The future of Thailand’s cannabis industry is up in the air after a new legal challenge could bring everything to a screeching halt. In response, advocates in the country are mobilizing today in Bangkok to fight back.

An order, issued by Thailand’s Public Health Ministry, effectively removed cannabis from the country’s Category 5 narcotics list on June 9. Under those regulations, marijuana and hemp cultivation and commerce were legalized. Restaurants and cafes are permitted to sell foods and beverages infused with cannabis, but only if they contain no more than 0.2% THC. Products with higher concentrations of THC are permitted, but only for medicinal purposes.

Things didn’t go over well with the opposition, however, and Thailand’s cannabis industry was slammed for its lack of basic controls. The opposition argues that Health Minister Anutin Charnvirakul caused social problems for the country and violated local and international laws by issuing the decriminalization order. In response to the growing criticism, the Public Health Ministry announced a new ministerial rule to better control the promotion and sale of cannabis flower, but the law has not yet taken effect.

The Central Administrative Court on Monday accepted a lawsuit spearheaded by Smith Srisont of Thailand’s Medical Council and MPs from opposition political parties who seek to revoke the decriminalization order. Srisont is a member of the Medical Council and president of the Forensic Physician Association of Thailand. His lawsuit names Charnvirakul and the Narcotics Control Board (NCB) as co-defendants.

The political parties opposed to cannabis include Move Forward, Pheu Thai, Thai Liberal, Thai People Power, and Prachachat parties.

Cannabis advocates in the area, however, aren’t going to accept the current legal challenge and are making efforts to have their voices heard.

Cannabis Advocates Fight Back

One of Thailand’s top cannabis advocates Chokwan “Kitty” Chopaka announced on Facebook that she and other dispensary owners would rally together at noon on November 22 at the Government House in Bangkok to protest against the lawsuit that could end everything. 

“Dropping by different dispensaries around Sukhumvit to invite them to attend the protest tomorrow which went better than what I thought, I guess having your business threaten can make people quite active,” Chopaka posted on Facebook, translated from Thai.

“I apologize if I could not personally invite every dispensary, and I would like to take this time to invite all dispensaries to come out and protest against the Narcotics Control Board re-criminalizing cannabis again. Which means that all dispensaries may get shut down.”

“Those that do not want their businesses shut down. Those that do not want their investment disappeared. Those that do not want to hide their grow again. Those that want to sell cannabis legally. Those that do not want to go back to getting piss tested. Those that want to see cannabis stay legal, come and join us.”

ABC News reports that about 200 people showed up to the rally at the Government House in Bangkok. “We want to ensure that these politicians are not trying to put cannabis on the narcotics list again. If that happens, our fight for years will mean nothing,” Akradej Chakjinda, a coordinator of Cannakin, a network of cannabis decriminalization supporters, told The Associated Press.

A proposed bill, the Cannabis Act, would implement Anutin’s decriminalization policy, and will be introduced in Parliament on November 23.

Another advocate, Soranut “Beer” Masayavanich, owner of Sukhumweed dispensary, announced that another group will gather at the Ministry of Public Health to discuss the upcoming Cannabis Act with Charnvirakul. 

“We aim to create mutual understanding on benefits that cannabis will bring,” Beer stated. “We insist that decriminalizing cannabis brings benefits to several sectors from tourism and economy to agriculture.”

Opposition leaders say that it is better to put cannabis back on the country’s banned narcotics list until the proper legislation is put into place. 

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A proposed bill that would have brought greater regulation to cannabis use in the country was withdrawn by lawmakers in Thailand on Wednesday, the latest attempt by the government to get a handle on a burgeoning marijuana industry.

Bloomberg reports that lawmakers “in the House of Representatives voted 198 to 136 to pull the bill and send it back to the drafting committee for further revision late on Wednesday.”

The bill “passed the first reading in June and was designed to give the government more control over the industry,” and “may now be reintroduced in November,” according to Bloomberg.

“The bill doesn’t control cannabis but even promotes it, leaving room for its use to stray from medical to extremely recreational,” said Thai lawmaker Sutin Klangsang, as quoted by Bloomberg. “We’re afraid that children and people will smoke it and become addicted.”

The proposed bill follows the Thai government’s decision in June to decriminalize marijuana, which made it the first country in Asia to do so.

The new policy has led to the opening of several cannabis cafes in the country’s capital city, Bangkok, much to the dismay of government officials there.

Last month, Thailand’s health minister Anutin Charnvirakul issued a blunt message to would-be tourists looking to visit the country for an easy toke.

“We don’t welcome those kinds of tourists,” Anutin told reporters at the time.

The new decriminalization law removed cannabis from the country’s list of banned substances, but officials such as Anutin insisted at the time that it should not be construed as the legalization of recreational pot use.

“It’s a no,” Anutin said in June. “We still have regulations under the law that control the consumption, smoking or use of cannabis products in non-productive ways.”

“We [have always] emphasized using cannabis extractions and raw materials for medical purposes and for health,” Anutin continued. “There has never once been a moment that we would think about advocating people to use cannabis in terms of recreation — or use it in a way that it could irritate others.”

He added: “Thailand will promote cannabis policies for medical purposes. If [tourists] come for medical treatment or come for health-related products then it’s not an issue but if you think that you want to come to Thailand just because you heard that cannabis or marijuana is legal … [or] come to Thailand to smoke joints freely, that’s wrong. Don’t come. We won’t welcome you if you just come to this country for that purpose.”

But perhaps not surprisingly, that is exactly what has happened in the months following the enactment of the new law.

Reuters reported last month that the new measure “has led to an explosion in its recreational use,” even though “that government officials – concerned about negative effects on health and productivity often linked to uncontrolled use of the drug – have retro[s]pectively tried to discourage.”

That set the stage for members of parliament to get their arms around the new law this week.

Bloomberg has more details on the bill that fizzled out on Wednesday: “The parties opposed to the cannabis bill in its current form have threatened to vote against the legislation unless the revised version clamped down on recreational smoking. They are also against a clause that allows households to register and grow up to 15 cannabis plants. The opposition to the bill was also seen as a political tussle ahead of a general election due to be called by March. The passing of the bill would hand a fresh victory to Health Minister Anutin Charnvirakul’s Bhumjaithai Party, which led the drafting of the bill and spearheaded cannabis liberalization as part of its campaign promises during the 2019 general election.”

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Thailand removed cannabis from the nation’s list of banned drugs on Thursday, making the country the first Asian nation to decriminalize pot. Government officials warned, however, that the move does not legalize cannabis for recreational purposes.

Under Thailand’s new regulations, marijuana and hemp cultivation and commerce are no longer illegal. Restaurants and cafes will be permitted to sell foods and beverages infused with cannabis, but only if they contain no more than 0.2% THC. Products with higher concentrations of THC are permitted for medicinal purposes.

Boosting Economic Growth

Anutin Charnvirakul, the Thai health minister and deputy prime minister, told CNN before the policy reform was enacted that legalizing cannabis will help foster economic growth and development in Thailand. But he added that the non-medical use of high-THC cannabis is still not allowed under decriminalization.

“It’s a no,” Anutin said, referring to the legalization of recreational cannabis. “We still have regulations under the law that control the consumption, smoking or use of cannabis products in non-productive ways.”

Thailand is retaining strict penalties for the recreational use of cannabis. Under the country’s Public Health Act, smoking cannabis in public can be punished with a fine of about $800 and up to three months in jail.

“We [have always] emphasized using cannabis extractions and raw materials for medical purposes and for health,” Anutin said. “There has never once been a moment that we would think about advocating people to use cannabis in terms of recreation — or use it in a way that it could irritate others.”

The health minister also had a warning for tourists who may believe that Thailand’s new stance on cannabis presents an opportunity to simply enjoy weed. While cannabis tourism for medicinal purposes will be permitted, recreational use is still not allowed, particularly in public places.

“Thailand will promote cannabis policies for medical purposes,” said Anutin. “If [tourists] come for medical treatment or come for health-related products then it’s not an issue but if you think that you want to come to Thailand just because you heard that cannabis or marijuana is legal … [or] come to Thailand to smoke joints freely, that’s wrong. Don’t come. We won’t welcome you if you just come to this country for that purpose.”

Leading the Way on Cannabis Reform in Asia

In 2018, Thailand became the first Southeast Asian nation to legalize cannabis for medical use. Two years later, the Thai cabinet approved amendments to the country’s drug laws to allow for the production and sale of medical marijuana, including cannabis flower. Last month, the Thai government announced that the country would remove cannabis from its list of banned substances and permit the home cultivation of an unlimited number of plants for medical purposes. At the same time, Anutin said that the health and agricultural ministries would collaborate to distribute one million free cannabis plants for residents to grow at home for medicinal purposes.

“This will enable people and the government to generate more than 10 billion baht (nearly $300 million annually) in revenue from marijuana and hemp,” Anutin said after making the announcement. “Meanwhile, people can showcase their cannabis and hemp-related products and wisdom and sell their products nationwide.”

He added that cannabis decriminalization and initiatives such as the distribution of free plants will help fuel the growth and development of agriculture and commerce in Thailand.

“We expect the value of [the cannabis] industry to easily exceed $2 billion dollars,” he told CNN, highlighting recent incentives such as collaborating with the Agriculture Ministry to distribute 1 million free cannabis plants to households across the country. “Thailand, from what I was told, is one of the best places to grow cannabis plants.”

With Thailand’s new policy going into effect, the country planned to release about 3,000 prisoners incarcerated for marijuana or hemp offenses on Thursday. However, law enforcement agencies seem eager to continue the harsh prohibition of the past. Only last week, police in the eastern province of Chonburi arrested a 56-year-old woman for growing one potted cannabis plant, which plainclothes officers had noticed growing in her home through her bedroom window. Her husband later said that the woman has high blood pressure and diabetes so the couple was growing the plant to add to their food. The health minister said that the four officers involved in the case had been reprimanded and disciplined.

“They were given warnings and suspended. They did not obey the law we have just established,” Anutin said. “However, we need to [educate] ordinary people and the law enforcers and let them know how far they can go in terms of using cannabis content … within the legal framework. This is what we have been trying to do, to give as much information as we can to educate people.”

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Let the planting begin. Thailand’s government leadership signaled optimism regarding the country’s recent shift in medical cannabis reform with a massive plant giveaway.

Thailand Public Health Minister Anutin Charnvirakul said he will offer households 1 million cannabis plants for free in a May 8 Facebook post. Furthermore, beginning on June 9, Thailand residents will have the freedom to grow “as many cannabis plants” as they like in their own homes for medical purposes, according to Charnvirakul.

The Nation Thailand reports that the homegrown cannabis must be grown for medical purposes. Licensing will not be required for home cultivation, unlike commercial cannabis and hemp companies in the country.

“This will enable people and the government to generate more than 10 billion baht [$288,846,200 per year] in revenue from marijuana and hemp,” Charnvirakul said. “Meanwhile, people can showcase their cannabis and hemp-related products and wisdom and sell their products nationwide.”

Thailand became the first Southeast Asian country to legalize medical cannabis in 2018. In 2020, the Cabinet in Thailand has approved amendments to the country’s narcotics act which would allow for private production and sale of medical cannabis. Last January, Thailand also became the first country in Asia to legally allow cannabis.

Licensed companies in Thailand can sell hemp products with less than 0.2 percent THC—a tad bit more strict than the 0.3 THC limit imposed on hemp in the United States.

While home cultivation of medical cannabis will have few restrictions, large cannabis-related businesses must request permission to operate from the Thailand Food and Drug Administration, he added.

People who grow commercially without first obtaining permission from the government will face a fine of up to 20,000 baht ($577.76). People who sell commercial cannabis without a license face a fine of up to 300,000 baht ($8,665.76) or three years in jail, or both.

The intention is to redefine cannabis as a “household crop,” and it’s the latest maneuver in Thailand’s plan to transform cannabis into a cash crop.

About one-third of Thailand’s entire labor force works in agriculture, according to The World Bank.

The Free Market in Thailand

Charnvirakul added that he wants to allow entrepreneurs and businesses to compete freely in Thailand’s cannabis market.

After legalizing medical cannabis in 2018, the country reportedly saw its own “Green Rush,” primarily composed of infused edibles, drinks, and cosmetics companies with a big focus on hemp-derived cannabinoids like CBD as well as terpenes. This took place after the use of hemp-derived ingredients were approved for use in edibles and cosmetics.

Dirk De Cuyper, CEO of S Hotels and Resorts told Benzinga that it is a destination for medical tourism, when asked about the country’s latest developments.

Businesses such as Chopaka, OG Papers, and Bloom discussed the blossoming cannabis community in Thailand. “The new market is interesting,” entrepreneur Kitty Chopaka told High Times in March, representing a terpene-infused gummy company. “Because we’re in Asia, many people are curious but don’t want to get high.”

Despite the new focus on medical applications, cannabis is well-known in the country for recreational purposes as well. Legendary Thai Sticks have been supplied on and off to the U.S. since the Vietnam War. Only the finest sativas were chosen, tied with silk to bamboo or hemp stalks, and rolled in hash oil (or opium). Reportedly it was the highest quality weed around in the 70s. The modern equivalent might be a strong canna cigar. According to Danny Danko in 2015, Thai Sticks fell out of favor years ago as some farmers in the lowlands of Thailand were forced to switch from the cultivation of the country’s stellar sativas for more profitable poppy plants.

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