Cannabis Dispensaries and E-commerce in Thailand
The delisting of Thai cannabis on June 9, 2022, was a watershed moment for today’s new cash crop. Not only are cannabis farmers overjoyed that such a step has been taken, but it has also prompted the establishment of a slew of cannabis dispensaries in Bangkok and other popular tourist destinations in Thailand, such as Chiang Mai, Pattaya, Phuket, and numerous islands.
Vulnerable populations, such as children accessing cannabis, have also become hot topics. Some initially criticized the Thai Ministry of Health (MOPH) for its policy of allowing the sale of cannabis with few restrictions. On June 17, 2022, MOPH followed with the announcement Re: Controlled Herbs (Cannabis) under Thailand’s Traditional Medical Knowledge Act, which appears to have implemented a workable mechanism to control cannabis dispensaries. This ad contained bans on selling cannabis to vulnerable populations and on smoking cannabis in public. In addition, the draft Cannabis and Hemp Act include provisions related to sales and distribution channels and advertising for individual pharmacies. However, due to disagreements between political parties during the reading of the law, the draft law has been delayed and is unlikely to be implemented before the end of this year. The tug-of-war between political parties has sparked concerns over whether the country’s cannabis policy will be reviewed and whether cannabis will be allowed back as a narcotic.
Although it is unknown when the Cannabis and Hemp Act will be implemented, the MOPH has put a lot of effort into closing loopholes that allow cannabis abuse. The MOPH Minister has announced that the MOPH Announcement of June 17, 2022, will be rescinded and replaced by the November 11, 2022, Announcement on Controlled Herbs (Cannabis). Contrary to the previous announcement, the new announcement states that only the inflorescences of marijuana (Cannabis sativa) are controlled herbs. Any dispensary selling such buds must first obtain a license from MOPH. Dispensaries that sell other parts of the marijuana plant (but not the bud) or hemp do not require a license. Similar to the previous announcement, it is forbidden to sell marijuana buds to anyone under the age of twenty or pregnant or breastfeeding women. In addition, the new ad prohibits the following:
- Selling marijuana inflorescence for smoking at a dispensary;
- Selling marijuana inflorescence via vending machine, electronic channel, or computer network;
- Any channel can be used to promote marijuana inflorescence.
This new revelation will have the greatest impact on dispensaries and online e-commerce platforms. It could be a potent vehicle for driving cannabis liberalization forward while waiting for the draft Cannabis and Hemp Act to be approved. Nonetheless, Thailand’s legislative procedures are complicated. MOPH announcements must be published in the Government Gazette before they can be implemented, according to the Thai Traditional Medical Knowledge Act. However, the cabinet prefers that this new MOPH announcement not be published in the Government Gazette at this time, instead requesting that it be reviewed by the Ministry of Justice’s Office of the Narcotics Control Board (ONCB). The MOPH may need to revise the announcement after receiving feedback from the ONCB.
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