Cannabis may have been decriminalised but its use is definitely far from liberalised as experts warn of potential problems with enforcing the laws coupled to the plant and the marijuana policy being politicised.
Issues from many sectors have mounted after cannabis was decreased as a narcotic plus instead listed as being a controlled herb under the Traditional Medicine Intelligence Protection and Promotion Act.
The plant was put on the list of managed herbs in mid-June after it was taken out of the country’s drugs list to better regulate its use.
However , an even more detailed law upon cannabis and hemp covering rules and regulations continues to be pending and that is exactly where debate has taken a fierce turn.
Parliament is certainly working to pass the Cannabis and Hemp Act. The expenses is supposed to set the rules governing how to control the use of the marijuana and cannabis-derived products. The House committee vetting the content has covered up work on the measure, to be put to the second and 3rd readings.
Bill full of detail
The law provides crucial objectives: to maintain tabs on abuse associated with cannabis meant for medicine and research and permit revenue to be created from cannabis-based sectors.
Panthep Phuapongpan, vocal promoter of cannabis-based medication and spokesman of the vetting committee, mentioned the bill contains 103 sections.
Fundamentally, extracts from cannabis are usually regarded is legal for use as long as its THC (tetrahydrocannabinol, its chief psychoactive agent) level does not surpass 0. 2%. “Anything above that is classified as a narcotic, plain and simple, ” he said, adding no previous permission is required to be used of cannabis, other than its flowers.
The law furthermore distinguishes cannabis from hemp as the two plants demand different sets of rules. Hemp, for example , offers less THC and it is more fibrous and thus is better suited for outfit production than marijuana.
However , the Cannabis and Hemp Act may not cover all things marijuana. If the cannabis in any shape or type is mixed within food, the food and drug law is going to be enforced to ensure protection for consumers. The THC level in a single piece of cracker may not be above 0. 1 part in a mil parts.
Also, people are limited to growing no more than 15 cannabis or hemp plants at home pertaining to household consumption. The growing and use of the plants is off-limits to those under twenty and a violation from the law would trigger the licence to grow and use the vegetation to be revoked.
The age restriction also applies to people who take care of the vegetation in their gardens. Anyone who assigns minors to perform the job is punishable by up to three years, a maximum fine of 300, 500 baht or both.
The particular heaviest punishable prescribed by the Cannabis and Hemp Act would be for importing cannabis or hemp without having permission. Offenders face up to five years imprisonment, maximum 500, 000 baht or both.
Mr Panthep added, however , that no license is needed for growing and harvesting hemp on a land addressing no more than five rai for its fibre to become woven into material in keeping with local tradition and custom. But such fabrics cannot be sold.
Clinics and medical facilities are not required to obtain permission intended for dispensing cannabis or even hemp-based medicine for their regular patients. However, permission must be granted for selling, developing, producing importing and exporting cannabis or hemp or products derived from the vegetation. “In other words, the entire business associated with commercialising cannabis or even hemp or many must be licensed, ” he said.
No marijuana or hemp or any type of products containing the plants in any form may be sold to the people under the age of 20, pregnant or lactating women and those in vulnerable groups such as the elderly. The law prohibits selling the plant life in schools, temples or wats and public recreational areas while smoking the particular plants is banned in schools, temples and public areas.
Smoking of cannabis is usually permitted as part of medical therapy at medical services. This is reserved for the terminally-ill or to avoid a patient’s problem from lapsing.
Participatory drafting
Mr Panthep said the particular bill on cannabis and hemp was scrutinised by associates of the House committee, associated with wide-ranging social groups.
They will include people who opposed cannabis being decriminalised, individuals advocating cannabis-based medicine, those in favour of stringent measures to control the plant and those assuming that cannabis could pull in tourists.
“But none said the use of cannabis shouldn’t be regulated. This law continues to be screened by many different pairs of eyes and minds. It has been diligently considered simply by all sides, ” he said.
Mr Panthep acknowledged concerns associated with the enforcement of the expenses.
The general public Health Ministry issued the announcement getting rid of the cannabis and hemp from the list of narcotics. However , details of the do’s and dont’s surrounding the use of the plants will be fleshed out in the cannabis and hemp law.
The gap just before enactment of the law has created a loophole for abuse from the plant, often through confusion among individuals mistakenly thinking marijuana is free and open for use anyplace. “Some smoke container in public areas or even peddle weed to minors. What are the regulators doing about it? inch he said.
“How has been it possible that will parts of Koh Phangan were given up to cannabis smoking? The law must be applied strictly, ” said the House panel spkesman.
In terms of economics, the committee weighed the pros and cons of the industries cashing in upon cannabis. For example , using cannabis as an component in food manufacturing involves getting acceptance from several agencies including the Food and Medication Administration (FDA).
The committee mulled over just how thousands of products that contains cannabis could be promoted, how they could be further developed and whether they would be well-received by overseas visitors.
It is to the government to create a policy reallising the goal of generating money from commercialising cannabis. “At the end of the day, the government designs policies plus implements them. If this wants to drive the particular economy using cannabis, it must also know how to rein the plant within.
“Economic stimulation and health safety must go hand in hand, ” Mr Panthep said, adding he believed the particular economic value to be earned from marijuana could top 50 billion baht per year.
Politics and clod
However , Kanok Wongtra-ngan, deputy chairman of the vetting committee, stated the bill on cannabis and hemp is clearly intended for the plants to serve medical and business purposes. It is also fraught with weaknesses.
Since the licences for opening plus running cannabis-based companies need approval through the FDA and the Office of the Narcotics Manage Board (ONCB), only “big fish” in the industry stand a chance of making the cut to operate and sustain the businesses, leaving small and medium-size enterprises (SMEs) out in the chilly.
Furthermore, people who have invested in farming cannabis for income will lose a lot of money since people are allowed to develop the plant as a back garden herb.
Mr Kanok said cannabis should not be treated as a political item for electioneering because it can do harm to individuals prone to being misled by messages of a “glorified” cannabis. The usage of cannabis should benefit medicine and industry, farmers and SMEs while also protecting youth from misuse of the plant. These are the vital goals of the bill which must be communicated towards the people.
“A balance should be struck somewhere although it might be easier said than done. To describe the use of cannabis to be liberalised is politics rhetoric intended to move forward political gains, inch he said. The general public Health Ministry and the ONCB must agree with the objectives just before they can be enforced, this individual said.
The law itself is definitely complex and could end up being interpreted in different ways, which may impede its enforcement. “Suppose I grow a patch of cannabis in my garden as herbal medicine strictly for personal use. How will the police know if I have broken the law by sharing the plants with my neighbour? ” he said.
Meanwhile, Dr Suriyadeo Tripathi, director of the Middle for Morality Advertising, said a dual standard in legal enforcement could wreak havoc in suppression of law violators.
Clearness in the legal definition of cannabis as a money crop for specific uses, such as medical treatment under strict supervision of experts, might have eliminated the need to problem many regulations that are too detailed and impractical.
“Now that we let households grow their very own cannabis, how can we guarantee that children won’t pick the plants and brew an addictive cocktail out of them? ” he said.
He said he or she sympathised with the law enforcement, who will have to get around a maze associated with legality to find out that offenders are beneath the cannabis bill.
There is also the risk to health through not knowing how much marijuana one can consume. Deficiencies in effective controls upon cannabis use would not be helpful to the development where youth are usually increasingly exposed to narcotics, Dr Suriyadeo stated.
This individual suggested access to the particular licence for planting cannabis should be restricted to community enterprises which usually supply the plant in order to authorised parties, instead of open to households.
Prasitthichai Nunual, secretary-general of the southern part of private organisations dexterity centre and member of the committee scrutinising the bill, mentioned cannabis use is highly regulated under the bill.
He or she allayed fears that cannabis would cause mass addiction, stating people who experimented with the rose did not like the smell and taste.
Doctor Shawanun Charnsil, president of the Psychiatric Association of Thailand, mentioned the bill offers no legal shields against improper utilization of cannabis and favors the plant’s company potential over medical gains. Allowing the weed to be smoked cigarettes at home does not end people from overusing it and leading to erratic behaviour which could endanger others.