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Cannabis License in Thailand

Discover how to start a legal cannabis business in Thailand. This guide provides step-by-step instructions on obtaining a cannabis license and navigating Thai laws

Are you considering obtaining a Cannabis License in Thailand for growing cannabis? The rules are not as straightforward as one might hope. Indeed, even in regions like California, laws related to cannabis cultivation can be perplexing, especially concerning the paperwork required for distributing cannabis. This guide is crafted to ensure clarity and provide you with comprehensive knowledge of the essential legalities involved in securing a Cannabis License in Thailand.

The vibrant Thai flag overlaying a lush cannabis farm, symbolizing the new era of cannabis licensing in Thailand.

What Is Cannabis And How Can It Benefit You?

Certain medical conditions have shown promise for the treatment of medications containing cannabinoids. These medications have demonstrated promise in the treatment of uncommon forms of epilepsy, the reduction of chemotherapy-induced nausea and vomiting in cancer patients, and the management of HIV/AIDS-related appetite loss and weight loss. However, there is plenty of evidence that suggests cannabis may have little effect in the treatment of chronic pain in multiple sclerosis symptoms. It’s important to remember, though, that cannabis does not appear to help glaucoma. Early-stage research has been conducted to examine the possible uses of cannabis for a range of other medical illnesses. 

What does the Thai law say about Cannabis?

With the introduction of the latest laws, the legal structure related to the cannabis license in Thailand underwent an enormous shift. Previously, cannabis was classified as a Category 5 substance as well as various aspects of its use were strictly prohibited in Thailand by the long-standing Narcotics Act B.E. 2252; which included the production, cultivation, ownership, selling, storing, manufacturing, and consumption.

However, in June 2022, these laws were thoroughly put into effect, which removed substances like buds, sticks, stems, leaves, roots, and seeds from the official list of prohibited substances. However, it is important to understand the difference between the plant and its extracts; after all cannabis extracts are still considered drugs even though the plant has been legalised. The reason as to why it is still considered an illegal drug, is due to the 0.2% of THC.

Regardless that there are positive changes, smoking in public places and using the plant for entertainment remains prohibited. You can be charged with fines of up to 25,000 baht and three-month jail sentences if you are caught using it illegally. Therefore, you’ll definitely need to know the laws that surround cannabis in Thailand

Things to Consider When Getting a Cannabis License in Thailand 

The laws concerning cannabis must be properly followed by anyone thinking about starting a business in Thailand. Cannabis will need to be grown, harvested, sold, imported, and exported under a number of licences. However, you risk jail time and a fine if you don’t obtain the proper licence.

  • Distribution of Plant Parts: It is not a requirement to get a licence to sell cannabis leaves, branches, roots and trunks. However, distributing other parts of the plant will require a licence from the Plant Varieties Act, Ministry of Agriculture and Cooperatives.
  • Importation of Seeds: Thai and foreign-owned companies may import cannabis seeds by obtaining a licensee from the Plant Quarantine Act and Plant Varieties Act. The other plant parts of marijuana and hemp, including products such as instant products such as food, cosmetics, and herbs are not allowed for importation.  
  • Distribution of Extracts: Extraction from all parts of the cannabis or hemp plant, which is a plant in the genus Cannabis, except for extracting from seeds, must obtain permission to produce extracts according to the law on drugs.  
  • Selling and Distribution of Products containing Cannabis: Products such as food, drinks, or cosmetics should not contain extracts of more than 0.2 THC. Depending on the operations of the company, Authorization from the Food and Drug Administration (FDA) may be required.  
  • Growing Cannabis: The FDA launched a website and mobile application, where one could register, stating the reason for growing cannabis.

Step-by-Step Cannabis Registration Process

This guide makes it easier to legally grow and distribute cannabis in Thailand, ensuring that all the rules and regulations are followed at every step of the process.

STEP 1: Obtaining Import License for Controlled Seeds

Requirements:

  • Establish a Thai company and register it as an importer/exporter with customs.
  • Employ a foreign or Thai director with a valid work permit.
  • Secure a suitable business location with a rental agreement and company map.
  • Provide photos of the storage and collection area, along with necessary tools and equipment for seed-related activities.

Fees:

  • Professional fees: 15,000 THB (VAT 7% not included)
  • Government fees: 400 THB
  • Timeframe: 1 to 3 business days after filing a complete application
  • Validity: 1 year



STEP 2 : Registering Shipment of Seeds

  • The importer must present:
  • For Re-packager/Seller:

Requirements:

  • Submit an invoice specifying the commercial purpose of import.
  • Include a packing list
  • Provide a phytosanitary certificate
  • Furnish a certificate confirming the plants are non-GMO
  • Offer evidence of the location where seeds will be used (lease, pictures, etc.)
  • Declare plant variety details, including height, harvest time, necessary substances, suitable weather, and area
  • Specify THC % with supporting evidence
  • Detailed germination rate and purity rate, supported by a certificate from the government OR a certifying body in the exporting country, along with a seed quality inspection certificate
  • Present original documents to customs for shipment clearance

    Fees:
  • Professional fees: 25,000 THB (VAT 7% not included) for the 1st shipment, with discounts for subsequent shipments with adequate documents.
  • Government fees: 400 THB
  • Timeframe: 1 business day after filing a complete application.
  • Validity: Only for 1 shipment.
  • Additional: Licence to Re-package Seeds

Requirements:

  • Must have its trademark (to be done separately).
  • Provide Thai language labels.
  • Mention “controlled seeds” and storage instructions.
  • Specify the marijuana cultivar and cultivar name.
  • Assign lot numbers for traceability.
  • Provide information about germination rate, purity rate, collection date, expiration date, and net content in weight or number of seeds (metric only).
  • Declare plant variety details (variety profile).

    Fees:
  • Professional fees: 25,000 THB (VAT 7% not included)
  • Government fees: 400 THB
  • Timeframe: 1 to 3 business days after filing a complete application
  • Validity: Until December 31 of the current year
  • Licence to Sell Seeds

Although initiating a cannabis growing business in Thailand might seem complicated due to legal intricacies, the long-term advantages make obtaining a Cannabis License in Thailand worthwhile. Ensuring you have a legal license and adhering strictly to regulations positions you to avoid serious legal issues. Penalties for non-compliance can include jail time and hefty fines.

Therefore, it is crucial to start your cannabis business with the appropriate Cannabis License in Thailand from the outset. While Thailand’s cannabis regulations may initially seem daunting, they follow a logical legal framework similar to other jurisdictions. By adhering to these guidelines and securing your Cannabis License in Thailand, you can begin your cannabis cultivation journey on solid legal footing.

For further guidance and to ensure full compliance with Thai cannabis laws, consider scheduling a consultation with our experienced legal advisors. We can help you navigate the complexities of the cannabis licensing process and ensure that your business is set up for success. Click here to schedule a consultation.

Frequently Asked Questions

What is the new cannabis policy in Thailand?

Medical marijuana was made legal in Thailand in 2018. However, in 2022, the country took it a step further by decriminalising the growing and trading of marijuana and hemp products. It is also no longer a crime to use any parts of the plant to treat illnesses.

Can you smoke cannabis in Thailand?

Smoking marijuana in public spaces is still against the law in Thailand, and there are strict penalties in place under the Public Health Act. Those caught smoking weed in public could face up to three months in jail and an $800 fine.

Can you import cannabis into Thailand?

In Thailand, the regulations regarding cannabis are quite strict. While the importation of cannabis seeds is allowed, they must be approved under the Plant Propagation Act and Plant Quarantine Act. This means that any cannabis seeds brought into the country must meet certain standards and go through a formal approval process.

What do you need to buy cannabis in Thailand?

In Thailand, it has become very easy to buy cannabis. People who are 20 years old and above can now purchase it from dispensaries or other stores without needing to show any identification, as most places don’t ask for ID. This change in policy shows that the country is taking a more relaxed approach to making cannabis available, especially for recreational use.