On 26th June, Thailand made a controversial move with people on either side holding strong opinions. As of 26th, you need a doctor’s prescription, effectively restricting the plant to medicinal and health purposes only. Health Minister Somsak Thepsutin signed an order banning sales without medical prescription and reclassifying the plant as a “controlled herb”. Somsak also told reporters that he would like to relist the herb as a narcotic in the future.
HOW THINGS WILL WORK NOW
The body in charge of enforcing regulations of the herb, the Department of Thai Traditional and Alternative Medicine, held an online meeting on Friday with officials across the country to prepare them for the change, where it was said that shops that are currently licensed can continue to operate but they must get their products from department-certified pharma-grade farms.
They must also declare their sources to the authorities every month. Shops can only sell a limited amount of herbs to those with a prescription, enough for 30 days. This move came after public backlash to the 2022 decision to decriminalize the herbs.
Herbs can no longer be sold through vending machines, online channels and its derivative products can’t be sold in public parks, dormitories, amusement parks, etc. It also cannot be commercially advertised. It can only be sold by medical practitioners to people with prescriptions.
BUT WHAT BACKLASH ARE WE TALKING ABOUT?
Despite the decriminalization boosting tourism and farming, there are allegations that lack of regulation made the plant available to minors and caused addiction. Thailand’s Office of the Narcotics Control Board said a study conducted by the agency last year found a significant spike in the number of people addicted. On the tourist front, last month, officials revealed that cases involving tourists smuggling herbs had soared in recent times.
The ruling Pheu Thai Party previously promised to criminalize the herb again, but faced resistance from their coalition ally, the Bhumjaithai Party. Bhumjaithai quit the coalition last week over a leaked phone call between Prime Minister Paetongtarn Shinawatra and former Cambodian leader Hun Sen. Health Minister Somsak signed the new order just days after Bhumjaithai left the government.
WHO IS OPPOSING THIS?
A group of herb advocates will rally at the Health Ministry next month to oppose these changes. Chokwan Chopaka, a herb advocate who used to own a dispensary in Bangkok claims this is a politically motivated move, due to this suddenness and since the rules were already in place but not enforced.
“We know we need regulation. We need control. The existing rule that is in the announcement previously needs to be enforced. Can we enforce that first? Before we move on to something that is harder and people don’t understand what’s going on,” she said.
In 2022, Thailand’s Ministry of Commerce estimated the industry could be worth $1.2 billion by 2025, although Somsak said there is currently “no clear estimate” of the industry’s value due to “unregulated transactions”.
Somkiat Nitiketkosol, a producer, said that such stringent requirements would in fact lead to more corrupt practices: “Most permits are going to big players, while small farmers like me are left waiting or falling victim to scams.”
WHAT CAN BE DONE?
While the opposition to the decision is pushing for recreational usage, they’re not pushing for an unregulated industry. As Chokwan said earlier, they want enforced regulation on the industry, not a complete cultural shift only 3 years after the last one.
Since the removal of the herb from the illegal narcotics list, no comprehensive law regulating its use has been passed. Thus, this booming industry has had a legally questionable growth over the three years. Perhaps, Thailand needs a comprehensive law which allows regulated recreational usage.
At the end of the day, it's important to smoke responsibly while partaking legally and pushing for fair regulation practices that support big and small players in the industry equally, through appealing and rallying together for practices which are right.
Tags: 420 Community, 420 Lifestyle, Learn with JB, Thailand, Legalization, Recreational, Laws, Decriminalization
