What This New Cannabis Law Is and Why It Matters

On April 30, B.E. 2569 (2026), the Royal Gazette of Thailand published the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes (No. 2) B.E. 2569. The regulation was signed by Mr. Patthana Promphat, Minister of Public Health, on April 29, B.E. 2569, and was published in Volume 143, Part 28 ก of the Royal Gazette. It is issued under Section 4 paragraph one, Section 46 paragraph two, and Section 49 paragraph two of the Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (1999).

This is a direct amendment to the original 2559 (2016) Ministerial Regulation that has governed licensing for research, export, sale, and processing of controlled herbs for commercial purposes since December 9, 2016. It does not replace the entire framework. It surgically inserts new licensing criteria, new operational obligations, and new renewal restrictions that apply specifically to the cannabis flower (cannabis inflorescence, ช่อดอกกัญชา), which since June 26, 2025 has been classified as a controlled herb under the Act.

For cannabis business operators in Thailand, this is the regulation that converts the policy direction announced in 2025 into enforceable, day-to-day licensing requirements. Anyone holding a license to export, sell, or process cannabis flower for commercial purposes, anyone applying for a new license, anyone planning to renew, and anyone considering entry into the regulated cannabis market in Thailand should read this regulation carefully and adapt their compliance program accordingly. For their customers, especially patients and clinics buying or sourcing cannabis flower, the regulation tightens the chain of custody and reinforces that lawful cannabis flower in Thailand now exists only inside a closed, licensed, medically oriented system.

This article from Juslaws & Consult explains exactly what changed, what to do now, and what is at stake for cannabis license holders, applicants, dispensaries, growers, processors, exporters, and patients. It is written from the perspective of a Thai law firm that has advised cannabis operators since the legalization wave of 2022 and through the regulatory reset that began in 2025. For a recap of the prior amendment that classified the cannabis flower as a controlled herb, see our earlier analysis on the Amendment to Cannabis Law on 25 June 2025.

The Legal Framework Behind the New Regulation

To understand the 2569 amendment, it helps to see the layered structure of Thai cannabis law as it now stands. Cannabis in Thailand is no longer governed by narcotics law. It was removed from the narcotics schedule in 2022. The flowering parts of the plant were then moved under a separate regulatory regime: the Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542, administered by the Department of Thai Traditional and Alternative Medicine (DTAM) within the Ministry of Public Health. Other parts of the plant (leaves, stems, roots, seeds outside certain extracts) and most cannabis-derived products fall under different statutes such as the Herbal Product Act B.E. 2562 or the Narcotics Code (for extracts above 0.2 percent THC).

The Act of 2542 gives the Minister of Public Health the power, in Section 44, to designate plants as "controlled herbs" (สมุนไพรควบคุม) when control is necessary to protect them or to regulate their use. Section 45 lets the Minister set conditions on how a controlled herb may be possessed, used, sold, exported, or processed. Section 46 then states the operative rule for commercial actors: any person who wishes to study, research, export, sell, or process a controlled herb for commercial purposes must first obtain a license. Section 49 provides the rule-making authority for the Minister to issue ministerial regulations that prescribe the criteria, methods, and conditions for license applications and approvals.

The 2559 Ministerial Regulation was the foundational rulebook that operationalized Sections 46 and 49. It set out who can apply, what documents to file, who decides, how renewal works, and the basic conditions of a controlled-herbs license. Until April 30, 2026, that 2559 framework applied uniformly to every controlled herb on the list, including the small, mostly traditional list that pre-existed the cannabis era (such as kwao krua and a handful of other species).

What the 2569 amendment does is recognize that cannabis flower is not the same as kwao krua. Cannabis flower carries public health, public order, odor, and youth-protection concerns that the legacy framework was never built for. The amendment therefore overlays a stricter, cannabis-flower-specific layer of requirements on top of the general controlled-herbs license, while leaving the general framework intact for all other controlled herbs. This is a textbook example of risk-based, herb-specific regulation rather than a wholesale rewrite.

Snapshot of What the New Regulation Changes

The amendment is short by Thai standards (nine articles, four pages in the Royal Gazette), but each article touches an operational nerve. The table below summarizes what each article does and which class of operator should pay attention to it.

Article	What It Does	Who It Affects Most
Article 1	Updates definitions of "government agency" and "Director-General" in the 2559 regulation. Government agency now expressly includes public organizations, other state agencies, and the Thai Red Cross Society. Director-General now refers to the Director-General of the Department of Thai Traditional and Alternative Medicine.	State research bodies, public hospitals, the Thai Red Cross, and any government applicant.
Article 2 (new Article 4/1)	Imposes additional documentary requirements specifically for cannabis-flower license applications, on top of the general documents in Article 2 of the 2559 regulation.	All new applicants for export, sale, or processing of cannabis flower.
Article 3 (new Article 8/1)	Introduces four substantive approval criteria specific to cannabis flower: ownership/possession of premises, dedicated storage, qualifying applicant status, and at least one DTAM-trained staff on duty.	Anyone applying for or holding a cannabis-flower license.
Article 4 (new Article 10 paragraph 2)	Requires every cannabis-flower licensee to install an effective odor and smoke elimination system at the premises.	Dispensaries, processors, and any urban or mixed-use site.
Article 5 (revised Article 11 paragraph 2)	License renewals must be re-assessed against Articles 6, 7, 8, and the new Article 8/1 mutatis mutandis.	Every existing licensee at renewal time.
Article 6 (new Article 11 paragraph 3)	Bars renewal of any license where the licensee was previously suspended for non-compliance with Ministry of Public Health Notifications under Sections 44 and 45.	Operators who have ever been suspended.
Article 7 (revised Article 13(1))	Updates the name of the central licensing authority to the Department of Thai Traditional and Alternative Medicine (reflecting the prior renaming from the Department for Development of Thai Traditional and Alternative Medicine).	All applicants filing centrally in Bangkok/Nonthaburi.
Article 8	Existing cannabis-flower licenses already issued under the 2559 regulation remain valid until their natural expiry date.	Current licensees, who are protected from immediate revocation but must comply on renewal.
Article 9	Pending applications filed before April 30, 2026 are deemed applications under the amended regulation; the licensing authority may direct applicants to bring their files into compliance.	Anyone with a license application currently in the queue.

The Updated Definitions of "Government Agency" and "Director-General"

Article 1 of the new regulation rewrites two definitions in Article 1 of the 2559 regulation. "Government agency" (หน่วยงานของรัฐ) now expressly covers ministries, bureaus, departments and other entities with departmental status, regional administration (ราชการส่วนภูมิภาค), local administration (ราชการส่วนท้องถิ่น), state enterprises, public organizations (องค์การมหาชน), other state agencies, and the Thai Red Cross Society (สภากาชาดไทย). The definition of "Director-General" (อธิบดี) is updated to mean the Director-General of the Department of Thai Traditional and Alternative Medicine, reflecting the renaming of the agency from the former Department for Development of Thai Traditional and Alternative Medicine.

The substantive impact is twofold. First, public organizations such as government research foundations, the Thai Red Cross Society and similar quasi-state bodies are now squarely inside the definition of an entity that can apply, hold, or use a controlled-herbs license under streamlined rules available to government agencies. This is meaningful because the Act and the 2559 regulation provide certain procedural easings for state actors, including in research contexts. Second, the renaming alignment removes a recurring point of administrative friction where filings still referenced the old department name on forms and supporting documents.

The New Documentary Requirement for Cannabis-Flower License Applications

Article 2 of the amendment inserts a new Article 4/1 into the 2559 regulation. Its function is to make sure the licensing authority has the information it needs to apply the new cannabis-flower-specific criteria in Article 8/1 (described below). In practical terms, when an applicant files for a license to export, sell, or process cannabis flower for commercial purposes, that applicant must, in addition to the standard package of documents under Article 2 of the 2559 regulation, submit the data, documents, and evidence necessary to demonstrate compliance with the new Article 8/1 criteria, in the format that the Director-General will publish in the Royal Gazette.

Operationally this means there will be (or already is in draft) a new prescribed application form issued by the Director-General of DTAM specifically for cannabis-flower licenses, which captures the additional information on premises ownership, storage, applicant status, and trained staff. Applicants and counsel should monitor the DTAM Royal Gazette announcements and the DTAM website for this revised form. Filing on the legacy 2559 form alone, without the additional cannabis-flower information, is no longer sufficient and is grounds for the licensing authority to require a corrective filing under Article 9 of the new regulation.

The Four New Substantive Approval Criteria for Cannabis-Flower Licenses

Article 3 of the amendment is the centerpiece. It inserts a new Article 8/1 into the 2559 regulation and lists four cumulative criteria that apply only to applications for licenses to export, sell, or process cannabis flower for commercial purposes. These criteria sit on top of the general Article 8 criteria that already apply to all controlled-herbs licenses. An application that fails any one of the four is to be refused.

Ownership or Possession of the Premises

The applicant must hold ownership or possessory rights (สิทธิครอบครอง) over the premises listed in the application. If the applicant is not the owner, the application must include a written consent (หนังสือแสดงความยินยอม) from the owner. This codifies a control point that licensing officers had been applying informally and forces transparency about lease arrangements, sub-leases, and shared-space situations that became common in the dispensary boom.

For operators who run from leased shophouses, mall units, or co-located clinic spaces, the lease and the owner consent letter must be in order before filing. For groups operating multiple outlets through nominee landlords or affiliated entities, this is the moment to clean up the paperwork. Our team frequently advises on lease audits and corporate restructuring of operating entities; for related corporate work see our practice page on Company Registration in Thailand.

Dedicated, Quality-Preserving Storage for Cannabis Flower

The applicant must have a storage location for cannabis flower that is appropriately sized for the planned export, sale, or processing volumes, and equipped to keep the flower in good quality. The regulation specifically requires that cannabis flower be stored separately, not mixed with other materials, and not in direct contact with the floor. While the regulation does not prescribe exact temperature or humidity figures, the obligation to "preserve quality" reads directly onto the established Good Storage Practice expectations applied by DTAM and the Thai FDA, which include controlled humidity, temperature, and light protection, with stock elevated on pallets or shelving.

This requirement formalizes a practice that GACP-certified growers and many serious processors already follow but eliminates the loophole where dispensaries kept flower on open counters or in retail-grade displays. Going forward, the storage area is itself a licensable feature of the premises and is subject to inspection.

Qualifying Applicant Status

The applicant must hold at least one of the following qualifying statuses. This is the most consequential element of Article 8/1 because it ties the right to handle cannabis flower commercially to a recognized health-sector or cultivation status:

• A hospital operating license under the Sanatorium Act (Sanatorium law).
• A herbal product manufacturing or sales license under the Herbal Products Act B.E. 2562.
• A pharmaceutical (drug) manufacturing or sales license under the Drug Act.
• A license to manufacture Category 5 narcotics, specifically for cannabis or hemp extracts, under the Narcotics Code.
• A folk healer (หมอพื้นบ้าน) certification under the Thai Traditional Medical Practice Act.
• Or, alternatively, the operator must be a cultivator with a cultivation site that supplies licensed buyers under Section 46 of the parent Act.

What this list signals is that the freestanding "dispensary" model that proliferated in 2022 and 2023, where a retailer simply held a controlled-herbs sale license under Section 46 with no underlying medical, pharmaceutical, herbal-product, or healer credential, is on its way out. New applicants will need to slot into one of the categories above. Existing operators who do not yet meet any of these statuses should plan now for a transition: register a Thai herbal-product sales license, obtain a sanatorium license to operate as a clinic or traditional pharmacy, partner with a licensed practitioner, or pivot the business toward upstream cultivation under the (b) pathway. We assist clients with each of these tracks through our broader corporate and regulatory practice and through specific cannabis-business advisory work referenced on our Setting Up a Cannabis Business in Thailand page.

At Least One Trained Staff Member on Duty at All Times

The applicant must employ at least one staff member who has completed training from the Department of Thai Traditional and Alternative Medicine, and that trained staff member must be present at the establishment throughout opening hours. This is a continuous staffing obligation, not a one-off training certificate sitting in a file. Operators with multiple locations and extended opening hours need to staff each shift and each branch with at least one DTAM-trained person.

DTAM publishes its training calendar and curriculum on its official website. Operators should map staff rosters to opening hours, build a training pipeline so that no branch becomes non-compliant due to staff turnover, and document training completion in employee files for inspection.

The New Odor and Smoke Elimination Requirement

Article 4 of the amendment inserts a second paragraph into Article 10 of the 2559 regulation. For licensees in the cannabis-flower category, in addition to the general operating duties already in Article 10, the premises must have an effective odor and smoke elimination system in place. The Thai text uses the phrase "ระบบกำจัดกลิ่นและควันที่มีประสิทธิภาพ", which the Department interprets in line with its dispensary inspection guidance: this means activated carbon filtration, sealed extraction systems, negative-pressure design where appropriate for processing rooms, and visible measures to prevent nuisance to neighbors.

This article responds directly to community complaints that drove much of the political pressure for the 2025 reset, and it gives municipal health officers a clear, documentable hook for enforcement. Operators should expect odor and smoke compliance to be a primary inspection focus in 2026 and 2027. Retrofit budgets should be set aside for older dispensary build-outs that did not contemplate ducted extraction.

Tougher Renewal Conditions and a New Renewal Bar

Articles 5 and 6 of the amendment together transform license renewal from a largely administrative event into a substantive re-qualification.

Article 5 rewrites the second paragraph of Article 11 of the 2559 regulation so that the consideration of a renewal application, and the decision to grant renewal, must apply Articles 6, 7, 8, and the new Article 8/1 mutatis mutandis. In effect, every existing cannabis-flower licensee, at the time their license comes up for renewal, must demonstrate that they currently meet the four new substantive criteria (ownership/possession of premises, dedicated storage, qualifying applicant status, and trained staff on duty). A licensee whose business no longer satisfies even one of these criteria can be denied renewal.

Article 6 then adds a third paragraph to Article 11 with a much harder rule: if the licensee has ever previously had its license suspended for non-compliance with Ministry of Public Health Notifications issued under Sections 44 and 45 of the Act, the licensing authority shall not renew the license. This is not discretionary. The use of "shall not" (ให้ผู้อนุญาตพิจารณาไม่ต่ออายุใบอนุญาต) leaves no room for the renewing officer to overlook a past suspension. For operators with a checkered compliance history, this paragraph effectively converts a previous suspension into a de facto end-of-life clock for the license.

The notifications under Sections 44 and 45 referenced here include the Notification of the Ministry of Public Health re Controlled Herbs (Cannabis), the conditions on use of controlled herbs, and the related Notifications that prescribe operating restrictions such as the prescription-only sale rule, the ban on sale to minors and pregnant women, the ban on advertising, and the prohibition on consumption on the premises. Suspension records are held by DTAM and provincial public health offices and will be checked at renewal.

Updated Filing Authority and Treatment of Existing Licenses and Pending Applications

Article 7 of the amendment cleans up Article 13(1) of the 2559 regulation, replacing the legacy reference to the old Department name with the current "Department of Thai Traditional and Alternative Medicine, Ministry of Public Health". Article 8 then provides important transitional protection for existing licensees: a license to export, sell, or process cannabis flower already issued under the 2559 regulation continues in force until its expiry date. The new rules apply at renewal, not retroactively to revoke existing licenses.

Article 9 deals with applications that were filed but not yet decided when the amendment took effect on April 30, 2026. Those applications are deemed to be applications under the amended regulation. Where a pending application is materially out of line with the new criteria, the licensing authority may order the applicant to take corrective steps to bring the application into compliance. Practically, applicants whose files are sitting at DTAM should expect a deficiency notice if they have not already supplemented their application with the cannabis-flower-specific information now required by Article 4/1 and Article 8/1.

What Operators Should Do Now

For operators currently holding a license, the most important step is a structured self-audit against the new Article 8/1 criteria, scheduled well in advance of the next renewal. The audit should establish, on documentary evidence, that the operator has clean title or a valid lease plus owner consent for each licensed premises, that the cannabis-flower storage area is segregated and properly equipped, that the operator currently holds at least one of the qualifying licenses or healer certifications, and that the staff roster maps DTAM-trained personnel to every shift at every location. Where any element fails, remediation should begin immediately: lease renegotiation, storage build-out, application for the missing companion license, or a hiring-and-training plan. Suspension records should be reviewed against the Article 11 renewal bar, and where a past suspension exists, restructuring options including transferring the licensed business to a clean entity must be evaluated carefully against the regulator's anti-circumvention scrutiny.

For new applicants, the threshold question is no longer "can I get a license" but "do I have a credible underlying medical, pharmaceutical, herbal-product, healer, or cultivation status to anchor the cannabis-flower license to". Until that anchor is in place, an application is unlikely to clear Article 8/1(3). Many entrants will find that the most efficient path is to first secure a Herbal Products Act sales license or a sanatorium clinic license, and then layer the cannabis-flower license on top. Foreign investors should remember that several of these underlying licenses are subject to the Foreign Business Act and may require a Foreign Business License or a BOI promotion to operate as a majority foreign-owned business; see our practice pages on the Foreign Business License and BOI Registration for context.

For dispensaries that have been operating in a retail mode without a clinical anchor, the realistic options are conversion (to a clinic, traditional pharmacy, or modern pharmacy with on-site licensed practitioners), partnership with a licensed clinic operator, or orderly wind-down before expiry. The 2025 closures of more than 7,000 dispensaries demonstrate that the regulator is willing to let non-compliant operators fall away. Customers of those operators, especially patients who relied on them for medical cannabis flower, should expect to obtain cannabis flower going forward only from clinics, traditional pharmacies, or modern pharmacies that hold both the underlying health-sector license and the controlled-herbs license, and should be ready to present a valid prescription from one of the recognized prescribing professions.

Cultivators should treat the new regulation as another reason to pursue and maintain GACP certification from DTAM and to formalize supply contracts with downstream Section 46 licensees. The amendment confirms the closed-loop model in which cultivators may sell only to other licensees, and licensed sellers/processors must source from GACP-certified producers.

How This Fits Into the Broader Cannabis Compliance Picture

The 2569 amendment does not stand alone. It sits inside a compliance ecosystem that any serious cannabis operator in Thailand needs to map and maintain. Cultivation continues to require coordination with the Thai FDA and DTAM for GACP and any Narcotics Code Category 5 extract activities. Product manufacturing, depending on whether the product is a herbal product, a drug, or a cosmetic, falls under the Herbal Product Act, the Drug Act, or the Cosmetics Act, all administered by the Thai FDA. Marketing communications are restricted by the Notifications issued under Sections 44 and 45, by general consumer-protection rules, and by Thailand's advertising laws. Workplace and labor rules apply to dispensary and clinic staffing. Foreign ownership in the medical and pharmacy spaces continues to be a sensitive area under the Foreign Business Act. And criminal exposure for unlicensed sale, processing, or export of cannabis flower has not gone away; it has been reinforced by the Act's penal provisions and by the Ministry's enforcement push since 2025. For criminal-side issues, our team's guidance on Drugs Offenses & Narcotic Charges in Thailand remains a useful starting reference, while our Thai FDA page covers the regulatory side.

The strategic message of the 2569 amendment, and of the broader 2025 to 2026 regulatory reset, is that cannabis flower in Thailand has been re-positioned as a medical input that flows through a closed system of licensed, accountable, and inspected operators. Businesses that align early with that model, with credible health-sector anchoring, robust storage and odor controls, trained staff, and a clean compliance record, will be well placed to operate sustainably and to acquire weaker competitors over the renewal cycles in 2026 and 2027. Businesses that do not will find renewal the harder of the two milestones, and Article 11 paragraph three will quietly close the door on those with prior suspensions.

How Juslaws & Consult Can Help

Juslaws & Consult has advised cannabis cultivators, processors, exporters, dispensary operators, clinics, and investors in Thailand since the original 2022 reform, and has guided clients through the 2025 reclassification of the cannabis flower as a controlled herb. Our work spans license applications and renewals under the 2559 regulation as amended in 2569, GACP-aligned cultivation contracts, conversion of dispensary operations into compliant clinic or traditional pharmacy formats, Foreign Business and BOI structuring for foreign investors entering the medical cannabis space, criminal defense for operators facing enforcement action, and dispute resolution between supply-chain partners. If you are reviewing the impact of the new regulation on your business, planning a renewal, preparing a fresh application, restructuring after a past suspension, or considering an investment in a Thai cannabis operation, please contact us through the form on our News & Insights page or via the contact details on our main website.

Frequently Asked Questions

When does the new Ministerial Regulation take effect?

The Ministerial Regulation (No. 2) B.E. 2569 was published in the Royal Gazette on April 30, 2026 and takes effect from the day after its publication, in line with the standard Thai practice for ministerial regulations that do not specify a different effective date. From that date, all new applications, all pending applications, and all renewals for cannabis-flower controlled-herbs licenses must be processed under the amended framework.

Does the new regulation cancel my existing cannabis-flower license?

No. Article 8 of the amendment expressly preserves existing licenses issued under the 2559 regulation; they remain valid until their original expiry date. The new criteria, including those in Article 8/1, apply when you renew or when you file a new application.

What exactly counts as a cannabis-flower license under this regulation?

The amendment applies to licenses to export, sell, or process cannabis flower (the inflorescence/ช่อดอกกัญชา) for commercial purposes. It does not apply to leaves, stems, roots, or seeds outside the controlled scope, and it does not apply to non-cannabis controlled herbs such as kwao krua. Research-only licenses follow the general controlled-herbs framework but are also affected by the updated definitions in Article 1 of the amendment.

Can a freestanding dispensary still get or keep a cannabis-flower sale license?

Only if it can satisfy Article 8/1(3) by holding one of the qualifying statuses, which include a hospital license, a herbal product manufacturing or sale license, a drug manufacturing or sale license, a Category 5 narcotics manufacturing license for cannabis or hemp extracts, a folk healer certification, or being a cultivator selling to Section 46 licensees. The pure retail dispensary model without one of these underlying credentials is no longer a viable applicant profile.

What does "effective odor and smoke elimination system" mean in practice?

The regulation does not prescribe specific equipment, but DTAM and provincial public health officers interpret the requirement to mean active extraction with activated carbon filtration, sealed processing areas where appropriate, and a documented system that prevents nuisance to neighboring premises. Operators should be able to show inspectors a maintenance log, filter replacement schedule, and an absence of complaints from the surrounding community.

What if I was previously suspended? Can I still renew?

Article 6 of the amendment, inserting a new paragraph three into Article 11, requires the licensing authority not to renew a license where the licensee has previously been suspended for breach of Ministry of Public Health Notifications under Sections 44 and 45. This is mandatory. If your business has a past suspension, you should obtain legal advice immediately, including on whether a clean successor entity can lawfully apply for a fresh license without being treated as a circumvention of the bar.

Does the regulation change the prescription-only rule for selling cannabis flower to patients?

No. The prescription-only rule comes from the 2025 Notification of the Ministry of Public Health re Controlled Herbs (Cannabis) and remains in force. The 2569 amendment adds licensing-side requirements for the operators who hold the controlled-herbs license, but it does not change the patient-facing rule that cannabis flower may only be dispensed to patients who present a valid prescription from one of the recognized prescribing professions, for a supply of up to 30 days.

How does the new regulation affect cannabis cultivators?

Cultivators are addressed through Article 8/1(3)(b), which recognizes a cultivation site supplying licensed Section 46 buyers as a qualifying applicant status. Cultivators should maintain GACP certification, document their supply contracts with downstream licensees, and ensure their cultivation premises meet the storage and quality-preservation requirements that downstream licensees will need to evidence under Article 8/1(2).

Are foreign investors still allowed to invest in cannabis-flower businesses in Thailand?

Foreign investment is permitted but is constrained by the Foreign Business Act, the Sanatorium Act (which restricts foreign ownership of certain medical establishments), and the qualifications attached to the underlying companion licenses required by Article 8/1(3). Many cannabis-related activities are categorized as restricted services for foreigners and require a Foreign Business License or a BOI promotion to operate with majority foreign ownership. Structuring options vary by activity (cultivation versus processing versus retail clinic versus export) and should be assessed case by case.

What happens to my application if it was filed before April 30, 2026 and is still pending?

Article 9 of the amendment treats your application as a pending application under the amended regulation. The licensing authority may instruct you to supplement your application with the cannabis-flower-specific information required by the new Article 4/1 and to evidence the new Article 8/1 criteria. Applicants in this position should pre-emptively prepare the additional documents rather than wait for a deficiency notice.

Where can I find the official Thai text of the new regulation?

The official Thai text is published in the Royal Gazette, Volume 143, Part 28 ก, dated April 30, B.E. 2569, available at https://ratchakitcha.soc.go.th/documents/114061.pdf. The Department of Thai Traditional and Alternative Medicine has also posted the regulation on its order page at https://www.dtam.moph.go.th/order/44677/.

Full English Translation of the Ministerial Regulation

The translation below is provided by Juslaws & Consult for the convenience of English-speaking readers. The Thai text published in the Royal Gazette on April 30, B.E. 2569 (2026) is the only legally authoritative version. The format follows the original Thai layout as published in the Royal Gazette, Volume 143, Part 28 ก.

Ministerial Regulation

on the Permission for Study, Research, or Export of Controlled Herbs,

or Sale, or Processing of Controlled Herbs for Commercial Purposes (No. 2)

B.E. 2569

_____________________

By virtue of Section 4 paragraph one, Section 46 paragraph two, and Section 49 paragraph two of the Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542, the Minister of Public Health hereby issues this Ministerial Regulation as follows.

Clause 1. The definitions of "government agency" and "Director-General" in Clause 1 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 are repealed and replaced as follows.

"'government agency' means a ministry, bureau, department, or any other government unit called by another name and having the status of a department, regional administration, local administration, state enterprise, public organization, other government agency, and the Thai Red Cross Society.

'Director-General' means the Director-General of the Department of Thai Traditional and Alternative Medicine."

Clause 2. The following provision is added as Clause 4/1 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559.

"Clause 4/1. An application for a license to export, sell, or process controlled herbs for commercial purposes for the cannabis type, specifically the inflorescence (cannabis flower), shall, in addition to the documents and evidence required under Clause 2, include the data, documents, and evidence required to satisfy the criteria for consideration of approval under Clause 8/1, in the form prescribed by the Director-General by notification published in the Royal Gazette."

Clause 3. The following provision is added as Clause 8/1 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559.

"Clause 8/1. In approving a license to export, sell, or process controlled herbs for commercial purposes for the cannabis type, specifically the inflorescence (cannabis flower), the approver shall, in addition to considering the criteria under Clause 8, also consider the following criteria:

(1) The applicant must hold ownership or possessory rights in the premises for which the license is sought. Where the applicant is not the owner of such premises, a written consent of the owner of the premises shall be attached.

(2) The applicant must have a storage location for cannabis-type controlled herbs, specifically the inflorescence (cannabis flower), of an area suitable for the volume of export, sale, or processing for commercial purposes, as the case may be, and must have equipment to maintain the cannabis-type controlled herbs, specifically the inflorescence, in good quality, including being stored separately, not mixed with other matter, and not in direct contact with the floor.

(3) The applicant must have one of the following characteristics:

(a) holding a license to operate a sanatorium under the law on sanatoriums; a license to manufacture or sell herbal products under the law on herbal products; a license to manufacture or sell drugs under the law on drugs; a license to manufacture Category 5 narcotics specifically for extracts from the cannabis or hemp plant under the Narcotics Code; or a certificate of being a folk healer under the law on the practice of Thai traditional medicine; or

(b) having a cultivation site for the purpose of selling to a licensee under Section 46.

(4) The applicant must have at least one staff member, who has completed training from the Department of Thai Traditional and Alternative Medicine, present at the establishment throughout the time the establishment is open."

Clause 4. The following provision is added as the second paragraph of Clause 10 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559.

"In the case of a licensee to export, sell, or process controlled herbs for commercial purposes for the cannabis type, specifically the inflorescence (cannabis flower), in addition to complying with the first paragraph, the establishment must be equipped with an effective odor and smoke elimination system."

Clause 5. The second paragraph of Clause 11 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 is repealed and replaced as follows.

"The consideration of an application for renewal of a license and the approval of such renewal shall apply Clause 6, Clause 7, Clause 8, and Clause 8/1 mutatis mutandis."

Clause 6. The following provision is added as the third paragraph of Clause 11 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559.

"In the case where a licensee under the first paragraph has previously been ordered to suspend the use of the license on the ground of failure to comply with a Notification of the Ministry of Public Health on controlled herbs issued under Section 44 and Section 45, the approver shall not renew the license."

Clause 7. Item (1) of Clause 13 of the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 is repealed and replaced as follows.

"(1) the Department of Thai Traditional and Alternative Medicine, Ministry of Public Health."

Clause 8. A license to export, sell, or process controlled herbs for commercial purposes for the cannabis type, specifically the inflorescence (cannabis flower), issued under the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 shall continue in force until its expiry.

Clause 9. All applications submitted before the date of entry into force of this Ministerial Regulation and still pending shall be deemed to be applications under the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 as amended by this Ministerial Regulation. Where any application differs from the criteria under the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 as amended by this Ministerial Regulation, the approver shall have the power to order the applicant to take action to bring the application into compliance with the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 as amended by this Ministerial Regulation.

Given on the 29th day of April B.E. 2569.

Patthana Promphat

Minister of Public Health

 

Note: The reasons for issuing this Ministerial Regulation are as follows. It is appropriate to amend the Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes B.E. 2559 by amending the definition of "government agency" to cover public organizations, other government agencies, and the Thai Red Cross Society, and by adding criteria, methods, and conditions for license applications and approvals to export, sell, or process controlled herbs for commercial purposes for the cannabis type, specifically the inflorescence (cannabis flower), as well as conditions for non-renewal of a license where the licensee has previously been ordered to suspend the use of the license, in order to control the use of cannabis inflorescence for medical purposes only. In addition, given that the agency name has been changed from "Department for Development of Thai Traditional and Alternative Medicine" to "Department of Thai Traditional and Alternative Medicine", it is appropriate to update this accordingly. It is therefore necessary to issue this Ministerial Regulation.