Drug offenses are strictly governed by the law of Thailand, which is stipulated under the Measure for Suppressing Narcotic Offenders Act of 1991. There are two important laws that cover such offenses, the Narcotic Act of 1979 and the Psychotropic Substances Act of 1975.
Thailand is known for its strict implementation of the laws suppressing and criminalizing the abuse of narcotics and drugs. There are cases where foreigners disregard such laws and were penalized for using or carrying the substances. In order to protect yourself, you must educate yourself regarding the laws of Thailand since, in some aspects, Thai law is quite different from the laws in the western part of the world and other countries.
1. In the Psychotropic Substances Act, the term means any psychotropic substance which is a natural substance or is derived from a natural substance or any psychotropic substance which is a synthetic substance as notified by the Minister in the Government Gazette, which is classified into four categories, known in the Act as Schedules:
2. In the Narcotics Act narcotics are defined as any form of chemicals or substances which, upon being consumed, whether by taking orally, inhaling, smoking, injecting, or by whatever means, cause physiological or mental effects in a significant manner such as the need for a continual increase of dosage, having withdrawal symptoms when deprived of the narcotics, strong physical and mental need of dosage and the health, in general, being deteriorated, and also includes plant or parts of plants which are or give the product as narcotics or may be used to produce narcotics and chemicals used for the production of such narcotics as notified by the Minister in the Government Gazette, but excludes certain formulas of household medicine under the law on drugs that contain narcotic ingredients. Section 7 of the Narcotics Act classified the Narcotics into five categories:
Provided that the names of narcotics shall be specified by the Minister in accordance with Section 8. For the purpose of this Section, medicinal opium means processed opium to be used for medicinal purposes.
For Schedule 1 and 2 Substances:
Production, exportation, and importation
- Five to 20 years AND
- 100,000 to 400,000
Carry across borders
- Not more than five years
- No more than 100,000
Possession or Consumption, including use in any other capacity
- One to five years AND
- 20,000 to 100,000 Baht
Schedule 3 and 4 Substances
Production, exportation, or importation
- No more than five years imprisonment AND
- fine no ore than 100,000 Baht
Carrying across borders
- No more than five years imprisonment AND
- fine no ore than 100,000 Baht
Possession or Consumption, including use in any other capacity
- No more than one-year imprisonment
- Fine no more than 20,000 Baht
- or both
Remember that even medicinal drugs that are available in pharmacies elsewhere in the world might be illegal in Thailand. You, therefore, need to carefully check the legality of your prescriptions before coming to Thailand.
If you are unfortunate enough to be caught with drugs or under the influence of a drug in Thailand, it is important to find a lawyer qualified in the law concerned who can explain it to you in your native language and compare Thai Laws to other laws in the rest of the world.
Thai authorities take drug-related offenses extremely seriously as it is a serious threat to public health. In large parts of Southeast Asia, strict laws on drug use are commonplace, and heavy penalties are imposed on those who are in possession of, or under the influence of an illegal drug, even for the purpose of personal use. If you are in possession of more than twenty grams of a drug, then you are looking at more serious penalties.
The narcotics categories are important distinctions related to the severity of the penalty that can be imposed. Drugs like Ketamine, Ecstasy, Methamphetamine, Heroin, Marijuana and even Codeine carry serious penalties, even for personal use.
It is important that you cooperate with the Thai police and treat all persons with respect, even if you are being treated badly. This is something that can be addressed within a legal capacity after the fact; however, it is also important that you not sign anything without a lawyer present.
Once you are convicted, there is not much that can be done to try and prove your innocence. In contrast, if you have taken a drug and fear that you might have overdosed, there are laws that protect you if you check into a medical facility for treatment. The real problem comes in if you have somehow been involved in other illegal activity related to drugs. You might be looking at lengthy prison terms of fines anywhere between thirty thousand baht to five hundred thousand baht and even as high as five million baht. Thai police take drug use and other drug-related indiscretions extremely seriously, and legal action is severe.
Unfortunately, the drug trade in and out of Southeast Asia is still high, so it is not uncommon for foreigners to be convicted of drug smuggling, possession, or other charges in Thailand. Suspects are arrested in a variety of ways, and if you are serious about trying to avoid being scammed into a drug offense, you should be wary of people trying to take advantage of vulnerable tourists.
Keep your luggage safe at all times, and do not transport packages into Thailand, even from trusted friends. You can never truly know a person, and the last thing that you want is to be implemented into drug-related crimes by a person you may have trusted.
If you require treatment for a legitimate medical condition and you are a medical tourist in Thailand, it is best to establish what the legal drugs in Thailand are and how you can go about filling your prescriptions in a legal manner so as to avoid problems with the police.
Also, bear in mind any possible food restrictions. Check the website of the local Health Department to get as much reliable information as you can.
Many foreigners who go overseas might think that personal use laws are similar in most countries or that legal treatment in their country is legal everywhere else, and this often leads to the arrest of tourists upon examination by police at airports or busy tourist destinations. Suspects are not treated differently by competent officials and police when they are tourists, which can be a jarring experience.
While substances like heroin, ecstasy, methamphetamine and ketamine are generally understood to be illegal, marijuana can be confusing as it is legal in certain parts of the world but not in others. The same for medications like Codeine. If an official suspects that you might be in possession of something that is not legal in Thailand, it is best to cooperate with them and get in touch with legal representation as quickly as possible. Juslaws can assist with these kinds of situations, so contact us today to find out how we can help you!
Juslaws & Consult have handled numerous drugs and narcotics-related cases and we are confident to say that we have always handled such cases with success. If you require further information or consultation with us regarding the above-mentioned matter, we will be happy to discuss it with you. Please do not hesitate to contact us.
