry is likely to face new restrictions and an enhanced licensing regime.

The importation of these products is still largely prohibited with few exceptions. These exceptions include Thai government agencies importing such goods for the treatment of patients, public academic institutions importing for research purposes, and any one importing for clinical trials, subject to the licensing procedures of the Thai FDA under the Herbal Products Act.

Agriculture

Thai nationals may cultivate cannabis and hemp plants without a license. Hemp, cannabis and their unprocessed parts and crude resins (except cannabis flowers and resins therefrom) may be traded freely in Thailand without the requirement of a license. Cannabis flowers and their derivatives may be traded under license issued pursuant to the Protection and Promotion of Thai Traditional Medicines Knowledge Act (1999). 

For companies, agricultural activities, including growing cannabis or hemp, are still reserved for Thai majority-owned companies under the Foreign Business Act (1999).

Crop Processing and Infrastructure

The Cannabis and Hemp Act drafting committee (Committee) has announced its plan to organize cultivation into three classes. Small cultivators, with no more than 10 plants per household, may not have to pay fees to the State, but will have to notify the Thai FDA of their growing activities. Medium cultivators, with less than 32,000 square meters (less than 20 rai) of crop, will have to go through additional bureaucratic procedures and pay fees. Large cultivators, with over 32,000 square meters (more than 20 rai) of crop, will be considered commercial cultivators and require FDA approval. In addition, large cultivators will also have to obtain a license and pay remuneration to the State. If the payment scheme remains unchanged, payments and receipts will be required to be submitted to the FDA on a monthly and yearly basis.

The Committee has decided that modern practice and traditional physicians, and other healthcare professionals cultivating cannabis for medical purposes shall only be required to notify the FDA. This is similar to the requirements for small cultivators.

Food

Under the Food Act, finished food products, food supplements, food additives, and beverages may contain cannabis or hemp, specifically, hemp seeds, hemp seed oil, hemp seed proteins, parts of hemp, parts of cannabis (except flower) or CBD extract. Handling of such food products requires regulatory approval in the form of a Thai FDA license under the Food Act.

Cannabis parts are allowed as food ingredients in ready-to-eat foods (e.g. those cooked and served in restaurants), with the exception of flowers and seeds. Hemp parts are also allowed as food ingredients with the exception of flowers. Handling of such ingredients requires regulatory compliance with the Food Act.

Cosmetics

Cosmetic products may contain hemp seeds, parts of hemp, parts of cannabis or CBD extract, provided that such raw materials are obtained from plants grown in Thailand. Cannabis seeds, cannabis seed oils, and flowers of cannabis and hemp, are prohibited from cosmetic product formulations regardless of their origins.

The Herbal Products Act governs the use of cannabis oils, Thai traditional medicines, cosmeceuticals and nutraceuticals.

Domestically produced cosmetics containing cannabis or hemp are governed by the Cosmetics Act. In addition to obtaining a Thai FDA license for cosmetics, the products themselves must comply with the specifications prescribed by the Ministerial Notifications pursuant to the Cosmetics Act.

Patentability

Since cannabis legalization took effect on February 19, 2019, patentability has been examined against the previously established rules of the Patents Act. Generally, an application related to cannabis is eligible for a patent if it is not for recreational purposes, not a diagnostic or therapeutic method and not the plant itself, its part, or mere crude extract.

Additionally, on October 2021, Cannabis L. genus was recognized as eligible for protection as a new plant variety under the Plant Variety Protection Act (1999).

Latest developments

Since the 2022 delisting, the Thai FDA has announced that they have registered over a thousand cannabis- related products, including herbal products, food, and cosmetics.

As of the date of this information, the laws and regulations on cannabis in Thailand are currently under a transitional period. The draft Cannabis and Hemp Act (an expected omnibus law governing remaining unsettled issues on the topic), has not progressed onto published law at the end of the Parliamentary term of February 2023. Following the next General Election to be held in May 2023, the policy of the next winning party or coalition government towards cannabis and hemp remains to be seen.