Marijuana Law in Thailand - What is the effect of Legal Weed legalization in Thailand?

A move years in the making and a rarity in a region where marijuana possession, consumption, and trafficking are punishable by long jail terms and even death sentences, Thailand became the first Asian country to decriminalize cannabis in June 2022.

Despite Thailand's legalization of medical marijuana in 2018, decriminalization took it a step further. This made it no longer a crime to grow, trade, or use marijuana or hemp products for medical purposes. The law is flexible from region to region, but ultimately allows people to grow and trade marijuana openly.

Thailand has seen the opening of thousands of cannabis dispensaries since then. In addition, it has seen the opening of cannabis-themed businesses such as weed cafes, hemp spas, and beauty treatments. Decriminalization of marijuana has been a major draw for tourists in cities like Chiang Mai and Bangkok.

However, Anutin Charnvirakul, former Thai health minister and strong advocate of cannabis legalization, has said that Thais and tourists would never be able to smoke marijuana recreationally. The declassification of the law was always meant to promote marijuana's medical side and never intended to create the recreational boom that has been seen.

Using cannabis raw materials and extractions for medical purposes and for health has always been the priority.

Asia typically is a place that sees extreme punishments handed out to those engaged in drug related crimes. In neighbouring countries even CBD is illegal and drug trafficking remains punishable by the death sentence. Surely there should be a little more consensus that marijuana should not be in the same drug classes and treated independently by now. I think this was the hope people in Thailand thought the government was finally seeing. This type of lead on drug laws is far forward thinking and a positive more in many opinions of the people.

Across Thailand it is very clear that the marijuana boom has helped many Thais, including farmers, small business owners, and counter workers. Is it a coincidence that just before the boom most shops sat empty after the pandemic? Things were looking quite grim and the property market was sitting idle and lacking momentum. Once the cannabis rush hit all the empty shops were filled and the property market bounced back, seeing a new sense of faith and a most certain up trend in property purchases.

Personal belief is that if all the dispensaries were forced to close, it could spark a major reversal in this property market trend. Many people would lose their jobs and uncertainty would return.

Former cannabis entrepreneurs say they were strongly against legalizing a business that grew by billions of dollars. As a cannabis entrepreneur based in Bangkok, Kitty Chopaka has advocated marijuana legalization for years, calling government policy a knee-jerk reaction.

It is too late for cannabis to be reclassified as a narcotic, no matter what happens with the upcoming cannabis regulations." A common quote that 'the cat is out of the bag' seems to keep popping up. It seems now there is way too much support for legal marijuana as it stands. The positive gains compared with the damage caused are far outweighing the negatives.

After decriminalizing marijuana nearly 2 years ago, Thailand's newly elected government is moving ahead with a bill banning the plant for recreational use. After so much time with legal marijuana, surely they can clearly see the positive impact outweighing the negative.

In the Southeast Asian nation, a relaxed cannabis law led to a lucrative cannabis industry catering to locals and foreigners alike, but a conservative coalition government has tightened the rules by allowing only medical marijuana.

It is believed by many in the cannabis industry that even a new bill of law will not lead to major changes. There is a certain amount of flexibility of the law in different regions which is allowing many in the industry to do what they like.

Thai's health ministry has released a draft bill outlining hefty fines or prison sentences for offenders, or even both. How this law will be received and if they manage to pass it through parliament with approval is a big question.

As stated in September, Prime Minister Srettha Thavisin's new government will "rectify" cannabis laws within six months by limiting the use of cannabis and cannabis-related products to medical purposes only. There has been mention of the new law coming into affect around March to April 2024.

Despite the relaxed laws, marijuana smoking remains illegal in public, but the new laws will prohibit cannabis advertisements and marketing campaigns.

A draft bill that had been submitted to parliament in November failed to be approved and many feel that this new draft will meet with the same level of dissatisfaction.

According to Thavisin, drug abuse is a "big problem for Thailand." He has been vocal about banning recreational cannabis. Realistically if marijuana is a big problem when its legal, this will be an even bigger problem if its classified to be illegal. Its quite a shame that a forward thinking decision like this is now seeing an attempt at reversal.

Cholnan Srikaew, the health minister, drafted the law to prevent the misuse of cannabis, but in the real world actually it seems the intent will lead to worser problems. Surely in a legal, but controlled environment there will be less misuse. Money saved from policing if better used can help to provide care for those that could be in a position of harm or misuse. The damage caused in illegal cases are much worse as this leads to prison sentences, illegal drug trade and unregulated potentially more dangerous usage.

The new proposal has been referred to Thailand's Health Minister Cholnan Srikaew for further comment. The department of traditional and alternative medicine has invited public feedback on the latest draft. The information will be reviewed and hopefully, will aid in the final enactment of the Cannabis and Hemp Act.

We welcome comments on this topic and public opinion that matters most.

Caught Growing Cannabis in the UK (updated Law)

Caught growing cannabis (UK guide)

New updated sentencing guidelines as of December 2022

The government updated the sentencing guidelines for getting caught cultivating cannabis in the UK in April 2021. Some things have changed very slightly so if you have been caught growing cannabis in the UK, please read this guide before going to court so you know what to expect.

This guide is based on the actual sentencing guide the judge in court will be referring to when deciding what your punishment will be.

Find the actual UK sentencing guidelines by following this link Production of a controlled drug/ Cultivation of cannabis plant – Sentencing (sentencingcouncil.org.uk)

Legal Changes to Cannabis use accross the United Kingdom England, Ireland, Scotland and Wales

In the ever changing world of cannabis laws seem to be continuously changing and its becoming ever hard to keep up. Attitudes are forever changing and developed countries are reconsidering the ideas that surround the real benefits this great plant can have to offer. With all the positive feedback coming out of the USA from the rewards in medical treatment and revenue streams from legalization its a wonder how long it will take before the rest of the world catches up.

What we would like to explore here is really whats happening across the ocean in the UK and why its taking so much time for us to catch up. In the opinion of most modern thinking people its clear to see that the benefits of legalization of cannabis far outweigh the negatives. Legal cannabis in the UK would bring with it huge revenue to every day people and choice to the thousands of people who smoke it. In recent years its been a gamble as to the product you end up buying on the streets where as home growing for personal use give the smoker control over the strength and quality of the product they can smoke.

Clearly you can tell by this blog the way of our opinion towards Cannabis in the UK. What we want is to keep up to date with any changes that are coming and in turn spread the word to anyone else that's eagerly awaiting positive movement in cannabis legality.

As it stands in the UK cannabis has been declassified and it is generally accepted by the government when it comes to personal use on all levels. If you are caught with cannabis on you personally, so long as it is not a huge amount you will be given a fine. If you are caught cultivating cannabis generally if its under 9 plants it can be considered for personal use and at worst some community service program as a sentence. The question is really why waste all this police intelligence and UK tax payers money policing cannabis when there is no real punishment for the crime? Curently it is estimated that over half a million people grow cannabis in the UK. Surely legalization would save the tax payer Millions if not Billions of pounds every year.

If you have any news or updates regarding cannabis legislation in the UK please update.

Importation of 350 Grams of Hashish from Spain to the UK - What will the Sentence in court be?

So at the end of last year i was out in Spain where i had an apartment that was being sold. I had 250 grams of Soap Hash Bar of a very nice standard and I also had a bar of Pollen which weighed 100 grams. The Pollen was very high quality and a fantastic smoke. The reason I bought the bars of hashish was because they were so cheap. Each bar cost me 150 euro’s so it worked out less than £250 for the lot which was bloody awesome for the quality.

So I sold the apartment, loaded the van and thought i would pack the hash into a few boxes in the back. It was not a massive planned operation, nor was it a profitable one at that as the cost of driving back from Spain to the UK is a lot more than you would have thought. Including Toll Fees, Petrol and the Ferry cost it is somewhere in the region of around £600 for a one way trip. I drove from Alicante all the way down to Bilbao  (8 hours) and got the Ferry from there to Portsmouth. When I drove off the boat, immediately I began to shit myself and realize the error of my way..!

As I drove off the boat they were letting all the vehicles drive straight through with a simple wave of the passport so naturally it seemed I was in the clear.

Out of every driver that came off the boat I was the only one they pulled over at the docks. The cannabis was well wrapped in around 7 layers of bags and brown tape, washed each time it was wrapped so it certainly was not the smell that got me pulled over. I was holding out hope and with nerves of steel i braved it. I got out and began talking as though everything was sweet as it could be and I could not have been friendlier if i tried. They searched the vans contents with every single item laid out on a bench next to me and began opening all the empty boxes and bags. They searched everything and finally it seemed i was in the clear when the guy starts unwrapping my tv box that the hash was in. I lit up a cigarette walked to the side and realised that was my last smoke of the day.

After finding the sealed brown package they decided to spend the next 4 hours dismantling the entire van. With a team of about 20 customs agents they took the whole thing apart and I mean everything. Of course they were not going to find anything, why would I leave 350 grams of puff for them to clearly find if i was hiding multiple kilograms somewhere else? It simply did not make sense!

So I was arrested by Portsmouth customs and excise and questioned under caution etc and finally taken to Portsmouth station. Where I was charged and placed in a cell which i thought was going to be my bed for the night. To be fair the officers there were very nice and the finger print guy even gave me some Ginster pies while i was chatting to him. He said it was just a job to earn money t finish his home building project and he even made me a decent cup of coffee.

So after a few hours of interrogations and most of the night in the cells came my interview. I openly admitted the whole thing from start to finish and said it was clearly not for profit and bought as a personal stash and they seemed happy with that and let me out to appear in court in the coming months ahead. It was funny actually because they offered to give me a lift to the station as it was the early hours of the morning by this time. One of the main customs officers drove straight into the barrier and i said to her she needs to lay off smoking on that pollen they took off me ;-)

So the court date at Portsmouth Magistrates finally arrived and so I appeared as requested and hired a good local lawyer to handle my case. I wanted to make a good impression so I turned up suited and booted for the occasion. The idea was to get it dealt with at the magistrate’s court as the maximum sentence they could impose was shorter. I think it is just 6 months they can impose without it having to go to crown court. This was likely to be suspended or at worst put on tag so I thought surely it should be dealt with at this occasion. So I’m waiting there the whole day with loser after loser going past thinking how prison life would turn me into a criminal rather than reforming me when it was finally time for me to get called up. I walked in and immediately realized this judge was one of those that was bullied as a child and absolutely loved and worshiped the sound of his own voice. I gulped and thought this is certainly not a good start. The judge took one look at it circled the box 6-12 months recommended sentence and sent me straight to crown court.

Now my balls had finally dropped and I was a little in panic mode!

So I am to appear in Crown court charged with Importation of a Class B drug to the quantity of 350 grams.

My question to you now is what sentence do you think i will get for this in Crown Court?

It has recently come to my attention that my previous friend and now associate had been caught the day before I was caught on the Ferry coming back from Spain. He had 40 Kilograms of Pollen. This guy is a slippery snake of a f...ker that would sell his granny at the first opportunity so guess what it is im thinking now?

Surely someone with no criminal record coming in from Spain the way i did wouldn’t get pulled at customs but i did and it certainly seemed to me that they had me as a target right from the start. I heard some very strange things on the radio mentioning words like having the target in mention with us now and the next boat doesn’t have any targets etc. This dirty snake was the only person who knew i had the hash in Spain because he was the one who got it for me. And he was the only person who knew i was coming back in the van that day so I’m guessing he has put it all on me like i am the main conspirator.

What do we reckon guys? Am I screwed?

Sentencing Guidelines for Cultivation of Cannabis, Growing a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught growing cannabis and are summoned to appear in a UK Court.

Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale. If own operation, solely for personal use (considering reasonableness in circumstances)

The category of harm for Cannabis

Category 1

You will be in category 1 if your operation is considered capable of producing industrial quantities for commercial distribution. E.g. a factory, farming size greenhouses or houses dedicated to the growing of cannabis. Look for 'gardeners exploited and trapped in the set up, and networked operation cultivating cannabis over various sites'.

Category 2

You will be in category 2 if your operation is capable of producing significant quantities for commercial use. It is easy to identify the smaller operations that fall into category 2; they will be a room or loft dedicated to the growing and drying of cannabis; more 'cottage industry' than 'factory.'  What is not so easy is to distinguish top end category 2 from a category 1 case; the only difference between the 2 categories is category 1 is defined as the production of 'industrial' quantities as opposed to 'significant' quantities in category 2. 

Category 3

So long as your operation is 28 plants or less with an assumed yield of 40g per plant you will be in category 3.

Category 4

9 plants or less is considered a domestic operation.

It is worth noting that the guideline assumes a yield of 40g a plant. Up to now a plants yield has often been in issue; it may be that the guideline assumption of 40g a plant will become the standard projection in calculating a plants yield.

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs

Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs

Category 2

Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5yrs

Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs

Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs

Lesser role: Starting Point: Community Service Category Range: Community Service - 26wk

Category 4

Leading role: Starting Point: 1 yr Category Range: Community Service - 3 yrs

Significant role Starting Point: Community Service Category Range: Community Service - 26 wk

Lesser role: Starting Point: Band C fine Category Range: Discharge - Community Service

The sentencing starting point is adjusted up or down by a list of additional aggravating and mitigating factors set out in the guideline. Described as a non exhaustive list it may on occasion be appropriate to move outside the identified category range.

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, Offense committed on bail, likeliness of supply, use of unlawful electricity, evidence of previous growing, attempts to conceal or dispose of evidence, presence of others especially children,  presence of weapons, high potential yield or purity, community impact and breaches of current convictions or license.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

Consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders

Sentencing Guidelines for Importation of Cannabis a Class B Drug in the UK

Sentencing Guidelines for Importation of Cannabis a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught importing cannabis and find yourself having to appear in front of a UK court.

Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale.

The category of harm for Cannabis

Category 1 - 200kg Cannabis
Category 2 - 40kg Cannabis
Category 3 - 6kg Cannabis
Category 4 - 100 grams Cannabis

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs

Lesser role: Starting Point: 4 yrs Category Range: 2-5 yrs

Category 2

Leading role: Starting Point: 6 yrs Category Range: 4-6 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5 yrs

Lesser role: Starting Point: 2 yrs Category Range: 18m-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2 yrs 6m-5 yrs

Significant role: Starting Point: 2 yrs Category Range: 18m-3 yrs

Lesser role: Starting Point: 1 yr Category Range: 12w-18m

Category 4

Where the quantity falls below the indicative amount set out for category 4 above, 1st identify the role for the importation offense, then refer to the starting point and ranges for possession or supply offenses depending on intent.

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, use of under age 18 people in your operation, crime committed within the vicinity of a school, offence committed on bail, attempts to conceal or dispose of evidence, presence of minors, presence of weapons, high purity, failure to comply with current court orders and community impact will all be looked at so try to make sure as little of these apply as possible.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offence, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders

Destruction Confiscation orders

Travel restriction orders. Judge's have a wide discretion which has to be exercised carefully and has to be proportional R v. Mee 2004 Crim L R 487 and section 33 CJ and Police Act 2001

Deportation

If drugs imported by car or lorry a driving ban may be considered; section 146 or 147 of the Power of Criminal Court (Sentencing) Act 2000

Sentencing Guidelines for Possession of Cannabis with Intent to Supply a Class B Drug in the UK

This is a basic sentencing guideline for if you are caught in possession of cannabis and are summoned to appear in a UK Court.

Cannabis is otherwise known as marijuana, hashish, puff, weed, skunk, sensimelia, pot, soap, ganja and many more - all Class B Drugs Category.

Step 1 - Determine the offender's role then the category of harm.

The offender's role

Leading role: Plays a leading position in organizing production, links to and influence on others, substantial financial gain uses fake business and abuses position of trust.

Significant role: Person Involved in operations at management level by pressure, intimidation or reward and motivated by finance with some awareness of the commercial scale.

Lesser role: Person performs limited functions, engaged by pressure or intimidation, through naivety, no influence on others and very little awareness of commercial scale.

The category of harm for Cannabis

Category 1 - 200kg Cannabis

Category 2 - 40kg Cannabis

Category 3 - 6kg Cannabis

Category 4 - 100 grams Cannabis

Step 2 - sentencing range guidelines for Cannabis Class B

Category 1

Leading role: Starting Point: 8 yrs Category Range: 7-10 yrs 

Significant role: Starting Point: 5 yrs Category Range: 5-7 yrs 

Lesser role: Starting Point: 3 yrs Category Range: 2-5 yrs

Category 2 

Leading role: Starting Point: 6 yrs Category Range: 4-8 yrs

Significant role: Starting Point: 4 yrs Category Range: 2-5 yrs

Lesser role: Starting Point: 1 yr Category Range: 26w-3 yrs

Category 3

Leading role: Starting Point: 4 yrs Category Range: 2-5 yrs

Significant role: Starting Point: 1 yr Category Range: 26w-3 yrs

Lesser role: Starting Point: Community Service Range Community Service – 26w

Category 4 

Leading role: Starting Point: 18m Category Range: 26w-3 yrs  

Significant role: Starting Point: Community Service Range: Community Service – 26w

Lesser role: Starting Point: Community Service Category Range: Fine - Community Service

Aggravating Features – Will increase your Sentence if applicable

At this point the prosecution will look at facts surrounding your case and increase your sentence if any of the following conditions apply.

Aggravating factors including previous convictions, use of under age 18 people in your operation, crime committed within the vicinity of a school, offense committed on bail, attempts to conceal or dispose of evidence, presence of minors, presence of weapons, high purity, failure to comply with current court orders and community impact will all be looked at so try to make sure as little of these apply as possible.

Mitigating Features – Will decrease your sentence if applicable

Mitigating features will be looked at to determine if you are of good character and there were circumstances to which you should receive credit.

This will including looking at if there is evidence of involvement due to pressure or naivety, supply of a drug you are addicted to helps,  Mistaken involvement in own actions, weather it is an isolated incident (will not happen again), Low purity, no previous convictions or nothing relevant, offenders vulnerability, remorse for your offense, good character such as owning a business or showing good character in court, steps taken to change (help with addiction), lack of maturity (if you are under 18), mental disorder or learning disability and if you are the sole or primary carer looking after someone else.

Step 3

Consider factors which indicate a reduction such as assistance to the prosecution

Step 4

Reduction for guilty plea

Step 5

Increase if more than one offense or the offender is already serving.

Step 6

Confiscation and ancillary orders; including POCA, forfeiture orders and destruction orders

Step 7

Reasons explanation for sentence – extenuating circumstances count

Step 8

Consider time spent on remand in custody or bail.

Ancillary Orders

POCA

Forfeiture orders