Narcotics Act B.E. 2522 (1979)

“Narcotics” means any form of chemicals or substances which, upon being consumed whether by taking orally, inhaling, smoking, injecting or by whatever means, causes physiological or mental effect in a significant manner such as need of 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 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 formula of household medicine under the law on drugs which contain narcotic ingredients. (section 4)

In order to be controlled properly, narcotics are classified into 5 categories because they are of different danger and medicinal purposes.

Lists of narcotics according to the Notification of the Ministry of Public Health No. 135 (B.E. 2539) are as follows:

Category I 32 dangerous narcotics such as heroine, amphetamine, methamphetamine, ecstasy and LSD;
Category II 100 ordinary narcotics such as coca leaf, cocaine, codeine, concentrate of poppy straw, methadone, morphine, medicinal opium and opium;
Category III narcotics which are in the form of medicinal formula and contain narcotics of Category II as ingredients;
Category IV 15 chemicals used for producing narcotics of Category I or II such as acetic anhydride, acetyl chloride, ethylidine diacetate, chlorpseudoephedrine, ergometrine, ergotamine, isosafrole, lysergic acid, piperonal and safrole;
Category V 4 narcotics which are not included in Category I to IV – i.e. cannabis, kratom plant, poppy plant and magic mushroom.

Offences and Punishments under the Act

CATEGORY I:

Production importation exportation

  • Life imprisonment (section 65 para. 1)
  • For the purpose of disposal: death penalty (section 65 para. 2)
  • Pure substances of 20 grams or more shall be regarded as commission for the purpose of disposal (section 15)

Disposal or possession for the purpose of disposal

  • Pure substances of not more than 100 grams: imprisonment of 5 years to life and a fine of 50,000 – 500,000 Baht (section 66 para. 1)
  • Pure substances of more than 100 grams: life imprisonment to death penalty (section 66 para. 2)

Possession

  • Pure substances of less than 20 grams; imprisonment of 1 10 years and a fine of 10,000 – 100,000 Baht (section 67)
  • Pure substances of 20 grams or more shall be regarded as commission for the purpose of disposal (section 15)

Consumption

  • Imprisonment of 6 months – 10 years and a fine of 5,000 – 10,000 Baht (section 91)

Deceit, threat, use of violent force or coercion of another person for consumption

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Baht (section 93)

Instigating another person for consumption 

  • Imprisonment of 1 – 5 years and a fine of 10,000 – 50,000 Baht (section 93 bis)

CATEGORY II:

Production importation exportation

  • Imprisonment of 1-10 years and a fine of 10,000 – 100,000 Bath (section 68)
    In case of morphine, opium or cocaine: imprisonment of 20 years to life and a fine of 200,000 – 500,000 Bath (section 68)

Disposal or possession for the purpose of disposal

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 69 para.2)
  • In case of morphine, opium or cocaine, if pure substances of more than 100 grams: imprisonment of 3 – 20 years and a fine of 30,000 – 200,000 Bath. But, if pure substances of more than 100 grams: imprisonment of 5 years to life and a fine of 50,000 – 500,000 Bath (section 69 para. 3, para. 4)

Possession

  • Pure substances of not more than 100 grams: imprisonment not exceeding 5 years and a fine not exceeding 50,000 Bath (section 69 para. 1)
  • Pure substances of more than 100 grams shall be regarded as commission for the purpose of disposal (section 17)

Consumption

  • Imprisonment of 6 months – 10 years and a fine of 5,000 – 10,000 Bath (section 91)

 Deceit, threat, use of violent force or coercion of another person for consumption

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Baht (section 93)

Instigating another person for consumption 

  • Imprisonment of 1 – 5 years and a fine of 10,000 – 50,000 Baht (section 93 bis)

CATEGORY III:

Production importation

  • Imprisonment not exceeding 3 years or a fine not exceeding 30,000 Bath or both (section 70)

Exportation disposal

  • Imprisonment not exceeding 1 year of a fine not exceeding 10,000 Bath or both (section 71)

 

Deceit, threat, use of violent force or coercion of another person for consumption

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 93)

CATEGORY IV:

Production importation

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 73)

Exportation disposal

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 73)

Possession for the purpose of disposal

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 74 para. 2)

Possession

  • Imprisonment not exceeding 5 years and a fine not exceeding 50,000 Bath (section 74)
  • Quantity of 10 kg. upwards shall be regarded as possession for the purpose of disposal (section 26 para. 2)

Deceit, threat, use of violent force or coercion of another person for consumption

  • Imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 93)

CATEGORY V:

Production importation exportation disposal

Kratom Plant

  • imprisonment not exceeding 2 years and a fine not exceeding 20,000 Bath (section 75 para. 2)

Others

  • imprisonment of 2 –15 years and a fine of 20,000 – 150,000 Bath (section 75 para. 1)

Possession for the purpose of disposal

Kratom Plant

  • imprisonment not exceeding 2 years and a fine not exceeding 20,000 Bath (section 76 para. 4)

Others

  • imprisonment of 2 –15 years and a fine of 20,000 – 150,000 Bath (section 76 para. 2)

Possession

Kratom Plant

  •  imprisonment not exceeding 1 year or a fine not exceeding 10,000 Bath or both (section 76 para. 3)
  • quantity of 10 kg. upwards shall be regarded as possession for the purpose of disposal (section26 para. 2)

Others

  • imprisonment not exceeding 5 years and a fine not exceeding 50,000 Bath (section 76 para. 1)

Consumption

Kratom Plant

  •  imprisonment not exceeding 1 month or a fine not exceeding 1,000 Bath (section 92 para. 2)

Others

  • imprisonment not exceeding 1 year and a fine not exceeding 10,000 Bath (section 92 para. 1)

Deceit, threat, use of violent force or coercion of another person for consumption

  • imprisonment of 1 – 10 years and a fine of 10,000 – 100,000 Bath (section 93)

Instigating another person for consumption

  • imprisonment not exceeding one year and a fine not exceeding 10,000 Bath (section 93 bis para. 2)