NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND • • • E-mail :[email protected] Tel. (662)433-4791Fax.881-8539 Bangplad Bangkok10700Thailand 86 Charansanitwongrd,57/2soi Printed atIdeaSquareltd.part. http://www.oncb.go.th Tel. (662)245-9087Fax.245-9413 Bangkok 10400,Thailand Dindaeng Road,Phyathai Office oftheNarcoticsControlBoard Legal AffairsDivision Third PublishedB.E.2550(2007) NARCOTIC LAWS OF THAILAND 2007 Bangkok. Thailand Office of the Narcotics Control Board The first and second edition of the Narcotic Laws of Thailand in English edition of the Narcotic Laws The first and second be useful for government officiais and the It is hoped that this publication will version published in 2000 and 2003. This new edition need to be published in order in 2000 and 2003. This new edition version published be used as an updated reference improving legislations to to provide the existence and international level. of Thailand, both in national in solving drug problems problems. Moreover, it will be use for strengthening others who are engaged in drug drugs trafficking in this region. further cooperation in fighting illicit NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND Page Narcotics Control Act B.E. 2519 (1976)Narcotics Control 2522 (1979)Narcotics Act B.E. Act B.E. 2518 (1975)Psychotropic Substances the Use of Volatile Emergency Decree on Controlling Substances B.E. 2533 (1990) (1952)Commodities Control Act B.E. 2495 of Offenders in an Act on Measures for the Suppression 53 1 2534 (1991)Offence Relating to Narcotics B.E. B.E. 2545 (2002)Narcotics Addict Rehabilitation Act Extradition Act B.E. 2472 (1929) 11 Between Act on Procedure for Cooperation 95 111 Sentences B.E. 2527 (1984)States in the Execution of Penal 97 133 Criminal Matters The Act on Mutual Assistance in 87 B.E. 2535 (1992) Assistance in Recommendations on Mutual Legal Drug-Related Offences for Suppressing Act on Authorizing the Naval Officers 127 Some Offences Committed by Sea B.E. 2490 (1947)The Witness Protection Act B.E. 2546 (2003)The Compensation for Injured Person and 161 the Accused Act B.E. 2544 (2001) (Partial Extraction)The Criminal Procedure Code (Partial Extraction)The Judiciary of Thailand 171 163 Office of the Narcotics Control Board 143 179 153 202 187 • • • • • • • • • • • • • • • • • NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND (1) 1 day of November B.E. 2519; day of November year of the Present Reign. year of the Present th th (2) B.E. 2519 (1976) BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Being the 57 NARCOTICS CONTROL ACT. CONTROL NARCOTICS Given on the 16 This Act shall come into force as from the day following the date of its This Act shall come into force as from This Act is called the “Narcotics Control Act, B.E. 2519”. This Act is called the “Narcotics Control In this Act, “laws relating to narcotics” means the law on narcotics, law on psychotropic “laws relating to narcotics” means “offence relating to narcotics” means the offence under the laws relating to narcotics; “offence relating to narcotics” means “narcotics” means narcotics under the law on narcotics, psychothropic substances “narcotics” means narcotics under the “Board” means the Narcotics Control Board; “member” means a member of the Board, and includes the Chairman thereof; Board; “Secretary-General” means the Secretary-General of the Narcotics Control this Act; “Minister” means the Minister having charge and control of the execution of for the “competent official” means the person appointed by the Secretary-General (1) (1991), (No.3) B.E. 2543 (2000), (No.4) B.E. 2545 (2002) As amended by the Narcotics Control Act (No.2), B.E.2534 (2) Published in the Government Gazette Vol. 93, Part 144, date 17 November B.E. 2519 (3)-(4) Act (No.2) B.E. 2534 (1990) Repealed and Replaced by section 3 of the Narcotics Control (5) (2002). Added by section 3 of the Narcotics Control (No.4) B.E.2545 (4) (5) Section 3 (3) His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Adulyadej is graciously pleased His Majesty King Bhumibol to enact a law on narcotics control; Whereas it is expedient the restriction of rights and liberties of the people This Act contains provisions relating to Section 1 Section 2 execution of this Act. substances, law on controlling the use of volatile substances and law on measures for the substances, law on controlling the use relating to narcotics; suppression of offenders in an offence which section 29 together with section 31 section 35 section 37 section 48 section 50 section 237 which section 29 together with section the Kingdom of Thailand allows to be done by virtue of and section 238 of the Constitution of provisions of law; publication in the Government Gazette. under the law on psychotropic substances and volatile substances under the law on controlling under the law on psychotropic substances the use of volatile substances; NARCOTIC LAWS OF THAILAND the memberspresentshallelectoneamongthemselves to presideoverthemeeting. office fortheremainingtermofothermembers. appoint anypersontoreplacehim. of termupon: members oftheBoardisrequiredtoconstituteaquorum. the performanceofofficialaffairsandcoordinationthereof. powers inconnectionwithnarcotics,theBoardshallmakedecisionandlaydownRuleson duties oftheBoard,orcompetentofficial,andGovernmentagencyofficialhaving or competentofficialofanyGovernmentagencyunderthelawsrelatingtonarcotics. of twoyears,andamemberwhovacatesofficemaybere-appointed. the narcoticscontrol,notmorethantwopersons. shall considerfromthepersoninprivatesector,whohavingapparentexperiencesfieldof Secretary-General asmemberandsecretary. more thansixqualifiedmembersappointedbytheCouncilofMinisters,asmemberand Commissioner, DirectorGeneraloftheDepartmentCustomsasexofficiomembers,andnot Minister ofPublicHealth,Education,Attorney-General,RoyalThaiPolice entrusted bythePrimeMinister,MinisterofDefense,Interior,Justice, of thePrimeMinisterasChairperson,holdportfolioofficewho Section 9 Section 8 The memberwhoisappointedtofillthevacancyoras additionalmembershallhold When amembervacatesofficebeforetheendofterm,CouncilMinistersmay havingbeenimprisonedbyafinaljudgmenttotermofimprisonment. (5) beinganincompetentorquasi-incompetentperson; (4) beingremovedbytheCouncilofMinisters; (3) resignation; (2) death; (1) The decisionshallbemadebyamajorityofvotes.Each membershallhaveonevote. (6) RepealedandReplacedbysection4 oftheNarcoticsControlAct(No.4)B.E.2545(2002) (6) In thecasewherethereisaprobleminconnectionwithexecutionofpowersand Section 4 Section 7 Section 6 The qualifiedmembersthatappointedbytheCouncilofMinistersunderparagraphone, Section5 At ameetingoftheBoard,ifChairpersondoesnotattend orisnotpresent, At eachmeeting,thepresenceofnotlessthanone-half thetotalnumberof A memberappointedbytheCouncilofMinistersvacatesofficebeforeend A memberappointedbytheCouncilofMinistersshallholdofficeforaterm This ActshallnotaffectthepowersanddutiesofanyGovernmentagency There shallbethe“NarcoticsControlBoard”called“NCB”inbrief,consisting 2 NARCOTIC LAWS OF THAILAND having the following (9) 3 There shall be the Secretary-General of the Narcotics Control Board, There shall be the Secretary-General The Board may appoint an advisory committee or a sub-committee advisory committee may appoint an The Board There shall be the “Office of the Narcotics Control Board” called “O.N.C.B.” of the Narcotics Control Board” There shall be the “Office The Board shall have the powers and duties as follows: decree on transferring the Administration Duty of Government Organization according of the Act Amending Ministry, decree on transferring the Administration Duty of Government Organization according of the Act Amending Sub-ministry and Department B.E.2545, section 112. Repealed and Replaced by section 6 of the Narcotic Act (No.4) B.E. 2545 (2002) Section 12 Section 10 Section Section 11 Section 13 (1) and suppressing the offenders to prepare work plans and measures for preventing (2) the laws to control the investigation, inquiry and prosecution of offences under (7) Repealed and Replaced by section 5 of the Narcotics Control Act (No.4) B.E.2545 (2002) (8) B.E.2545 (2002) Repealed and replaced by section 6 of the Narcotics Control Act (No.4) (9) Revised by the Act Amending Ministry, Sub-ministry and Department B.E.2545 (2002),section 33 and Royal (10) (10) (7) (8) (1) of the Board under the powers the status of the performance body to execute as in (2) control to coordinate the policy, plan, budget and the performance of narcotics (3) support the data, information, affair that including to develop the personal of to (4) to perform on the public relation against narcotics; (5) and the international organization to coordinate the cooperation with foreign country (6) and evaluation the performance of to coordinate, examine that including monitoring (7) by the Board. or under the provision of law. to perform other duties which entrusted In the performance of duties under paragraph one, the members of an advisory of duties under paragraph one, In the performance having the duties to generally supervise the performance of the official affairs of the Office having the duties to generally supervise to the Ministry of Justice, and shall be the superior of the Narcotics Control Board, who directed be Deputy Secretary- the officials of the Office of the Narcotics Control Board. And there shall General to assist the Secretary-General in the performance of official duties. under the laws relating to narcotics; In case of an equality of votes, the Chairperson shall have an additional vote as a casting vote. vote as a casting shall have an additional the Chairperson an equality of votes, In case of and duties that is required; that all this due to Government and Private Sectors; with other agencies where relating to, all this due to Government and private sectors both in the agency where relating to, that domestic and foreign country; in the matters of narcotics control; control; the concerning agencies about narcotic powers and duties: for consideration or execution of any matter as acts for the Board. execution of any matter as acts for the for consideration or committee or members of a sub-committee shall be a competent official under the Penal Code of a sub-committee shall be a competent committee or members in brief, which is the Government agency in the Ministry of Justice the Government agency in the Ministry in brief, which is NARCOTIC LAWS OF THAILAND of thisAct. relating tonarcotics; the Governmentagencieshavingpowersanddutiesinrespectofexecutionlaws the improvementinperformanceofofficialaffairsorworkplansprojects narcotics; agencies havingthepowersanddutiesinrespectofexecutionlawsrelatingto concerned todisseminateknowledgeinnarcotics; relating tonarcotics; budget paymentofsuchagencies; Government orprivatesectorswhererelatingtonarcoticscontrol,superviseandfollow-upthe which relatedtothat; Government agencywhichisthesuperiorofsuchofficialorofficertoaccelerateexecution problems orconcernedwiththecommissionofoffencerelatingtonarcotics,request Government agencywhoentrustedby,toperformthedutiesrelatingresolutionofnarcotics discipline punishmenttoanofficial,alocalofficer,stateenterpriseorofficerof responsibilities oftheBoard. kind ofbusinessplacetobethecertainundermeasure. prevention andsuppressionofnarcoticsoffencesinthebusinessplaceprescribeany which participationofthenarcoticscontrol. (15) (14) (13) (12) (11) 7 toconsiderandapprovetheappointmentofcompetentofficialsforexecution (7) toco-ordinateandsupervisethetreatmenthealingofnarcoticaddicts; (6) tosubmitrecommendations totheCouncilofMinistersinorderthattheremaybe (5) tocontrol,expedite andco-ordinatetheperformanceofdutiesGovernment (4) toprepareandimplementprojectsaswellinstructtheGovernmentagencies (3) (13)-(15) (11)-(12) tosupporttheagency (12) to (11) tosubmitcommendations (10) toperformotherdutiesasdesignatedbythisActbetheauthoritiesand (9) tosubmitopinionstheCouncilofMinistersprescribespecificmeasurefor (8) Added bysection7oftheNarcoticsControl Act(No.4)B.E.2545(2002). Added bysection3oftheNarcoticsControl Act(No.3)B.E.2543(2000). consider andexecuteforprovidingthebudgettoagencyof of theGovernmentorprivatesectors,includingpeople in relating totheprovidingvirtuemeritorremoving 4 NARCOTIC LAWS OF THAILAND 5 The Prime Minister under the approval of the Council of Ministers has Council of Ministers approval of the Minister under the The Prime In case of the competent official found out that there is any offence official found out that there In case of the competent For the execution to control the commission of offence relating to For the execution to control the commission (16)-(17) B.E. 2543 (2000). Added by section 4 of the Narcotics Control Act (No.3) (18) Repealed and Replaced by section 8 of the Narcotics Control Act (No.4) B.E. 2545 (2002) Section 14 Section 13 bis Section 13 tri (1) premises to search when there is a reasonable to enter any dwelling places or (2) is a reasonable ground to suspect to search any person or conveyance which there (3) to arrest any person who committed the offence relating to narcotics; In case of the business places where were ordered to be closed or suspended of In case of the business places where of business licence and the procedure of such The temporary closure or suspension (18) (16) (17) the powers to issue the notifications on specific measure for prevention and suppression of any and suppression measure for prevention on specific to issue the notifications the powers kind of business places to be under the business place and prescribe any narcotics offence in Gazette. as published in the Government controlled of such measure, narcotics, the member, Secretary-General, Deputy Secretary-General and competent official narcotics, the member, Secretary-General, shall have the following powers: ground to suspect that there is person who had a reasonable ground to suspect that committed ground to suspect that there is person to be an offence the offence relating to narcotics is hidden or there is property which possesses in the commission or acquired through the commission of an offence or used or intended to use together with a of the offence relating to narcotics or which may be used as the evidence, search warrant, such reasonable ground to believe that because of more delayed to got the or transformed in person shall escaped or such property shall removed, hidden, destroyed original; that there are narcotics unlawful hidden; relating to Section 13 bis committed in the business place, if the proprietor or overseer of the 13 bis committed in the business place, relating to Section he or she has no advisable exercise not clarity or prove to the Board that business places could has the power to order the temporary in such circumstances. The Board as might be expected licence within the period of not places or suspension of business closure of the business from the day of proprietor or overseer have informed exceeding fifteen days in each time the order. business licence are the places under control of other legislations, the Secretary General has to business licence are the places under agencies which taking control of such business inform the mentioned order to that concerned to perform in accordance with the order. and then such concerned agency has as mentioned in the paragraph one as well as the notification to the proprietor or the overseer agency as mentioned in the paragraph two shall be in proceeding of notice to other concerned condition as prescribed by the Minister. accordance with the rule regulation and NARCOTIC LAWS OF THAILAND Assembly ofSenate. together withtheCouncilofMinistersopinionsto Assembly ofRepresentatives,andthe result ofperformanceachievement,fortheCouncil ofMinisterstosubmitsuchreport its shallreportoffact,obstructionproblem,amount theperformanceanddetailof section 14tosubmittheCouncilofMinistersforreport resultofannualperformance,whereby Secretary-General andcompetentofficialshallbean underthePenalCode. produce theinstrumentofauthorizationtopersonconcernedeachtime. been soauthorized. by meansofexecutinganinstrumentauthorizationanddeliveringittoeachofficialwhohas before performance,shallbeprescribedbytheSecretary-GeneralwithapprovalofBoard powers anddutiesasreferredtoinparagraphone,orshallhavetheapprovalofanyperson or defenseofficialthatholdthepositionup-tofromcommanderofacompanylikewise. from levelofseven,orpoliceofficerthatholdthepositionup-toinspectorlikewise, official whoisthechiefofsearchingshallbeacivilservantthatholdpositionup-to could bedone.Andifshouldthesearchinginnighttimeaftersunset,competent competent officialwhosearchedshallconsignwithacopyofsuchletterimmediatelyas dwelling placeorwheresearched.Butifhavenopossessoratsuchplace,the that establishedthecapabletoenterforsearchinletter,givenitspossessorof who istopper,andrecordthereasonablegroundtosuspectbelieve before entertosearch,reportonthereasonandresultofsearchinginlettersuperior shall performaccordingtotherulesprescribedbyBoard,andproduceaninnocent examination orsupplementtheconsideration. Government agencytogivestatementorsubmitanyaccount,documentmaterialfor used astheevidence; which usedorintendedtouseinthecommissionofoffencerelatingnarcoticsmaybe The Secretary-Generalshallpreparethereportofresult oftheperformanceunder In theexecutionunderthissection,member, Secretary-General,Deputy The competentofficialwhohasbeensoauthorizedunderparagraphoneshall A competentofficialofanypositionandlevelwhoistohaveallorpartsuch The powersexecutionunderparagraphone(1),thecompetentofficialwhosearched toissuealetterofinquiryorsummonanypersontheofficial (7) tomakeaninquiryoftheallegedoffenderinoffencerelatingnarcotics; (6) tosearchundertheprovisionsofCriminalProcedureCode; (5) toseizeorattachnarcoticswhichthereareunlawfulpossessedanyproperty (4) 6 NARCOTIC LAWS OF THAILAND 7 In the case where there is a reasonable ground to believe that In the case where there is a reasonable In case of having necessity or with a reasonable ground to believe or with a reasonable having necessity In case of In the performance of duties of the competent official under section In the performance of duties of the (19) Added by section 5 of the Narcotics Control Act (No.3) B.E. 2543 (2000) (20-21) Added by section 9 of the Narcotics Control Act (No.4) B.E. 2545 (2002) The procedure of examination or testing as mentioned in the paragraph one shall be examination or testing as mentioned The procedure of Section 14 tri Section 14 fourth Section 14 bis Section 14 The permission under paragraph one, Chief Justice of the Criminal Court shall The permission under paragraph one, (1) that there is committed for or will be there is a reasonable ground to believe (2) there is a reasonable ground to believe that its will receive the information (3) may not used other procedure that have more suitability and effective. Court shall The permission under paragraph one, the Chief Justice of the Criminal (20) (21) (19) in accordance with the rules, procedures and conditions notified by the Board and published the rules, procedures and conditions in accordance with Gazette. in the Government that any person or any group of persons consumed narcotics in any dwelling place or any other dwelling place narcotics in any of persons consumed or any group that any person or the Deputy Secretary General the member, the Secretary-General, place or in the vehicle, to examine or order the suspected under this Act shall have the power the competent official or a group of persons have some or to be tested whether such person person to be examined within their bodies or not. narcotics substances consider to the affect of individual rights or any right together with the following reason and consider to the affect of individual rights necessary: committed offence relating to narcotics; of such information; relating to the commission of offence relating to narcotics from the accessing conditions or not. order to permit not more than ninety days in each time, by whether required instrumental under And the person who concerned with that information in the communication this section. In after such order shall give the cooperation to the execution accordance with necessary is not in having the permission order, if its appear the fact that the reason and of Justice of the accordance with the prescribed, or the circumstance was changed, the Chief 14 or section 14 bis, if the competent official requested any person to assist that performance 14 or section 14 bis, if the competent powers to assist that performance of the competent official. of duties, such person shall have the by any post, telegraph, telephone, fax telephone, any document or information which transmit electronic communication or communication computer, tool or instrument in the communication, or may be used for the purpose of the commission by information technology was used competent official who have approved in letter of the offence relating to narcotics. The application to Chief Justice of the Criminal Court for Secretary-General shall submit unilateral official of obtained such information. having an issue to permit the competent NARCOTIC LAWS OF THAILAND liable toafineoftenthousandbathfiftybath. this ActordidnotperformhisherresponsibilityinaccordancewithSection13bisshallbe not beconsideredasthatoftheinquiryofficialunderCriminalProcedureCode. for furtherproceedings;providedthat,thekeepingofsaidarrestedpersonincustodyshall they shallsendthearrestedpersontoinquiryofficialunderCriminalProcedureCode than threedays.Uponthelapseofsuchperiodorbeforeithaselapsedastheymaythinkfit, keep thepersonarrestedincustodyundersection14(3)forinquiryaperiodofnotmore official undertheCriminalProcedureCodeforentireKingdom,andshallhavepowerto under section14(3)shallbedeemedtohavethesamepowersanddutiesasinquiry General, theDeputySecretary-Generalandcompetentofficialwhohavebeenauthorized rules prescribedbytheBoard. the investigationandtobeusedasevidenceincaseprosecution,allthisisdue report thattheexecutiontoChiefJusticeofCriminalCourtacknowledge. Criminal Courtmaychangesuchpermissionorderinappropriate.. under section14fourth,committedbyanymeanstoprovided otherpersonknewormaybe that shallbeliablelikewisetheparagraphone. performance ofdutiesthecompetentofficialundersection 14tri,thepersonwhocommitted in paragraphone. competent officialundersection14tri,theoffendershallbeliabletopunishmentasprovided or toafineofnotexceedingtenthousandBaht. pursuance ofsection14shallbeliabletoimprisonmentforatermnotexceedingsixmonths General, theDeputySecretary-GeneralorcompetentofficialwhoperformsanActin statements ortosubmitanyaccount,documentmaterialthemember,Secretary- (26) (25) (23) (22) Section 15 All ofinformationwhichobtainedunderparagraphoneshallkeepandusageonlyfor When thecompetentofficialhaveexecutedaccordingtopermission,itsshall (26) Addedbysection10oftheNarcotics ControlAct(No.4)B.E.2545(2002) (25) Addedbysection10oftheNarcotics ControlAct(No.4)B.E.2545(2002) (24) Comparedbysection90oftheNarcotics ActB.E.2522(1979) (23) RepealedandReplacedbysection7oftheNarcoticsControlAct(No.3)B.E. 2543(2000) (22) Addedbysection6oftheNarcoticsControlAct(No.3)B.E.2543(2000) Section 16/1 If thecommissionunderparagraphoneisoccurredto thepersonwhoassisted If suchactionunderparagraphoneiscommittedagainstpersonwhoassiststhe Section 16 Section 15bis Forthepurposeofexecutionsection14,member,Secretary- Any personwhoobstructs,orfailstorenderfacilities,refusesgive Any personwhokneworobtainedwhichtheinformation thatderived The proprietorortheoverseerofbusinessplacewhoviolated 8 (24) NARCOTIC LAWS OF THAILAND 9 (27) Any offence under this Act which shall be inflicted only a fine Any offence under this Act which The Minister of Justice shall have charge and control of the execution The Minister of Justice shall have charge The member, the Secretary-General, the Deputy Secretary-General or any the Deputy Secretary-General The member, the Secretary-General, Decree on Revising the Provision to relate to Transferring the Duty of government Organization according to the Decree on Revising the Provision to relate to Transferring the Duty of government Organization according Act Amending Ministry, Sub-ministry and Department B.E. 2545, section 74 Compared by section 100 of the Narcotics Act B.E. 2522 and section 10 of the Act on Measures for the Compared by section 100 of the Narcotics Act B.E. 2522 and section 10 of the Act on Measures Suppression of Offenders in an Offence Relating to Narcotics B.E. 2534 (1991) Added by section 8 of the Narcotics Control Act (No.3) B.E. 2543 (2000). (27) (28) (29) Ministry, Sub-ministry and Department B.E. 2545 (2002) section 33 and Royal Revised by the act Amending Section 17 bis Section 18 Countersigned by Mr.Thanin Kraivixian Prime Minister Translated by B. Laogortee (Mr. Boonyawichack Laogortee) Legal Affairs Division Office of the Narcotics Control Board If the commission under paragraph one is committed by member, Secretary-General, under paragraph one is committed by If the commission Section 17 (28) (29) of this Act and shall have the power to issue rules or regulations for the execution of this Act. of this Act and shall have the power to punishment, the Board or the persons who have been assigned has power to inflict a fine punishment, the Board or the persons punishment. Deputy Secretary-General and competent official, such person shall be liable to treble and competent official, such Deputy Secretary-General offence that referred in paragraph one. penalty imposed for knew such information shall be liable to imprisonment for a term of not exceeding five years of not exceeding for a term be liable to imprisonment information shall knew such in the that is the disclosure Baht, except one hundred thousand of not exceeding or a fine or under the law. performance of duties competent official who commits an offence under the laws relating to narcotics shall be liable to relating to narcotics shall be liable commits an offence under the laws competent official who for such offence. treble penalty imposed NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND (1) April B.E.2522 (1979) th 11 day of April B.E. 2522; nd year of the Present Reign. year of the Present th (2) B.E. 2522 (1979)* NARCOTICS ACT NARCOTICS BHUMIBOL ADULYADEJ, REX., BHUMIBOL ADULYADEJ, Given on the 22 Being the 57 This Act shall come into force as from the day following the date of its This Act shall come into force as from November B.E.2543, (No.5) B.E.2545, published in the Government Gazette, Vol. 119 Part 96A, The following shall be repealed This Act is called the “Narcotics Act B.E. 2522”. This Act is called the “Narcotics Act B.E. In this Act : th Vol.102, Part 154, dated 24 October B.E.2528 (1985) dated 29 dated 30 September B.E.2545 (1) Narcotics Act, B.E. 2465. (2) Narcotics Act (No. 2), B.E. 2479 ; (3) Narcotics Act (No. 3), B.E. 2502 ; (4) Narcotics Act (No. 4), B.E. 2504 ; (5) Narcotics Act (No. 5), B.E. 2518 ; (6) Marijuana Act, B.E. 2486 ; (7)B.E. 2486. Kratom** Plant Act, (3) 3 of the narcotics Act (No.2) B.E.2528 (1985), published in the Government Gazette Repealed by section (4) (1985) Repealed and Replaced by section 4 of the Narcotics Act (No.2) B.E.2528 * As amended by the Narcotics Act (No.2) B.E.2528 (1985), (No.3) B.E.2530 (1987), (No.4) B.E.2543 (2000) (1) by the Narcotics Act (No.4) B.E.2543, published in the Government Gazette Vol. 117, Part 111A, As amended (2) Gazette Vol.96, Part 63, dated 27 Published in the Government “narcotics” means any form of chemicals or substances which, upon being consumed “narcotics” means any form of chemicals Section 1 Section 2 Section 3 Section 4 His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that : Adulyadej is graciously pleased His Majesty King Bhumibol to revise the law on narcotics : Whereas it is expedient by and with the advice and consent of the Be it, therefore, enacted by the King, (4) (3) whether by taking orally, inhaling, smoking, injecting or by whatever means, causes physiological whether by taking orally, inhaling, smoking, injecting or by whatever means, of dosage, having or mental effect in a significant manner such as need of continual increase and mental need of withdrawal symptoms when deprived of the narcotics, strong physical or parts of plants dosage and the health in general being deteriorated, and also includes plant publication in the Government Gazette. National Legislative Assembly acting as the National Assembly as follows : National Legislative Assembly acting as NARCOTIC LAWS OF THAILAND synthesize byscientificmeansandincludesrepackagingorcombine-packaging; narcotic ingredients; but excludescertainformulaofhouseholdmedicineunderthelawondrugswhichcontain for theproductionofsuchnarcoticsasnotifiedbyMinisterinGovernmentGazette which areorgiveproductasnarcoticsmaybeusedtoproduceandchemicals information forcommercialpurposeunlessthetechnical document ortextbook. bol oranyactwhichcommunicatesmatterstotheunderstandingofmanypeople. ready forhumanoranimaluse: which containsnarcotics,andincludesnarcoticsintheformoffinishedpharmaceuticalproducts of narcoticaddicts; places astheMinisternotifiedinMinisteringGazettetobeplacefortreatment and follow-upthereafter; consuming onetime. narcotic dependencewherebysuchstateiscapableofbeingidentifiedonatechnicalbasis; (13) (12) (11) (10) (9) (8) (7) (6) “export” meanscarryorsendoutoftheKingdom; “import” meansbringororderintotheKingdom; “dispose” meanssell,distribute,giveawayindiscriminately,exchangeorgive; “produce” meanscultivate,plant,manufacture,mix,prepare,denature,transform, 1)(3 Addedbysection5oftheNarcoticsAct(No.5)B.E.2545 (2002) (12)-(13) RepealedandReplacedbysection4oftheNarcoticsAct(No.5)B.E.2545(2002) (10)-(11) Addedbysection4 of theNarcoticsAct(No.3)B.E.2530(1987) (9) Addedbysection3oftheNarcoticsAct(No.5)B.E.2545 (2002) (8) Addedbysection4oftheNarcoticsAct(No.3)B.E.2530 (1987) (7) RepealedandReplacedbysection3oftheNarcoticsAct(No.3)B.E.2530(1987),published intheGovernment (6) seetheNotificationofMinistryPublicHealthNo.135(B.E.2539) specifyingnamesandcategoriesof (5) “advertisement” includesanyactinmethodwhichpeoplecanseeorknowthe “information” includesanacttobedisplacedbyalphabet,picture,film,light,sound,sym- “medicinal formula”meansaformulaofpreparationregardlessformordescription “pharmacist” meansapharmaceuticalpractitioneraslaw. “medical establishment”meanshospitalclinicconvalescinghomeorsuchother “treatment” meansthetreatmentofanarcoticaddictwhichalsoincludesrehabilitation “dose” meanstablet,sachet,bottleorsuchotherdoseswhichismadeasusualfor “narcotic addiction”meanshabituallyconsumingnarcoticsandbeinginthestateof “consume” Meanstakeinnarcoticsbywhatevermeans; Gazette Vol.104,Part269,dated28thDecemberB.E.2530(1987) (B.E.2542), No.158(B.E.2542)andNo.170(B.E.2544) narcotics accordingtoNarcoticsActB.E.2522(1979)amendedby ActNo.150(B.E.2541),No.154 12 (5) , NARCOTIC LAWS OF THAILAND 13 (16) This Act shall not apply to the Office of the Food and Drug Board, Ministry apply to the Office of the Food and This Act shall not The Minister of Public Health shall have charge and control of the execution The Minister of Public Health shall have Narcotics shall be classified into 5 categories, viz : Narcotics shall be classified into 5 categories, (14) See Lists under the Notification of the Ministry of Public Health No.135 (B.E.2539), Category II of Narcotics No.100 See Lists under the Notification of the Ministry of Public Health No.135 (B.E.2539), Category II of Narcotics Repealed and Replaced by section 5 of the Narcotics Act (No.3) B.E.2530 (1987) See the Notification of the Ministry of Public Health No.135 (B.E.2539), Category V of Narcotics No.3 and No.4 (14) (15) (16) Such Ministerial Regulations and Notifications shall come into force upon their Such Ministerial Regulations and Section 7 (1) category I consists of dangerous narcotics such as heroin; (2) as morphine, cocaine, codeine, category II consists of ordinary narcotics such “licensee” means a holder of a licence under this Act; a licence under this means a holder of “licensee” Drug Board or person of the Food and Secretary-General authority” means the “licensing this Act ; the Narcotics Control Committee under “Committee” means Minister for the execution of means a person appointed by the “competent official” the Food and Drug Board; means the Secretary-General of “Secretary-General” of the execution of this Act. Minister having charge and control “Minister” means the Section 5 Section 6 (4) chemicals used for producing narcotics of category I or category IV consists of (5)category IV category V consists of narcotics which are not included in category I to (3) category III consists of narcotics which are in the form of medicinal formula and (15) publication in the Government Gazette. medicinal opium; of this Act and the power to appoint competent officials, issue Ministerial Regulations of this Act and the power to appoint provided in the schedules hereto attached, granting prescribing fees not exceeding the rates other activities, and to issue Notifications for the execution exemption from fees, and prescribing of this Act. entrusted by the Secretary-General of the Food and Drug Board ; of the Food and Drug entrusted by the Secretary-General this Act ; Food and Drug Board shall submit semi-annual report of Public Health but the Office of the other operational procedures pertaining to the control of on the receipt, distribution, storage and and the Committee shall submit such reports together narcotics to the Committee for information, issue of orders. with its opinions to the Minister for further contain narcotics of category II as ingredients in accordance with the rules prescribed by the contain narcotics of category II as ingredients in accordance with the rules Minister and published in the Government Gazette; category II such as acetic anhydride, acetyl chloride ; such as marijuana, kratom plant. NARCOTIC LAWS OF THAILAND rules formedicalestablishment. licensing authoritymaypermittoproduce,import,disposeorpossess; for medicinalandscientificpurposesthroughouttheKingdom; of narcoticsaswellpackagingandstorage; for medicinalpurposes. with section8(1). section 7; notify thefollowinginGovernmentGazette. (20) (19) (20) (19) (18) SeetheNotificationofMinistryPublicHealthNo.135(B.E.2539),Specifyingnamesandcategories of (17) prescribingrulesandregulationsforthecontroloftreatmentdisciplinary (8) establishingmedicalestablishments; (7) prescribingrulesconcerningnarcoticsofcategoryIIIundersection7(3); (6) prescribingrulesandprocedureofquantitynarcoticswhicha (5) prescribingthequantityandadditionalofnarcoticstobeusedannually (4) prescribingstandardsonquantity,ingredients,quality,purityorotherdescriptions (3) revokingoralteringthenamecategoryofnarcoticsunder(1); (2) Section 8 For thepurposeofthissection,medicinalopiummeansprocessedtobeused Provided thatthenamesofnarcoticsshallbespecifiedbyMinisterinaccordance 1 specifyingthenamesofnarcoticsinordertoindicatecategoryunder (1) (17) Added bysection6oftheNarcoticsAct (No.3)B.E.2530(1987) Repealed andReplacedbysection6of theNarcoticsAct(No.5)B.E.2545(2002) See theNotificationofMinistryPublic HealthNo.66(B.E.2529), narcotics accordingtoNarcoticsActB.E.2522(1979) TheMinister,withtheapprovalofCommittee,shallhavepowerto 14 (18) NARCOTIC LAWS OF THAILAND 15 CHAPTER 1 CHAPTER Narcotics Control Committee Narcotics Control A qualified member vacates his office upon : A qualified member vacates his office A qualified member shall hold office for a term of two years. A qualified member shall hold office for There shall be a Committee called the “Narcotics Control Committee” Committee called the “Narcotics Control There shall be a At a meeting of the Committee, the presence of not less than one-half of Section 9 Section 10 An outgoing member may be re-appointed. Section 11 (1) death; (2) resignation; (3) being removed by the Minister; (4) being a bankrupt; (5) incompetent or quasi-incompetent person ; being an (6) except for an being imprisoned by a final judgment to a term of imprisonment, (7) or licence to engage in the medical having his licence to practise the art of healing term the When a qualified member vacates his office before the expiration of his appointed In the case where a member is appointed during the term of members already Section 12 consisting of the Under-Secretary of State for Public Health as Chairman, Director-General of as Chairman, Director-General of State for Public Health consisting of the Under-Secretary of the Medical Science Department or representative, Director-General the Medical Service Health Department or representative, Director-General of the Department or representative, Director-General of the Department the Police Department or representative, Director-General of or of the Customs Department or representative, Director-General of Public Prosecutions the Council of state or representative, Secretary-General representative, Secretary-General of a representative from the Ministry of Defence of the Narcotics Control Board or representative, members appointed by the Minister, as members, the and not more than seven qualified Board shall be member and secretary and the Chief Secretary-General of the Food and Drug of the Food and Drug Board shall be member and of the Narcotics Control Division, Office assistant secretary. offence committed through negligence or petty offence; or profession suspended or revoked. Minister may appoint another person to replace him. hold office for the notwithstanding it is a new appointment or replacement, the appointee shall remaining term of the members already appointed. the total number of members is required to constitute a quorum. If the Chairman is not present at the total number of members is required to constitute a quorum. If the Chairman elect one among the meeting or is unable to perform his duties, the members present shall NARCOTIC LAWS OF THAILAND export orpossessnarcoticsofcategoryIVandV; and Departments; cooperation withtheofficeofNarcoticsControlBoardandotherMinistries,Sub-ministries competent officialsfortheexecutionofthisAct; over themeetingshallhaveanadditionalvoteascastingvote. themselves topresideoverthemeeting. entrusted bytheBoard. responsibilities oftheCommitteeorentrustedbyMinister. seventy fivemilligramsormoreisofnarcoticssubstances thereofoffifteendosesormoreis disposal followings shallberegardedasproduction,import,export orpossessionforthepurposeof procedure andconditionsprescribedintheMinisterialRegulations. of categoryI,unlesstheMinisterpermitsfornecessity oftheuseforgovernmentservice. (21) 6 togiveapprovalfortheMinisterissuelicencesproduce,disposeof,import, (6) tosubmitopinionstheMinisterinregulationofgovernmentservices (5) togiveapprovalfortheMinisterdesignatepositionsandlevelsof (4) togiveapprovalforthelicensingauthoritysuspendorrevokelicences; (3) togiveapprovalfortheMinisteractinaccordancewithsection8; (2) tosubmitopinionstheMinisterinaccordancewithsection5; (1) Section 13 Each membershallhaveonevote.Incaseofanequalityvotes,thepersonpresiding The decisionofthemeetingshallbemadebyamajorityvotes. (22) (21) (22) Section 12shallbeappliedmutatismutandistothemeetingsofsub-committee. Section 14 toperformotherdutiesbythisActorvirtueoflawsbetheauthoritiesand (7) 1 DextrolyzerorLSDisofthequantitycomputedto be puresubstancesofzeropoint (1) The production,import,exportorpossessionofnarcotics ofcategoryIinquantityasthe The applicationforalicenceorthepermissionshallbe inaccordancewiththerules, Section15 Application foranIssuanceofLicencesConcerningNarcotics Repealed andReplacedbysection8of theNarcoticsAct(No.5)B.E.2545(2002) Repealed andReplacedbysection7of theNarcoticsAct(No.5)B.E.2545(2002) TheCommitteeshallhavetheduty: TheCommitteemayappointasub-committeetocarryoutanymatteras Nopersonshallproduce,import,export,disposeoforpossessnarcotics CHAPTER 2 16 NARCOTIC LAWS OF THAILAND 17 No person shall produce, import, or export narcotics of category II, produce, import, or export narcotics No person shall The licensing authority may issue a licence to dispose of or possess No person shall dispose of or possess narcotics of category II unless he No person shall dispose of or possess The provision of section 17 shall not apply to: The provision of section 17 shall not Repealed and Replaced by section 8 of the Narcotics Act (No.5) B.E.2545 (2002) (23) Section 16 of a licence shall be in accordance with the The application for and the issuance under paragraph one, the person who apply for In considering a licence to a person Section 17 II in quantity computed to be pure substances The possession of narcotics of category of a licence shall be in accordance with the The application for and the issuance Section 18 (1) is the possession of narcotics of category II in quantity not exceeding that which (2) the possession of narcotics of category II in quantity not exceeding that which Section 19 (1) Ministry, Sub-Ministry, Department, local administrative organization including (2) to be pure amphetamine is of the quantity computed Amphetamine or derivative (3)quantity computed to be pure I unless (1) and (2) is of the Narcotics of category (23) unless he has obtained the licence from licensing authority for the necessity of the use for for the necessity of the use the licence from licensing authority unless he has obtained government service. in Ministerial Regulations. rules, procedure and conditions prescribed in analysis or accession of technical document in a licence shall be responsible for expenses prescribed by the Committee by publication in the accordance with rules and procedure Government Gazette. has obtained a licence. regarded as possession for the purpose of disposal. of one hundred grams or more shall be in the Ministerial Regulation. rules, procedure and conditions prescribed by a medical practitioner or first-class modern medical necessary for personal use as certified practitioner in the branch of dentistry who is in charge of the treatment; on board a ship, is necessary for ordinary first-aid treatment or in case of emergency occurring and is not registered aircraft or any other vehicle which is used in international public transport the application for a within the Kingdom; but if the said vehicle is registered in the Kingdom, licence shall be filed in accordance with section 17. narcotics of category II, if it appears that the applicant is: Organization; Bangkok Metropolitan Administration, Thai Red Cross Society or Pharmaceutical substances of three hundred seventy five milligrams or more or is of narcotics substances hundred seventy five milligrams substances of three point five grams or more. or more or is of pure weight of one thereof of fifty doses grams or more. substances of three of pure weight of three hundred milligrams or more. of three hundred of pure weight NARCOTIC LAWS OF THAILAND narcotics andmayprovideanyconditionasitthinksfit consider thenecessityofpossessionforpurposedisposalor procedure andconditionsprescribedintheMinisterialRegulations. shall possessthequalificationsasprescribedinsection 19 (3). the animalunderhiscure. III whichfirst-classveterinarypractitionerdisposeorpossessforthepurposeofdisposalonly under histreatment, III whichpharmaceuticalpractitioner,dentalpractitionerdisposeorpossessonlyforthepatient licensing authority purpose ofdisposalnarcoticscategoryII,unlesshehasobtainedthelicencefrom suspension orrevocationhasnotbeenelapsed. veterinary practitionerorlicenceunderthisActsuspendedrevokedandtheperiodof engage inpharmaceuticalpractitioner,licencetodentalpractitionerorfirst-class law onmedicine. law onmeasuresforthesuppressionofoffendersinanoffencerelatingtonarcoticsand law onpsychotropicsubstances,theControllingUseofVolatileSubstances, veterinary practitionerand (25) (24) In consideringalicencetopersonunderparagraphone,thelicensingauthorityshall (25) (24) The applicationforandissuanceofalicenceshallbe inaccordancewiththerules, Provide thatthemedicalprofession,dentalpractitioner, first-class veterinarypractitioner The disposalorthepossessionforpurposeofnarcoticscategory (2) The disposalorthepossessionforpurposeofnarcoticscategory (1) The provisionsofparagraphoneshallnotapplyto: Section 20 medicalprofession,pharmaceuticalpractitioner,dental first-class (3) personengaging intheinternationalpublictransport;or (2) Repealed andReplacedbysection10of theNarcoticsAct(No.5)B.E.(2002) Repealed andReplacedbysection9of theNarcoticsAct(No.5)B.E.2545(2002) e notbeinganincompetentorquasi-incompetent. (e) notbeingapersonofunsound mindormentalinfirmity. (d) nothavinghislicencetoengageinthemedicalprofessionor (c) nothavingbeenconvictedbyafinaljudgementofthelawonnarcotics, (b) havingplaceofresidenceinThailand. (a) Nopersonshallproduce,import,export,disposeoforpossessforthe 18 NARCOTIC LAWS OF THAILAND st 19 The licence issued under section 20 and section 22 shall extend to Each time a licensee under section 20 imports or exports narcotics of Each time a licensee under section The licensee under this Act shall be exempted from compliance with the The licensing authority may issue a licence to produce, dispose of, import may issue a licence to produce, The licensing authority The licence issued under section 17 and section 20 shall be valid until 31 The licence issued under section 17 No person shall produce, dispose of, import, export or possess narcotics of The possession of narcotics of category III which is higher than the quantity of the the quantity of is higher than of category III which of narcotics The possession Section 21 (1) or to import or order licence to produce or sell modern drugs has obtained a (2)hours of operation. on regular duty at all time during the has a pharmacist III shall dispose of the said or import narcotics of category The licensee to produce Section 22 If the licensee does not apply for a renewal of a licence or the licensing authority If the licensee does not apply for a shall be in The application for a renewal of licence and the permission thereof Section 24 The application for and the issuance of a licence shall be in accordance with the The application for and the issuance Section 23 It shall be presumed that an act of the employee or agent of the licensee done in It shall be presumed that an act of the employee or agent of the licensee Section 25 Section 26 Minister prescribed by the approval of the Committee shall be presumed as possessing for presumed as possessing shall be approval of the Committee by the Minister prescribed disposal. applicant; of category III when it appears that the or export narcotics and the Kingdom under the law on drugs; modern drugs into a licence to dispose of narcotics. narcotics without being obliged to obtain December of the year the licence was issued. If the licensee wishes to apply for a renewal December of the year the licence was before the expiration thereof. Having filed the of his licence, he shall file an application until such time when the licensing authority makes application, he may carry on his business an order refusing the application. under paragraph one, all narcotics which the licensee makes an order refusing the application has in his possession shall become the property of the or the applicant for a renewal of licence of Public Health shall pay the compensation as it Ministry of Public Health, and the Ministry thinks fit. Regulation. accordance with the rules, procedure and conditions prescribed in the Ministerial category III, the licensee shall obtain an export or import licence from the licensing authority. category III, the licensee shall obtain an in the Ministerial Regulation. rules, procedure and conditions prescribed employees or agents of the licensee. law on drugs and the law on psychotropic substances. accordance with the duties so entrusted is also the act of the licensee. the approval of the category IV or category V unless the Minister has issued the licence with Board for each case. NARCOTIC LAWS OF THAILAND in accordancewithSection8(5). nature; separate storageatasecureandsafeplaceunderlockor protectedbyotherdevicesofthesame the MinisterialRegulation; category IIIsoproduced,inaccordancewiththerules, procedure andconditionsprescribedin or cautionfortheuseofnarcoticsattachedtocontainer orpackagecontainingnarcoticsof making suchanalysis; showing thedetailedanalysiswhichmustbekeptfornotlessthanthreeyearsfromdateof bringing themoutoftheplaceproductionandsuchanalysisshallbeevidencedbyareport signboard shallbeprescribedintheMinisterialRegulation; that itisaplaceforproducingnarcotics.Thedescriptionandsizeofthestatementon category IIarestolenorlostdestroyed. lock orprotectedbyotherdevicesofthesamenature; outside theplacespecifiedinlicence. conditions prescribedintheMinisterialRegulation. upwards shallberegardedaspossessingfordisposal. (26) (26) keepnarcoticsofcategoryIItobeused forproducingnarcoticsofcategoryIIIin (4) providealabelandleafletforthenarcoticsofcategory IIIorastatementofwarning (3) provideananalysisofthenarcoticscategoryIIIproducedeach timebefore (2) provideasignboardinconspicuousplaceathisofproductionshowing (1) Section 29 promptlynotifythelicensingauthorityinwritingcasewherenarcoticsof (2) keep narcoticsofcategoryIIinseparatestorageatasecureandsafeplaceunder (1) Section 28 Section 27 Section 26/1 The applicationforalicenceshallbeinaccordancewiththerules,procedureand The possessionofnarcoticscategoryIVorVinquantitytenkilograms Added bysection11oftheNarcoticsAct (No.5)B.E.2545(2002) The licenseetoproducenarcoticsofcategoryIIIshall: The licenseeundersection17shall: No licenseeundersection17shalldisposeofnarcoticscategoryII Thequantityofnarcoticswhichispermittedbythischaptershallbe Duties ofLicensees CHAPTER 3 20 NARCOTIC LAWS OF THAILAND 21 The licensee to produce narcotics of category IV shall: The licensee to produce narcotics of The licensee to dispose of the narcotics of category III shall: The licensee to dispose of the narcotics The licensee to import or export narcotics of category III shall: or export narcotics of category III The licensee to import (5) the narcotics of in the case where authority in writing notify the licensing promptly Section 30 (1) of the licensee place at his place of business provide a signboard in a conspicuous (2) producer showing the detailed a certificate to be issued by the original provide (3)the narcotics of category III; on the container or package containing provide a label (4)narcotics of category III or a statement of warning provide a label and leaflet for the Section 31 (1) his place of disposal showing that it provide a signboard in a conspicuous place at (2) drugs or provide a separate storage for the narcotics of category III from other (3) label, leaflet, statement of warning or caution ensure that there shall be perfect Section 32 (1) a signboard in a conspicuous place at his place of production showing provide (2) provide an analysis of the narcotics of category IV produced each time before (3) of warning provide a label and leaflet for the narcotics of category IV or a statement (4) keep the narcotics of category IV so produced in separate storage at a secure category II under (4) are stolen or lost or destroyed. under (4) are stolen category II narcotics of category III. The description place for importing or exporting the showing that it is a prescribed in the Ministerial Regulation; statement on the signboard shall be and size of and the III so imported or exported; the quality of the narcotics of category result of analysis of container or package containing the narcotics of category or caution for the use of narcotics on the with the rules, procedure and conditions prescribed in III so imported or exported, in accordance the Ministerial Regulation. of category III. The description and size of and the is a place for disposing of the narcotics in the Ministerial Regulation; statement on the signboard shall be prescribed substances; on the container or package containing the narcotics of for the use of narcotics of category III category III. and size of and the that it is a place for producing narcotics of category IV. The description statement on the signboard shall be prescribed in the Ministerial Regulation; by a report bringing them out of the place of production such analysis shall be evidenced from the date of showing the detailed analysis which must be kept for not less than three years making such analysis; III so produced, in or caution on the container or package containing the narcotics of category Regulation; accordance with the rules, procedure and conditions prescribed in the Ministerial and safe place under lock or protected by other devices of the same nature; NARCOTIC LAWS OF THAILAND with therules,procedureandconditionsprescribedin MinisterialRegulation. within fifteendaysfromthedayheisawareofloss,destruction ordefacement. licensee shallnotifythelicensingauthorityandfilean applicationforalicencesubstitute category IVarestolenorlostdestroyed. category IV: for theuseofnarcoticscategoryIVonacontainerorpackagecontaining substance; statement onthesignboardshallbeprescribedinMinisterialRegulation; it isaplacefordisposingofthenarcoticscategoryIV.Thedescriptionandsize category IVarestolenorlostdestroyed. secure andsafeplaceunderlockorprotectedbyotherdevicesofthesamenature; prescribed intheMinisterialRegulation; category IVsoimportedorexportedinaccordancewiththerules,procedureandconditions IV orastatementofwarningcautiononthecontainerpackagecontainingnarcotics result ofanalysisthequalitynarcoticscategoryIVsoimportedorexported; and thestatementonsignboardshallbeprescribedinMinisterialRegulation; it isaplaceforimportingorexportingthenarcoticsofcategoryIV.Thedescriptionandsize of categoryIVarestolenorlostdestroyed. The applicationforandtheissuanceofalicencesubstitute shallbeinaccordance Section 35 promptlynotifythelicensingauthorityinwriting casewherethenarcoticsof (4) ensurethatthereshallbeperfectlabel,leaflet,statementofwarningorcaution (3) provideaseparatestorageforthenarcoticsofcategoryIVfromotherdrugsor (2) provideasignboardinconspicuousplaceathisofdisposalshowingthat (1) Section 34 promptlynotifythelicensingauthorityinwritingcasewherenarcoticsof (5) keepthenarcoticsofcategoryIVsoimportedorexportedinseparatestorageata (4) providealabel on thecontainerorpackagecontainingnarcoticsofcategory (3) provideacertificatetobeissuedbytheoriginalproducershowingdetailed (2) provideasignboardinconspicuousplaceathisofbusinessshowingthat (1) Section 33 promptlynotifythelicensingauthorityinwritingcasewherenarcotics (5) ThelicencetodisposeofnarcoticscategoryIVshall: ThelicenseetoimportorexportthenarcoticsofcategoryIVshall: In thecasewherelicenceislost,destroyedormaterially defaced,the 22 NARCOTIC LAWS OF THAILAND 23 CHAPTER 4 CHAPTER Duties of Pharmacists The pharmacist who is under a duty to exercise control over the production is under a duty to exercise control The pharmacist who The pharmacist who is under a duty to exercise control over the disposal of The pharmacist who is under a duty to The pharmacist who is under a duty to exercise control over the import or The pharmacist who is under a duty Section 36 (1) accordance with this Act; over the production so as to be in exercise control (2) be labels and leaflets for the narcotics control in order that there shall exercise (3) control over the packing and labelling of the container or package so as exercise (4) so as to be in exercise control over the disposal of narcotics of category III (5) business throughout the be continuously on duty in exercising control over the Section 37 (1) category III in exercise control over the separate storage of the narcotics of (2) exercise control over the acts done in accordance with section 31 (3); (3)so as to be in accordance with this Act; exercise control over the disposal (4) business throughout the be continuously on duty in exercising control over the Section 38 (1) or exported narcotics of category III, in order exercise control over the imported (2) exercise control over the acts done in accordance with section 30 (3) and (4); (3) of the narcotics of category III so as to be in exercise control over the disposal (4) be continuously on duty in exercising control over the business throughout the of the narcotics of category III shall: of the narcotics of category of category III in accordance with section 29 (3); of category III in accordance to be in accordance with this Act; accordance with section 31; time of operation. the narcotics of category III shall: accordance with section 31 (2); time of operation. that they conform to the registration of medicinal formula; accordance with section 31; time of operation. export of narcotics of category III shall: NARCOTIC LAWS OF THAILAND (3) orprescribedintheregistered medicinalformulaofthenarcoticscategoryIII; to betheminimumormaximum limitprescribedintheNotificationofMinisterunder section8 that theactiveingredientsaremorethantenpercentlower orhigherthanthequantityprescribed differing fromthestandards: 8 (3)orprescribedintheregisteredmedicinalformulaof thenarcoticsofcategoryIII. to betheminimumormaximumlimitprescribedinNotification oftheMinisterundersection the activeingredientsaremorethantenpercentlower orhigherthanthequantityprescribed category III,whichisfalse; under section8(1)orthosecomplyingwiththeregisteredmedicinalformulaofnarcotics the placeofproduction,whichisfalse; expiry monthandyear,whichisfalse; category IIIbutinfactdonotcontainthenarcoticsofIII; fake narcotics: by orderoftheMinisterundersection46 not beenregisteredundersection43; narcotics ofcategoryIII: 1 narcoticsofcategoryIIIproduceddifferentlyfromthestandardstoextent (1) Section 41 narcoticsofcategoryIIIproduced differentlyfromthestandardstoextentthat (5) narcoticsofcategoryIII ornarcoticsspecifiedintheNotificationofMinister (4) narcoticsofcategoryIIIbearingthenameormarkaproducer,location (3) narcoticsofcategoryIIIbearingthenamesanotherorshowing (2) drugsorsubstanceswhichshow,bywhatevermanner,thattheyarenarcoticsof (1) Section 40 narcotics, themedicinalformulaofwhichhavebeenremovedfromregister (5) narcotics,themedicinalformulaofwhicharerequiredtoberegisteredbuthave (4) deterioratednarcoticsundersection42; (3) narcoticsdifferingfromthestandardsundersection41; (2) fakenarcoticsundersection40; (1) Section 39 ThefollowingnarcoticsofcategoryIIIorsubstancesshallberegardedas ThefollowingnarcoticsofcategoryIIIshallberegarded asnarcotics Nopersonshallproduce,disposeof,importorexportthefollowing Fake Narcotics,Narcoticsdifferingfrom Standards orDeterioratedNarcotics Narcotics ofcategoryIII CHAPTER 5 24 NARCOTIC LAWS OF THAILAND 25 CHAPTER 6 The licensee to produce or import narcotics of category III under section The following narcotics of category III shall be regarded as deteriorated of category III shall be regarded The following narcotics The license to produce or import narcotics of category III, who wishes to The license to produce or import narcotics Section 44 (27) Repealed and Replaced by Section 8 of the Narcotics Act (No.3) B.E.2530 (1987) (28) Added by section 12 of the Narcotics Act (No.5) B.E.2545 (2002) (29) Repealed and Replaced by section 8 of the Narcotics Act (No.3) B.E.2530 (1987) In considering the issuance under paragraph one, the person who apply to register In considering the issuance under paragraph one, the person who apply (1) the label registered in the III which have expired as shown on narcotics of category (2) extent that it has the same category III which have denatured to the narcotics of Section 43 the medicinal formula of the narcotics of category The application for the registration of (2) to characteristics essential purity or other III produced with the of category narcotics Section 42 Registration of a Medicinal Formula of the Narcotics of Category III Registration of a Medicinal Formula (29) (28) (27) for a medical fomular shall be responsible for expenses in analysis or accession of technical for a medical fomular shall be responsible for expenses in analysis or accession by publication document in accordance with rules and procedure prescribed by the committee in the Government Gazette. medicinal formula; section 40 or narcotics differing from the standards characteristics as fake narcotics under under Section 41. shall apply to the competent official for the registration of produce or import the said narcotics, and upon receipt of a certificate of registration of the medicinal formula of the said narcotics; may then produce or import the said narcotics into the the medicinal formula of narcotics, he Kingdom. registration of the medicinal formula of the said narcotics III and the issuance of the certificate of procedure and conditions prescribed in the Ministerial shall be in accordance with the rules, Regulation. narcotics: the quality of the active ingredients different from the limits prescribed in the Notification of the in the Notification the limits prescribed different from of the active ingredients the quality of medicinal formula of the narcotics 8 (3) or prescribed in the registered Minister under section category III. 43 may amend the particulars in the registration of the medicinal formula of the narcotics of 43 may amend the particulars in the registration of the medicinal formula Category III when he has obtained a written permission from the licensing authority. NARCOTIC LAWS OF THAILAND the rules,procedureandconditionsprescribedinMinisterial Regulation. formula ofthenarcoticscategoryIIIandissuancethereofshallbeinaccordancewith days fromthedateheisawareofloss,destructionordefacement. the licensingauthorityandfileanapplicationforasubstitutecertificatewithinfifteen of thenarcoticscategoryIIIislost,destroyedormateriallydefaced,licenseeshallnotify the MinisterialRegulation. of categoryIIIshallbeinaccordancewiththerules,procedureandconditionsprescribed permission toamendtheparticularsinregistrationofmedicinalformulanarcotics the orderofrevocationinGovernmentGazette. to revoketheregistrationofmedicinalformulanarcoticscategoryIIIbypublishing permission, theCommitteeshallsubmitmattertoMinisterwhohavepower formula ormaybeunsafetotheconsumersthereisareasonablecausewithdraw been issued,donotpossessthequalityasdeclaredinregistrationofmedicinal the medicinalformulaofwhichhasbeenregisteredandcertificatealready accordance withtherules,procedureandconditionsprescribedinMinisterialRegulation. formula ofthenarcoticscategoryIII,andpermissionrenewalthereofshallbein until thelicensingauthoritymakesanorderrefusingtorenewcertificate. the termofcertificate;andafterhavingfiledapplication,hemaycarryonhisbusiness certificate wishestoapplyforitsrenewal,heshallfileanapplicationbeforetheexpirationof category IIIshallbevalidforfiveyearsfromthedateofissuance.Ifpersonholding The applicationforasubstitutethecertificateofregistrationmedicinal Section 45 The applicationforamendingtheparticularsandissuanceofwritten Section 47 The orderoftheMinistershallbefinal. Section 46 The applicationfortherenewalofacertificateregistrationmedicinal When theCommitteeisofopinionthatanynarcoticscategoryIII, In thecasewherecertificateofregistrationmedicinalformula A certificateofregistrationthemedicinalformulanarcotics 26 NARCOTIC LAWS OF THAILAND 27 Advertisement CHAPTER 7 CHAPTER No person shall advertise relating to treatment or allow anyone to act No person shall advertise relating to In case when the licensing authority decides any advertisement violate In case when the licensing authority No person shall advertise narcotics for commercial purpose unless: narcotics for commercial purpose No person shall advertise (30) Repealed and Replaced by section 13 of the Narcotics Act (No.5) B.E.2545 (2002) (31) Added by section 14 of the Narcotics Act (No.5) B.E.2545 (2002) (32) Added by section 14 of the Narcotics Act (No.5) B.E.2545 (2002) Section 48/2 Section 48/1 of licence shall be in accordance with the rules, The application for and the issuance not apply to the medical establishment of the The provisions of paragraph one shall Section 48 (1) or category III is made directed to a of narcotics of category II the advertisement (2) IV on of category II, category III or category it is a label or leaflet for the narcotics picture, film, voice or picture record, under The advertisement which is document, of a licence shall be in accordance with the The application for and the issuance (1) of advertisement to correct wording or methods (2) the usage of some specific wording as appear on the advertisement to forbid (3) the use of such method for advertisement to forbid the advertisement or (4) to advertise in order to correct the misunderstanding that may happened rules and In the issuance of the order under (4) the licensing authority shall define the (32) (31) (30) procedure and conditions prescribed in the Ministerial Regulations. procedure and conditions prescribed State. thereof by using his name or the name or location or business of his medical establishment thereof by using his name or the name in his medical establishment unless he is permitted or qualifications or abilities of practitioners by the licensing authority. medical practitioner, dental practitioner, pharmaceutical practitioner, first-class veterinary dental practitioner, pharmaceutical medical practitioner, practitioner or thereof. the container or package licensing authority before advertising. paragraph one shall be permitted by in the Ministerial Regulations. rules, procedure and conditions prescribed Section 48 paragraph two or Section 48/1 paragraph two or there are usage of advertisement Section 48 paragraph two or Section has been permitted by the licensing authority, the wording not in accordance with what licensing authority shall have the powers to issue an order or orders as follows: the good faith in the methods of advertisement by taking into account of public interest and action of the advertising agency. NARCOTIC LAWS OF THAILAND before takingaction,shallbedesignatedbytheMinister, with theapprovalofCommittee,who duties asprescribedinparagraphone,whollyorpart, ormustbeauthorizedbyanyperson police ChiefofficerorequivalentthathastherankofLieutenant Colonelorhigher. official whoisthechiefofthatsearchmustbeacivil atpositionoflevel7upwardora immediately assoonpossible.Andincaseofasearch madeduringnighttime,thecompetent making thesearchshallsubmitcopyofsuchpapers anddocumentstotheoccupier dwelling place,searchedunlessthereisnooccupier atthatplace,thecompetentofficial cause tobelievethatbeentitleddosoandsubmitadocumentissuedtheoccupierof document toidentifyhimselfandtheofsearchingpowerincludingreasonable to recordsthereasonablegroundsbelieveandcompetentofficialshallshow good faithbeforesearching,toreportsreasonsandresultsthehighercommandingofficial, the searchshallactcompliancewithregulationpromulgatedbyCommitteetoidentify used orwillbetocommitanoffenceinaccordancewiththisAct. suspecting thattherearenarcoticshiddenunlawfully. diverted originalcondition. obtaining awarrantofsearchthepropertyislikelytoberemovedhidden,ordestroyed as evidence,andtherearereasonablegroundstobelievethatbyreasonofthedelayin committed anoffence,orusedwillbetocommitoffencethisActwhichmay grounds tobelievethatthereispropertywhichpossessedbeanoffenceoracquiredby permission underthisAct,inordertoinspectcomplianceswithAct. production, andtheplaceofdisposal,storagenarcoticsorpremisesthatrequirea as follows: (33) (33) The competentofficialofwhatrankandlevel, who shallhavethepowerand The usageofthepowerunderparagraphone(2),competentofficialmaking toseizeorattachunlawfullypossessednarcotics,anyotherpropertieswhichis (5) tosearchinaccordancewiththeprovisionsofCriminalProcedureCode (4) tosearchanypersonandvehiclewhentherearereasonablegroundsfor (3) toenterthedwellingplace,oranyplacesearchwhenthereisareasonable (2) toentertheplaceofbusinessimportorexportlicensee, (1) Section 49 Repealed andReplacedbysection15of theNarcoticsAct(No.5)B.E.2545(2002) IntheexecutionofthisAct,competentofficialshallhavepowers Competent Officials CHAPTER 8 28 NARCOTIC LAWS OF THAILAND 29 CHAPTER 9 Suspension and Revocation of Licences When any licensee violates or does not comply with this Act or Ministerial When any licensee violates or does not In the performance of duties, the competent official must provide his of duties, the competent official In the performance If it appears that any licensee lacks any qualification under section 19 or In the performance of duties, the competent official shall be official under In the performance of duties, the competent The licensee shall be notified of the order of suspension and the order of Section 52 In the performance of duties of the competent official under paragraph one, the paragraph one, official under of the competent of duties In the performance according to this Section to file a report of the result of the action The Minister shall Section 50 The person whose licence has been suspended may not apply for any licence The person whose licence has been suspended may not apply for Section 53 under this The person whose licence has been revoked may not apply for any licence Section 54 The identity card of the competent official shall be in the form prescribed in the The identity card of the competent Section 51 person concerned shall afford him every reasonable facility. person concerned shall include the facts, problems and the annual performance which the cabinet for reporting of the operation in details, for the of performance and the success obstacles, the amount House of People’s Representative and the report with its comment to the cabinet to forward the House of Senate. shall issue a document of authorization to the competent official. to the competent a document of authorization shall issue under this Act during the period of such suspension. the approval of the commits an offence under section 39, the licensing authority, with Committee, shall have the power to revoke his licence. Act until the period of two years from the date of the revocation has elapsed. been suspended or revocation in writing. In the case where the person whose licence has posted at the revoked is not found or refuses to receive the said order, it shall be conspicuously Regulation or Notification issued under this Act, the licensing authority, with the approval of Regulation or Notification issued under to suspend the licence for a period of not more than one the Committee, shall have the power but in the case where the licensee is prosecuted in the hundred and eighty days each time; the licensing authority may suspend the licence pending court for an offence under this Act, the final judgment of the court. identity card and the document of authorization under section 49 paragraph two to the person identity card and the document of authorization concerned. Ministerial Regulation. the Penal Code. NARCOTIC LAWS OF THAILAND return thenarcoticsandlicenceseizedundersection55tolicensee. practitioner inthebranchofdentistrywhohasobtainedalicenceundersection17. of curingdiseasesupontheprescriptionamedicalpractitionerorfirst-classmodern thereof fromthedateofreceivingorpostingorder. place specifiedinthelicence,andlicenseeshallbedeemedtohaveknowledge shall becomethepropertyofMinistryPublicHealth. or incaseofnecessity,atanyotherplacewhichtheMinistryPublicHealthmayprescribe. revoked forsafekeepingattheofficeofFoodandDrugBoard,MinistryPublicHealth, licence hasbeensuspendedorrevoked,andhiswhich administrative official,orpolicecompetent officialwhencarryouttheirduties, Gazette. Whereasinthenotification,shallatleaststate theprocedureofshowinggoodfaith the rules,procedureandconditionsnotifiedbyCommittee aspublishedintheGovernment authorization totheadministrativeofficial,orpoliceofficial orcompetentofficialofthisAct. designated bytheMinister,withapprovalofCommittee, whoshallissueadocumentof one, whollyorinpart,mustbeauthorizedbyanyperson beforetakingaction,shallbeas what rankandoflevel,whoshallhavethepowers anddutiesasprescribedinparagraph of personshavenarcoticswithintheirbody. to examineortestorderreceiveexaminationthatifwhethersuchpersongroup administrative official,orpoliceofficialcompetentunderthisActshallhavethepowers which istheoffenceinaccordancewiththisActdwellingplace,anyorvehicle, person oranygroupofpersonsconsumesnarcoticscategoryI,II,V (34) Section 55 Section 56 In thecasewherealicenceisrevoked,narcoticsseizedunderparagraphone 3)Added bysection16oftheNarcoticsAct(No.5)B.E.2545(2002) (34) The methodofexaminationortestunderparagraphone shallbeinaccordancewith The administrativeofficial,orpoliceofficialcompetentunderthisActof Section 58/1 Section 58 Section 57 NopersonshallconsumenarcoticsofcategoryIIunlessitisforthepurpose NopersonshallconsumenarcoticsofcategoryIorV. Afterthelapseofsuspensionperiod,competentofficialshall Thecompetentofficialshallseizethenarcoticsofpersonwhose In caseofnecessityandtherearereasonablegroundstobelievethatany Special MeasuresofControl CHAPTER 10 30 NARCOTIC LAWS OF THAILAND 31 In the case where the licensee to dispose of or possess narcotics of In the case where the licensee to The licensee under section 17, section 20 and section 26 shall make The licensee under section 17, section In case when the licensee would like to dispose of or possess narcotics licensee would like to dispose of or In case when the The Minister shall prescribe the quantity of narcotics of category II to be prescribe the quantity of narcotics of The Minister shall when a medical establishment for the treatment of the narcotic addicts has Added by section 17 of the Narcotics Act (No.5) B.E.2545 (2002) (35) Section 60 Section 59 The application and the issuance of licence shall be in accordance with the rules, The application and the issuance of applied mutatis-mutandis. The provisions of Section 8(5) shall be Section 61 Section 62 shall be in The receipted and expenditure accounts of narcotics under paragraph one Section 63 (35) used annually for medical and scientific purposes throughout the Kingdom by notifying in the medical and scientific purposes throughout used annually for and prescribe the additional quantity not later than January each year, Government Gazette in the same manner. by notifying in the Government Gazette in case of necessity and the procedure related to non-disclosure of the examination and test resulting to any and test resulting of the examination to non-disclosure procedure related and the is suspect first place that it it appears at the relevant duty, when does not have person who for the final result within the body, until there is examination that there is narcotics of category II exceeding the quantity prescribed in Section 8(5), he may apply especially for the the quantity prescribed in Section of category II exceeding licence. procedure and conditions prescribed in the Ministerial Regulations. procedure and conditions prescribed expires, the heir or the possessor or the administrator category II died before the licence ninety days from the date the licensee died, and the shall notify the licensing authority within to seize the narcotics of the licensee left for safe competent official shall have the power Drug Board, Ministry of Public Health, the Ministry of keeping at the Office of the Food and for the seized narcotics as it thinks fit. Public Health shall pay compensation narcotics, and submit monthly and yearly reports to the receipted and expenditure accounts of shall be kept ready for showing to the competent official at Secretary General. The said accounts of five years from the date of entering the final item on any time during the office hours for a period the accounts. accordance with the form prescribed in the Ministerial Regulation. regulations for the been established under section 8 (7), the Minister shall designate rules and control of such treatment, and disciplinary rules for the said medical establishment. NARCOTIC LAWS OF THAILAND to theCommittee. authority accordingtoSection48/2disagreeswithsuchorder,heshallhavetherightappeal for atemporaryperiodbeforeconsiderationofappeal. of theorderfromlicensingauthority,exceptwhen theCommitteeshallorderotherwise Regulations. within fourteendaysfromthedateofobtainingorder ofthelicensingauthority. therewith, thesaidnarcoticsshallbecomepropertyofMinistryPublicHealth. days fromthedateoforder.Incasewherepersonsoorderedfailstocomply narcotics intransittocarrythesaidoutofKingdomwithinperiodsixty Secretary-General forinformation.Thehasthepowertoordercarrierof thirty daysfromthedatenarcoticsareimported,customsofficialshallreportto category VintransitdoesnotcarrythesaidnarcoticsoutofKingdomwithinperiod in transitshallcarrythesaidnarcoticsoutofKingdom. IV andcategoryVinsafecustodyataproperplaceuntilsuchtimewhenthecarrierofnarcotics and consenttothekeepingoforhavingnarcoticsincustodybycustomsofficial. country accompanyingthenarcotics,andmustproducesaidlicencetocustomsofficial transit, thecarriermustobtainalicenceissuedbycompetentauthorityofexporting (38) (37) 3)(8 Addedbysection18oftheNarcoticsAct(No.5)B.E.2545 (2002) (36)-(38) The decisionoftheCommitteeshallbefinal. The appealoforderaccordingtothefirstparagraphshall notbeastayofexecution Rules andmethodofappealtrailprocedureshall be prescribedintheMinisterial Section 64/2 Section 64/1 Section 64 In thecasewherecarrierofnarcoticscategoryI,II,IVand The customsofficialshallkeeporcontrolthenarcoticsofcategoryI,II, IncarryingnarcoticsofcategoryIII,IV,andVin The appealunderSection64/1shallbesubmittedtotheCommittee In casewhenthepersonwhotakesorderfromlicensing Carriage ofNarcoticsinTransit (36) CHAPTER11/1 CHAPTER 11 APPEAL 32 NARCOTIC LAWS OF THAILAND 33 Penalties CHAPTER 12 CHAPTER Any person who disposes of or possesses for disposal narcotics of Any person who disposes of or possesses Any person who possesses narcotics of category I without permission Any person who produces, imports or exports the narcotics of category I in imports or exports the narcotics Any person who produces, Repealed and Replaced by section 19 of the Narcotics Act (No.5) B.E.2545 (2002) Section 67 (39)-(40) and Replaced by section 19 of the Narcotics Act (No.5) B.E.2545 (2002) Repealed (41) Section 66 is in quantity computed to be pure substances If the narcotics under paragraph one substances If the narcotics under paragraph one is in quantity computed to be pure Section 65 If the commission of the offence under paragraph one is committed for the purpose of the offence under paragraph one If the commission is a production by retailing or of the offence under paragraph one If the commission paragraph three is committed for the purpose If the commission of the offence under (41) (40) (39) and in quantity computed to be pure substances, or in number of used dosage, or in net weight, and in quantity computed to be pure substances, or in number of used dosage, shall be liable to that does not reach the quantity prescribed in Section 15 paragraph three, thousand to two imprisonment for a term of one year to ten years, or to a fine of twenty hundred thousand baht, or to both. of the quantity prescribed in Section 15 paragraph three, but not over twenty grams, the offender of the quantity prescribed in Section 15 term of four years to life and to a fine of four hundred shall be liable to imprisonment for a thousand to five million Baht. for life and to of the quantity over twenty grams, the offender shall be liable to imprisonment a fine of one million to five million baht, or death penalty. category I without permission and in quantity computed to be pure substances, or in number category I without permission and in does not reach the quantity prescribed in Section 15 of used dosage, or in net weight, that for a term of four to fifteen years, or to a fine of paragraph three, shall be liable to imprisonment baht, or to both. eighty thousand to three hundred thousand of disposal, the offender shall be liable to death penalty. of disposal, the offender to the pure substances, or in number of used dosage, or whole-selling and in quantity computed quantity prescribed in Section 15 paragraph three, the in net weight, that does not reach the for a term of four years to fifteen years, or to a fine of offender shall be liable to imprisonment baht or to both. eighty thousand to three hundred thousand for a term of four years to life and to a fine of disposal, the offender shall be imprisonment baht. of four hundred thousand to five million violation of Section 15, shall be liable to imprisonment for life and to a fine of one million to for life and to a fine of one million 15, shall be liable to imprisonment violation of Section five million baht. NARCOTIC LAWS OF THAILAND five yearsandtoafinenotexceedingonehundredthousandbaht. paragraph two,orthree,heshallbeliabletoimprisonmentforatermnotexceeding fine offivehundredthousandtomillionbaht. upward, theoffendershallbeliabletoimprisonmentforatermoffiveyearslifeand cocaine, inquantitycomputedtobepuresubstancesoftheonehundredgrams of sixtythousandtofourhundredbaht,orboth.Butifsuchmorphine,opium, the offendershallbeliabletoimprisonmentforatermofthreetwentyyearsorfine in quantitycomputedtobepuresubstancesofthelessthanonehundredgrams, to afineoftwentythousandtwohundredbahtorboth. narcotics ofcategoryII,shallbeliabletoimprisonmentoratermoneyeartenyears exceeding onehundredthousandbahtortoboth. category II,shallbeliabletoimprisonmentforatermnotexceedingfiveyearsorfine two yearsandtoafineofnotexceedinghundredthousand baht. Section 20paragraphfour,theoffendershallbeliableto imprisonmentforatermnotexceeding exceeding oneyearortoafinenottwentythousand baht,ortoboth. prescribed inSection20paragraphfourshallbeliable toimprisonmentforatermnot possesses fordisposal,orexportsthenarcoticsofcategory III,intheamountnotexceedingas to afineofonehundredthousandthreebaht. narcotics ofcategoryIII,shallbeliabletoimprisonmentforatermoneyearthreeyearsand million tofivebaht. the offendershallbeliabletoimprisonmentforatermoftwentyyearslifeandfinetwo years andtoafineofonehundredthousandmillionbaht. the narcoticsofcategoryII,shallbeliabletoimprisonmentforatermoneyearten (45) (44) (43) (42) If thelicenseeunderSection17hascommittedanactinviolationofparagraphone, If theNarcoticswhichconstitutecorpusdelictiaremorphine,opium,orcocaine, Any personwho,inviolationofSection17,disposesorpossessesfordisposal (44)- (45)RepealedandReplacedbysection 21oftheNarcoticsAct(No.5)B.E.2545(2002) (42) -(43)RepealedandReplacedbysection 20oftheNarcoticsAct(No.5)B.E.2545(2002) In caseofparagraphone,ifthenarcoticscategory III isexceedingtheamountof Section 71 Section 70 Section 69 Section 68 If thenarcoticswhichconstitutecorpusdelictiaremorphine,opium,orcocaine, Any personwho,inviolationofSection16,produces,imports,orexports Any personwho,inviolationofSection20paragraphone,disposesof, Any personwho,inviolationofSection20,producesorimportsthe Any personwho,inviolationofSection17,possessesnarcotics 34 NARCOTIC LAWS OF THAILAND 35 Any person who, in violation of Section 26 paragraph one, disposes Any person who, in violation of Section 26, produces, imports or Any person who, in violation of Section Any person who, in violation of Section 22, imports or exports the imports or exports of Section 22, who, in violation Any person Any person who, in violation of Section 26, possesses narcotics of Any person who, in violation of Section Any person who, in the violation of Section 26, possesses narcotics of Any person who, in the violation of Any person who, in violation of Section 26, produces, imports, exports, in violation of Section 26, produces, Any person who, (46-48) Repealed and Replaced by section 21 of the Narcotics Act (No.5) B.E.2545 (2002) (49) Repealed and Replaced by section 22 of the Narcotics Act (No.5) B.E.2545 (2002) (50) Repealed and Replaced by section 22 of the Narcotics Act (No.5) B.E.2545 (2002) (51) Added by section 23 of the Narcotics Act (No.5) B.E.2545 (2002) Section 76 Section 76/1 of ten In the case under paragraph one, if the narcotics of category V are in quantity Section 74 Section 75 corpus delicti is Kratom plant (Mitragyna If the narcotics which constitute the Section 72 Section Section 73 In the case of paragraph one, if the narcotics of category IV are in quantity of ten one, if the narcotics of category In the case of paragraph If the narcotics which constitute the corpus delicti as defined in paragraph one is If the narcotics which constitute the (50) (51) (48) (49) (46) (47) of or possesses for disposal narcotics of category V in quantity of less than ten kilograms of or possesses for disposal narcotics of category V in quantity of less of forty thousand shall be liable to imprisonment for a term of two to ten years or to a fine to two hundred thousand baht or to both. two to fifteen years kilograms upward, the offender shall be liable to imprisonment for a term of baht. and to a fine of two hundred thousand to one million and five hundred thousand exports narcotics of category V shall be liable to imprisonment for a term of two to fifteen exports narcotics of category V shall to one million and five hundred thousand baht. years and to a fine of two hundred thousand speciosa), the offender shall be liable to imprisonment not exceeding two years and to a fine speciosa), the offender shall be liable baht. not exceeding two hundred thousand narcotics of category III shall be liable to imprisonment for a term not exceeding one year and not exceeding one for a term be liable to imprisonment of category III shall narcotics one hundred thousand baht. to a fine not exceeding disposes of or possesses for disposal narcotics of category IV shall be liable to imprisonment for disposal narcotics of category disposes of or possesses to two hundred thousand baht. ten years and to a fine of twenty thousand for a term of one to kilograms upward, the offender shall be liable to imprisonment for a term of one to fifteen the offender shall be liable to imprisonment kilograms upward, and five hundred thousand baht. of one hundred thousand to one million years and to a fine category V shall be liable to imprisonment for a term not exceeding five years or to a fine not category V shall be liable to imprisonment or to both. exceeding one hundred thousand baht offender shall be liable to imprisonment for a term not Kratom plant (Mitragyna speciosa), the twenty thousand baht or to both. exceeding one year or to a fine not exceeding category IV shall be liable to imprisonment for a term not exceeding five years or to a fine category IV shall be liable to imprisonment baht or to both. not exceeding one hundred thousand NARCOTIC LAWS OF THAILAND baht ortoboth. imprisonment foratermnotexceedingoneyearorto afinenotexceedingtwentythousand of categoryIIIwhichdifferfromtheirstandardor aredeterioratedshallbeliableto years andtoafineofthreehundredthousandtwomillionbaht. exports fakenarcoticsofcategoryIIIshallbeliabletoimprisonmentforatermthreetwenty exceeding twentythousandbaht. or exportsnarcoticsofcategoryIIIwhichthemedicinal formulaofwhichisrequiredtobe thousand bahtortoboth. liable toimprisonmentforatermnotexceedingthreeyearsorfinesixty exports narcoticsofcategoryIIIwhichdifferfromtheirstandardoraredeterioratedshallbe not exceedingfivehundredthousandbaht. of categoryIIIshallbeliabletoimprisonmentforatermnotexceedingfiveyearsandfine twenty thousandbaht. accordance withSection36,37or38shallbeliabletoafinenotexceeding be liabletoafinenotexceedingtwentythousandbaht. exceeding twoyearsandtoafinenothundredthousandbaht. Kratom plant(Mitragynaspeciosa),theoffendershallbeliabletoimprisonmentforatermnot exceeding twoyearsortoafinenotfortythousandbahtboth. Kratom plant(Mitragynaspeciosa),theoffendershallbeliabletoimprisonmentforatermnot liable toafinenotexceedingonehundredthousandbaht. liable toafinenotexceedingfortythousandbaht. (61) (60) (59) (58) (57) (56) (55) (54) (53) (52) (57)-(61) (52)-(56) Section 86 Section 85 Section 84 Section 83 Section 82 Section 81 Section 80 Section 79 Section 78 Section 77 If thenarcoticswhichconstitutecorpusdelictiasdefinedinparagraphtwois If thenarcoticswhichconstitutecorpusdelictiasdefinedinparagraphoneis Repealed andReplacedbysection24of theNarcoticsAct(No.5)B.E.2545(2002) Repealed andReplacedbysection24of theNarcoticsAct(No.5)B.E.2545(2002) Any personwho,inviolationofSection39(2)or(3),disposes ofnarcotics Any personwho,inviolationofSection39(2)or(3),produces,imports Any licenseewhoviolatesSection32,33,or34shallbe Any licenseewhoviolatesSection29,30,or31shallbe Any personwho,inviolationofSection39(1),disposesfakenarcotics Any pharmacistwho,havingthedutytoexercisecontrol,doesnotactin Any licenseewhodoesnotcomplywithSection35paragraphoneshall Any personwho,inviolationofSection39(4)or(5), produces, imports Any personwho,inviolationofSection39(1),produces,importsor Any licenseewhoviolatesSection27shallbeliabletoafinenot 36 NARCOTIC LAWS OF THAILAND 37 If the commission under Section 89 is committed by an advertising If the commission under Section 89 If the commission of the offence under to Section 89 or Section 89/1 If the commission of the offence under Any person who violates Section 48 or Section 48/1 or fails to comply Any person who violates Section 48 Any person who, in violation of Section 44 paragraph one, amends any in violation of Section 44 paragraph Any person who, Any person who does not provide reasonable facilities for the competent Any person who, in violation of Section 39(4) or (5), disposes of narcotics violation of Section 39(4) or (5), disposes Any person who, in Any person who consumes narcotics of category I in violation of Section 57 Repealed and Replaced by section 24 of the Narcotics Act (No.5) B.E.2545 (2002) Added by section 25 of the Narcotics Act (No.5) B.E.2545 (2002) Repealed and Replaced by section 26 of the Narcotics Act (No.5) B.E.2545 (2002) Section 91 (62)-(64) (65)-(66) (67)-(68) Section 89/2 Section 90 Section 89 Section 89/1 Section 87 Section 88 (68) (66) (67) (64) (65) (62) (63) or consumes narcotics of category II in violation of Section 58 shall be liable to imprisonment or consumes narcotics of category II in violation of Section 58 shall be liable thousand baht or for a term of six months to three years or to a fine of ten thousand to sixty to both. is the connected offence, the offender shall be liable to a fine not exceeding five thousand is the connected offence, the offender expense for such advertisement for the duration of the baht per day or not exceeding double violation or the failure to comply. agency or a media planner, he shall be liable to one half of the punishment as provided for agency or a media planner, he shall such offence. registered but in fact has not been registered or the registration of the medicinal formula of of the medicinal or the registration been registered but in fact has not registered a term not imprisonment for be liable to by the Minister shall been revoked which has thousand baht. and to a fine not exceeding five hundred exceeding five years official who is performing the duties under Section 49 or obstructs the performance of duties of official who is performing the duties under Section 49 or obstructs the performance a term not exceeding the competent official under Section 55 shall be liable to imprisonment for six months or to a fine not exceeding ten thousand baht or to both. of category III which the medicinal formula of which is required to be registered but in fact the medicinal formula of which is of category III which formula of which has been revoked or the registration of the medicinal has not been registered to not exceeding three years and be liable to imprisonment for a term by the Minister shall three hundred thousand baht. a fine not exceeding under Section 48 or Section 48/1 or fails to comply with the Ministerial Regulations issued under Section 48/2 shall be liable to imprisonment with the order of the licensing authority or to a fine of twenty thousand to two hundred thousand for a term not exceeding two years baht or to both particular in the registration of the medicinal formula of narcotics of category III shall be liable particular in the registration of the medicinal one year or to a fine not exceeding twenty to imprisonment for a term not exceeding thousand baht or to both. NARCOTIC LAWS OF THAILAND death penalty. committed againstawomenorpersonwhoisnotsui juris,theoffendershallbeliableto the offendershallbeliabletodoublepenaltyof normal penalty,andiftheoffenderis shall beliabletoimprisonmentforlifeandafineofonemillionfivebaht. and iftheoffenceiscommittedagainstawomenorpersonwhonotsuijuris,offender or cocaine,theoffendershallbeliabletoadditionalpenaltyononehalfofnormalpenalty, thousand tofivemillionbaht. to imprisonmentforatermofthreeyearslifeandfinehundred a crimeorfacilitatinghimselfotherpersonstocommittedcrime,theoffendershallbeliable person whoisnotsuijuris,orcommittedforthepurposeofpersuadingotherpersonstocommit of twohundredthousandtoonemillionandfivebaht. more, theoffendershallbeliabletoimprisonmentforatermoftwofifteenyearsandfine thousand toonemillionbaht. be liabletoimprisonmentforatermofoneyeartenyearsandfinehundred under influenceoverorcoercesotherpersonsbywhatevermeanstoconsumenarcoticsshall thousand baht. liable toimprisonmentforatermnotexceedingsixmonthsorfineten Section 58/1,oftheadministrativeofficial,policeofficialorcompetentshallbe one monthortoafine not exceedingtwothousandbaht. (Mitragyna speciosa),theoffendershallbeliabletoimprisonmentforatermnotexceeding exceeding twentythousandbahtortoboth. category Vshallbeliabletoimprisonmentforatermnotexceedingoneyearorfine If thenarcoticswhichconstitutecorpusdelictiunder paragraphthreeisHeroin, If thenarcoticswhichconstitutecorpusdelictiunderparagraphthreearemorphine If suchactunderparagraphoneortwoiscommittedagainstawomen If suchactiscommittedbytheuseofweaponsorjointlytwopersons If thenarcoticswhichconstitutecorpusdelictiasaforesaidisKratonplant (71) (70) (69) (71) (70) (69) Section93 Section92/1 Section92 Repealed andReplacedbysection29of theNarcoticsAct(No.5)B.E.2545(2002) Added bysection28oftheNarcoticsAct (No.5)B.E.2545(2002) Repealed andReplacedbysection27of theNarcoticsAct(No.5)B.E.2545(2002) Any personwhodeceivesthreatensusesviolentforceagainstexercise Any personwho,inviolationofSection57,consumesnarcotics Any personwhofailstocomplywiththeorder,whichisgivenunder 38 NARCOTIC LAWS OF THAILAND 39 Any person who deceives threatens uses violent force against deceives threatens uses violent Any person who Any person who, in violation of the provisions of this Act, instigates of the provisions who, in violation Any person Any person who, in the ordinary course of business, gives treatment Any person who, in the ordinary course Any licensee who does not comply with Section 62 paragraph one Any person who consumes, consumes and possesses, consumes and Any person who consumes, consumes Any heir, possessor or administrator violates Section 61 shall be liable Repealed and Replaced by section 30 of the Narcotics Act (No.5) B.E.2545 (2002) Added by section 31 of the Narcotics Act (No.5) B.E.2545 (2002) Repealed and Replaced by section 32 of the Narcotics Act (No.5) B.E.2545 (2002) Repealed and Replaced by section 33 of the Narcotics Act (No.5) B.E.2545 (2002) Section 95 Section 96 (72) (73) (74) (75) (76)-(77) and Replaced by section 34 of the Narcotics Act (No.5) B.E.2545 (2002) Repealed Section 94/1 Section 94 establishment under paragraph one shall Applying for the treatment in the medical Section 93/1 Section 93/2 If such act under paragraph one is committed instigating another person to consume paragraph one is committed instigating If such act under (77) (75) (76) (74) (72) (73) to a fine not exceeding two thousand baht. shall be liable to a fine not exceeding ten thousand baht. to a narcotics addict by using drugs under the law on drugs, psychotropic substances under to a narcotics addict by using drugs to narcotics addict by any other means, which does not the law on narcotics, or gives treatment not a consideration take place in the medical establishment prescribed by this Act, whether or years or to a fine is obtained, shall be liable to imprisonment for a term of six months to three of fifty thousand to three hundred thousand baht. possesses for disposal, or consumes and disposes of narcotics in accordance with description, possesses for disposal, or consumes in the Ministerial Regulations, and applies for a type, category and quantity prescribed before his offence is discovered by the competent treatment in a medical establishment official, and has also strictly complied with the rules official or administrative official or police obtained a certificate from the competent official as of the medical establishment, and has relieved from the offence prescribed by the law, but all prescribed by the Minister shall be after applying for treatment shall not be included. these, the case that the offense is committed prescribed by the Committee. be in accordance with rules and procedure exercises under influence over or coerces other persons by whatever means to produce, over or coerces other persons exercises under influence disposal or possess narcotics shall be liable to double import, export, dispose of, possess for by the law for such offence. penalty of the normal penalty imposed another person to consume narcotics of category I or category II shall be liable to II shall be category I or category narcotics of person to consume another fine of twenty thousand to one hundred term of one year to five years or to a imprisonment for a both. thousand baht or to narcotics of category V, the offender shall be liable to imprisonment for a term not exceeding V, the offender shall be liable to narcotics of category or to both. not exceeding twenty thousand baht one year or to a fine NARCOTIC LAWS OF THAILAND treatment anddisciplinaryrulesofthesaidmedicalestablishment. received acompletetreatmentinaccordancewiththerulesandregulationsforcontrolof a certificatefromthecompetentofficialdesignatedbyMinistertoeffectthathehas Notification oftheMinister,andsuchpersonshallbegivenatreatmentuntilhehasobtained upon orderoftheMinisteratamedicalestablishmentspecificallyestablishedby Section 92forthethirdtimeshall,uponhisrelease,bedetainedbycompetentofficial, less punishmentoffinethantheminimumasprovidedforcommittedoffence. of theoffenderandconcerningcircumstances,ifitthinksfitinaspecificcase,inflict punishment relatingtopropertyforcontrollingthecommissionofoffencenarcotics. both imprisonmentandfine,theCourtshallinflictpunishmentsfinewithregardto determined bytheCourtforlatteroffence. the punishmenttobeinflicteduponhimshallincreasedbyone-halfofpenalty punishment, andiftheCourtdecidestosentencehimimprisonmentforlatteroffence, the punishmentperiodorwithinfiveyearsfromdatehehasbeenreleased imprisonment foranoffenceunderthisAct,commitsActagainduring category IIIundersection49(2)orbyvirtueofotherlaws, andnocourtproceedinghasbeen of finethantherateminimumpunishmentasprovided forsuchthecommittedoffence. to administrativeofficialorpoliceinquiryofficial, theCourtmayinflictlesspunishment information fortheverybenefitofsuppressingcommission ofoffencerelatingtonarcotics such actasanoffenceunderthisActshallbeliabletotreblepenaltyimposedforoffence. imports, exports,disposesoforpossessesfordisposalnarcoticssupportsthecommission Act orGovernmentofficialofaStateorganizationagencywhoproduces, one yearortoafinenotexceedingtwentythousandbahtboth. establishment underSection98shallbeliabletoimprisonmentforatermnotexceeding (82) (81) (80) (79) (78) The Courtmay,whenhavingregardtothegravityofcommissionoffence,status Section 98 (82) (80)-(81) (78)-(79) Section 101 Section 100/2 Section 101/1 Section 100 Section 99 Section 97 Repealed andReplacedbysection11of theNarcoticsAct(No.3)B.E.2530(1987) Added bysection36oftheNarcoticsAct (No.5)B.E.2545(2002) Repealed andReplacedbySection35of theNarcoticsAct(No.5)B.E.2545(2002) If anypersonwho,havingbeensentencedbyafinaljudgmenttotermof An offenderwhohasbeenconvictedoftheoffenceunderSection91or Any personwhoescapesduringthedetentionperiodfromamedical In thecasewherethereisaseizureofnarcoticscategory I,categoryIIor Any memberoftheCommitteeandcompetentofficialunderthis If theCourtisofopinionthatanyoffenderhasgiven theimportant wherever thisActdeterminesthatthepunishmentforanoffenceis 40 NARCOTIC LAWS OF THAILAND 41 Transitory Provisions In the case where the Court proceeding has been instituted for the In the case where the Court proceeding In the case where there is a seizure of narcotics of category IV or there is a seizure of narcotics of In the case where November B.E.2543 (2000) th Pending the publication of the Notification specifying the names of Pending the publication of the Notification All the narcotics of category I, category II, category IV or category V, category I, category II, category IV All the narcotics of under the Narcotics Act, B.E. 2465; (a) (No.7), B.E. 2507 issued in the schedule attached to the Ministerial Regulation Added by section 12 of the Narcotics Act (No.3) B.E.2530 (1987) Vol.117 Part Added by section 3 of the Narcotics Act (No.4) B.E.2543 (2000) published in the Government Gazette 111A, dated 29 (83) (84) Section 103 (1)Act, B.E. 2465 heroin or salts of heroin as provided in Section 4 bis of the Narcotics (2) narcotics the names of which appear in the schedule attached to the following Section 101 bis Section 102 Section 102 bis (84) (83) narcotics under Section 8 (1) under this Act ; narcotics under Section 8 (1) under this I; as amended by the Narcotics Act (No.4), B.E. 2504 shall be narcotics of category Health shall be Ministerial Regulation and in the following Notifications of the Ministry of Public narcotics of category II: category V under section 49 (2) or by virtue of other laws, whether or not a court proceeding has 49 (2) or by virtue of other laws, category V under section entrusted by the Ministry of Public Ministry of Public Health or person been instituted, the by be narcotics of the said category verified the type and quantity to Health, after having utilize them in accordance with the in the report, may destroy or recording the verification the Ministry of Public Health. rules prescribed by instituted, if, within the period of six months from the date of the seizure, no person claims to be no person the date of the seizure, of six months from if, within the period instituted, Health. Ministry of Public the property of the shall become thereof, such narcotics the owner equipment, tools, vehicles or other articles with the offender used in committing an offence equipment, tools, vehicles or other under this Act, shall be forfeited. relating to narcotics, which is an offence and no contend about the type, quantity or weight of the narcotics of category I or category II, has a decision or an order to seize of the said narcotics narcotics, if the Court of First Instance laws and, within the period of thirty days from the date under section 102 or by virtue of other narcotics, there is no offer that the real owner does not of the decision or the order to seize the the Ministry of Public Health or person entrusted connive at the commission of the offence, destroy or utilize them in accordance with the rules by the Ministry of Public Health may prescribed by the Ministry of Public Health. NARCOTIC LAWS OF THAILAND he shallfileanapplicationinaccordancewiththeprovision ofthisActbeforetheexpiration and carryonthebusinessuntilsuchlicenceexpires: ifhewishestocarryonthebusiness, narcotics inforcebeforethedatethisActcomesinto shallretainthenarcoticsinpossession to buy,haveanddistributenarcoticsinexcessofthe quantity prescribedunderthelawson case maybe,andtheprovisionofSection55shallbeappliedmutatismutandis. of theperiodonehundredandeightydaysfromdatethisActcomesintoforce,as terminate asfromthedateofreceivingnoticeorderordayafterexpiration registration ofthemedicinalformulawithinsaidperiod,hisrightsunderthissectionshall application foralicencetoproduce,disposeoforimportnorfiledanthe authority byawrittenorderrefusestoissuethelicenceorsuchpersonhasneitherfiledan medicinal formula,theapplicantmaycarryonhisbusinesstemporarily;ButIflicensing into force,anduponthefilingofapplicationsforalicenceregistrationsaid category IIIundersection43withinonehundredandeightydaysfromthedatethisActcomes he shallfileanapplicationfortheregistrationofmedicinalformulanarcotics of orimportnarcoticscategoryIIIunderSection20,andincasetheproducerimporter, paragraph oneunderthelawondrugsshallfileanapplicationforalicencetoproduce,dispose Act comesintoforceshallbenarcoticsofcategoryIIIunderthisAct. Plant Act,B.E.2486shallbenarcoticsofcategoryV. comply withSection104. shall bepermittedtoimportthesaiddrugsunder licencebutheshallberequiredto issued undertheNarcoticsAct,B.E.2465asamendedbyAct(No.2),2479 accordance withformNo.9attachedtotheMinisterialRegulationofMinistryInterior Section 105 The licenseetoproduce,sellorimportthenarcoticsofcategoryIIIreferredin Section 104 marijuanaundertheMarijuanaAct,B.E.2477andKratomplant (4) AceticAnhydrideandAcetylChlorideshallbenarcoticsofcategoryIV; (3) Section 106 b intheNotificationsofMinistryPublicHealthspecifyingadditional (b) December B.E.2516; 26th AprilB.E.2514,dated19thSeptember2516,and24th April B.E.2511,dated4thMarch2512,30thJuly names ofnarcoticsissuedundertheNarcoticsAct,B.E.2465dated4th Thedrugswhichareexemptedunderthelawsonnarcoticsbeforethis Thelicenseetobuy,haveanddistributenarcotics,or aspeciallicence ThelicenseetoimporttheexempteddrugsintoKingdomin 42 NARCOTIC LAWS OF THAILAND mutatis mutandis. 43 of the original licence. But, If the licensing authority by a written order refuses to issue the order refuses to by a written If the licensing authority licence. But, of the original of receiving as from the date on the business be entitled to carry person shall not licence, such be applied and the provision of Section 55 shall notice of the order, Countersigned by: S.Hotrakitya Duputy Prime Minister NARCOTIC LAWS OF THAILAND (85) licencetoproduceofnarcotics (1) 2 licencetoimportofnarcotics (2) 3 licencetoexportofnarcotics (3) 4 licencetodisposeofnarcotics (4) (5) licence to process of narcotics of category III 200 Baht each Baht 200 licencetodisposeofnarcotics (6) licencetoprocessofnarcoticscategoryIII (5) 1)theapplicationfor (18) 1)licencetoamend (17) asubstituteforthecertificate (16) licencesubstitute (15) 1)licenceto (14) 1)thecertificateof (13) 8 licenceto importofnarcoticscategory (8) 7 licencetoproduceofnarcotics (7) 1)licencetodispose (12) (9) licence to export of narcotics of category III or category IV 200 Baht each Baht licencetoeachimportofexport (11) 200 licencetoprocessofnarcotics (10) licencetoexportofnarcoticscategoryIIIorIV (9) The rateoffeeshallberepealedandreplaced bysection37ofNarcoticsAct(No.5)B.E.2545(2002) of registration of the medicinal formula of narcotics licence substitute licence of registrationthemedicinalformulanarcotics under section44 of themedicinalformulanarcoticscategoryIII under section48and48/1 of thenarcoticscategoryIII under section60 of categoryIImorethanasprovidedbytheMinister or categoryIV advertise narcoticsfor registration ofthemedicinal the particularin a renewal of a licence or the certificate as each licence or licence each as a renewaloflicenceorthecertificate rpseso fnrois20Bahteach 200 or possessionofnarcotics The rateoffee of categoryII of categoryII of registration 100 Baht each Baht 100 of registration of categoryIII of categoryII 44 of category IV 200 Baht each Baht 200 of categoryIV of categoryIII of categoryII of narcotics of category III 100 Baht each Baht 100 of narcoticscategoryIII commercial purpose registration III orcategoryIV formula (85) 1,000 1,000 1,000 1,000 1,000 1,000 3,000 2,000 6,000 6,000 mentioned above 0 Bahteach 100 Baht each Baht each Baht each Baht each Baht each Baht each Baht each Baht each Baht each Baht each NARCOTIC LAWS OF THAILAND August B.E. 2539 (1996). th )-2,5-dimethoxy-4-ethyl-alpha- ± 45 )N,N-diethyllysergamide (d-lysergic acid diethyla- ± ANNEXED TO THE SCHEDULE* )-2-amino-1-phenyl-propane) ± )-2-amino-1-phenyl-propane) ± oripavine) propionanilide) methylphenylethylamine) mide)) 1. Acetorphine (3-0-acetyltetrahydro-7a-(1-Hydroxy-1-methylbutyl)-6,14-endoetheno- 2. (N-[1-(a-methylphenethy)-4-piperidyl] acetanilide) Acetyl-alpha-Methylfentanyl 3. propionanilide) Alpha-methylfentanyl(N-[1-(a-methyl-phenethy)-4-piperidyl] 4. Alpha-methylthiofentanyl (N-[1-[1-Methyl-2(2-thienyl)ethyl]-4-piperidyl]propionanilide) 5. Amphetamine (( 6. piperidyl] Beta-hydroxy-3-methyfentanyl (N-[1-(beta-hydroxyphenethyl)-3-methyl-4 7. propionanilide) Beta-hydroxyfentanyl (N-[1-(beta-hydroxyphenethyl]-4-piperidyl] 8. (dihydrodeoxymorphine) Desomorphine 9. Dexamphetamine (( 10. 2,5-dimethoxy-4-ethylamphetamine,DOET (( 11. ((+)-2,5-dimethoxy-4-alpha-methylphenylethylamine) Dimethoxyamphetamine, DMA 12. Dimethoxybromoamphetamine, DOB (2,5-dimethoxy-4-bromoamphetamine) 13. (tetrahydro-7a-(1-hydroxy-1-methylbutyl)-6,14-endoetheno-oripavine) Etorphine 14. Heroin (diacetylmorphine) 15. Ketobemidone (4-meta-hydroxyphenl-1-methyl-4-propionylpiperidine) 16. Levamphetamine ((-)-alpha-methyl-phenylethylamine) 17. Levomethamphetamine ((-)-N-alpha-dimethylphenylethylamine) 18. Lysergide or LSD or LSD 25 (( 19. (3-(O-cholrophenyl)-2-methyl-4-(3H)-quinazolinone) Mecloqualone 20. Methamphetamine ((+)-2-Methylamino-1-phenylpropane) 21. Methaqualone (2-methyl-3-O-tolyl-4-(3H)-quinazolinone) (*) Published in the Government Gazette , Vol.113 , part 23 D (Special Issue) , date 16 The Notification of the Ministry of Public Health , No.135 (B.E. 2539) , in regard with the Ministry of Public Health , No.135 The Notification of Speciflying The names and the categories of Narcotics nuder the Narcotics Act B.E.2522 and the categories of Narcotics Speciflying The names (1979) Schedule 1 NARCOTIC LAWS OF THAILAND Schedule 2 (3) (2) (1) 2 Serialnumber 38wasaddedbytheNotificationofMinistryPublicHealth(Number158)B.E.2542(1999), (2) serialnumber33to37wasaddedbytheNotificationofMinistryPublicHealth(Number154)B.E2542, (1) 3 Serialnumber38was addedbytheNotificationofMinistryPublicHealth(Number175)B.E.2545 (2002), (3) 7 2CD(2,5-dimethoxy-4-methylphenethylamine) 37. 2CB(4-bromo-2,5dimethoxyphenethylamine) 36. STPorDOM((2-amino-1-(2,5-Dimethoxy-4-methyl)phenylpropane) 35. 4 N-hydroxyMDAorN-OH(( 34. 2 Trimethoxyamphetamine,TMA((+)-3,4,5trimethoxy-alpha-methylphenylethylamine) 32. Thiofentanyl(N-[1-[2-(2-thienyl)ethyl]-4piperidyl] propionanilide) 31. PEPAP(1-phenethyl-4-phenyl-4-piperidinolacetate(ester)) 30. Paramethoxyamphetamine,PMA(4-methoxy-alpha-methylphenylethylamine) 29. Para-fluorofentanyl(4'-fluoro-N-(1-phenethyl-4-piperidyl)propionanilide) 28. MPPP(1-methyl-4-phenyl-4-piperidinolpropionate (ester)) 27. methythiofentanyl(N-[3-methyl-1-[2-(2-thienyl)ethyl-4-piperidyl]propionanilide) 26. 3-methylfentanyl(N-(3-methyl-1-phenethyl-4-piperidyl)propionanilide) 25. 3-4-methylenedioxymethamphetamine,MDMA((+)-3,4-methytenedioxy-N,alpha- 24. Methylenedioxyamphetamine,MDA(3,4-methylenedioxyamphetamine) 23. 5-methoxy-3,4-methylene-dioxyamphetamine,MMDA((+)-5-methoxy-3,4- 22. 9 4-MTA(4-methylthioamphetamine) 39. Dihydroetorphine(7,8-dihydro-7-a-[1-(R)-hydroxy-1-methylbutyl]-6,14-endo- 38. N-ethylMDAorMDE(( 33. .Alphacetylmethadol(alpha-3-ace-toxy-6-dimethylamino-4,4-diphenylheptane) 5. Allylprodine(3-allyl-1-methyl-4-phenyl-4-propionoxypiperidine) 4. Alfentanil(N-[1-[2-(4-ethyl-4,5-dihydro-5-oxo-1H-tetrazol-1-yl)ethyl]-4(metho- 3. Acetylmethadoi(3-acetoxy-6-dime-thylamino-4,4-diphenylheptane) 2. Acetyldihydrocodeine(6-acetoxy-3-methoxy-N-methyl-4,5-epoxy-morphinan) 1. published intheGovernmentGazette, Vol.116 ,Part86Ddate7 published intheGovernmentGazatte,vol.116Part65Ddate17 publishedin theGovernmentGazette,Vol.119 ,Part47Ddate31 xymethyl)-4-piperidinyl]-N-phenylpropanamide) hydroxy-lamine) ethanotetrahydrooripavine) dimethylphenylethylamine) methylenedioxy-alpha-methylphe-nylethylamine) ± )-N-Ethyl-a-methyl-3,4-(methylentedioxy) phenethylamine) 46 ± )-N-[ ต -Methyl-3,4- (methylenedioxy)phenethyl] th st th OctoberB.E.2542(1999) MayB.E.2545(2002). AugustB.E.2542(1999). NARCOTIC LAWS OF THAILAND May B.E. 2544 (2001). rd 47 ester) benzimidazolinyl)-piperidine) morpholine) propionate) published in the Government Gazette Vol.118 , Part 41 D (Special Tssue) , date 3 6. Alphamethadol (alpha-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine) 7. Alphamethadol (alpha-6-dimethylamino-4,4-diphenyl-3-heptanol) 8. (alpha-1,3-dimethyl-4-phenyl-4-propionoxypiperidine) Alphaprodine 9. acid ethyl ester) Anileridine (1-para-aminophenethyl-4-phenyl-piperidine-4-carboxylic 18. (repealed) 10. acid ethyl Benzetnidine (1-(2-benzyloxyethyl)-4-phenyl-piperidine-4-carboxylic 11. (3-benzylmorphine) Benzylmorphine 12. Betacetylmethadol (beta-3-acetoxy-6-dimethylamino-4,4-diphenylheptane) 13. Betameprodine (beta-3-ethyl-1-methyl-4-phenyl-4-propionoxypiperidine) 14. Betamethadol (beta-6-dimethylamino-4,4-diphenyl-3-heptanol) 15. Betaprodine (beta-1,3-dimethyl-4-phenyl-4-propionoxypiperidine) 16. Bezitramide(1-(3-cyano-3,3-diphenylpropyl)-4-(2-oxo-3-propionyl-1 17. Clonitazene (2-para-chlorbenzyl-1-diethyl-aminoethyl-5-nitrobenzimidazole) 19. Cocaine (methyl ester of benzoylecgonine) 20. Codeine (3-methylmorphine) 21. methyloxime) Codoxime (dihydrocodeinone-6-carboxy 22. of poppy straw Concentrate 23. butyl] Dextromoramide ((+)-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl) 24. Dextropropoxyphene (-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-butanol 25. propyl] propionanilide) Diampromide (N-[(2methylphenethyl-amino) 26.(3-diethyl-amino-1,1-di-(2'-thienyl)-1-butene) Diethylthiambutene 27. acid) Difenoxin (1-(3-cyano-3,3-diphenylpropyl-4-phenylisonipecotic 28. Dihydrocodeine (4,5-epoxy-3-methoxy-17methyl-morphinan-6-o1) 29. Dihydromorphine (4,5-epoxy-17-methyl-morphinan-3,6-diol) 30. Dimenoxadol (2-dimethylaminoethyl-1-ethoxy-1,1-diphenylacetate) 31. Dimepheptanol (6-dimethylamino-4,4-diphenyl-3-heptanol) 32. Dimethylthiambutene (3-dimethylamino-1,1-di-(2'-thienyl)-1-butenen) 33. Dioxaphetyl butyrate (ethyl-4-morphonlino-2,2-diphenylbutyrate) (4) Health (Number 170) B.E. 2544 (2001) , Serial number18 was repealed by the Notification of the Ministry of Public (4) NARCOTIC LAWS OF THAILAND 4 Morphine-N-Oxide(3,6-dihydroxy-N-Methyl-4,5-epoxy-morphinen-4-N-Oxide) 64. MorphineMethobromide(Morphine-N-Oxide),(Codeine-N-Oxide) 63. Morphine(3,6-dihydroxy-N-methyl-4,5-epoxy-morphinen-7) 62. Morpheridien(1-(2-morpholinoethyl)-4-phenylpiperidine-4-carboxylicacidethylester) 61. Moramide-Intermediate(2-methyl-3-morpholino-1,1-diphenylpropanecarboxylic acid) 60. Metopon(5-methyldihydromorphinone) 59. Methyldihydromorphine(methyldihydromorphine) 58. Methyldesorphine(6-methyl-delta-6-deoxymorphine) 57. Methadone-Intermediate(4-cyano-2-dimethylamino-4,4-diphenylbutane) 56. Methadone (6-dimethylamino-4,4-diphenyl-3-heptanone) 55. Metazocine(2-hydroxy-2,5,9-trimethyl-6,7-benzomorphan) 54. MedicinalOpium 53. Levorphanol((-)-3-hydroxy-N-Methylmorphinan) 52. Levophenacylmorphan((-)-3-hydroxy-N-phenacylmorphinan) 51. Levomoramide((-)-4-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)butyl]morpholine) 50. Levomethorphan((-)-3-methoxy-N-methyl-morphinan) 49. Isomethadone(6-dimethylamino-5-methyl-4,4-diphenyl-3-hexanone) 48. Hydroxypethidine(4-meta-hydroxyphenyl-1-methylpiperidine-4-carboxylic acid 47. Hydromorphone(dihydromorphinone) 46. Hydromorphinol(14-Hydroxydihydromorphine) 45. Hydrocodone(dihydrocodeinone) 44. Furethidine(1-(2-tetrahydrofurfuryloxyethyl)-4-phenylpiperidien-4-carboxylicacid 43. Fentanyl (1-phenethyl-4-N-propiony-lanilino-piperidine) 42. Etoxeridien (1-[2-(2-hydroxyethoxy)ethy]-4-phenylpiperidine-4-carboxylicacid 41. Etonitazene(1-diethylaminoethyl-2-para-ethoxybenzyl-5-nitrobenzimidazole) 40. Ethylmorphine(3-ethylmorphine) 39. Ethylmethylthiambutene(3-ethylmethylamino-1,1-di-(e’-thienyl)-1-butene) 38. Ecgonine(3-hydroxy-2-tropanecarboxylicacid) 37. Drotebanol(3,4-dimethoxy-17-methyl-morphinan-6b,14-diol) 36. Dipipanone(4,4-diphenyl-6-piperidine-3-heptanone) 35. Diphenoxylate(1-(3-cyano-3,3-diphenylpropyl)-4-phenylpiperidien-4-carboylicacid 34. ethyl ester) ethyl ester) ethyl ester) ethyl ester) 48 NARCOTIC LAWS OF THAILAND 49 )-3-methoxy-N-methylmorphinan) )-4-[2-methyl-4-oxo-3,3-diphenyl-4-(1-pyrrolidinyl)-butyl]- ± ± morpholine) ethyl ester) ethyl ester) acid amide) 94. Racemorphan (3-hydroxy-N-methylmorphinan) 95. Sufentanil (N-[4-(methoxymethyl)-1-[2-(2-theinyl)-ethyl]-4-piperidy] propionanilide) 65. (myristylbenzyl-morphine) Myrophine 66. acid)-codeine ester) or 6-(pyridine-3-carboxylic Nicocodine (6-nicotinylcodeine 67. acid ester of dihydrocodeine) (6-nicotinyldihydrocodeine or Nicotinic Nicodicodine 68. Nicomorphine (3,6-dinicotinylmorphine) 69. Noracymethadol (-Alpha-3-acetoxy-6-methylamino-4,4-di-phenylheptane) 70. Norcodeine (N-demethylcodeine) 71. Norlevorphanol ((-)-3-hydroxymorphinan) 72. orN-demethylated morphine) Normethadone (demethylmorphine 73. or N-deme-thylated morphine) Normorphine (demethlmorphine 74. (4,4-diphenyl-6-piperidino-3-hexanone) Norpipanone 75. Oxycodone (14-hydroxydihydrocodeinone) 76. Oxymorphone (14-hydroxydihydromorphinone) 77. acid ethyl ester) Pethidine (1-methyl-4-phenylpiperidine-4-carboxylic 78. (4-cyano-1-methyl-4-phenylpiperidine) Pethidine-Intermediate-A 79. acid ethyl ester) Petdidine-Intermediate-B (4-phenylpiperidine-4-carboxylic 80. acid) Pethidine-Intermediate-C (1-methyl-4-phenylpiperidine-4-carboxylic 81. Phenadoxone (6-morpholino-4,4-diphenyl-3-heptanone) 82. propionanilide) Phenampromide (N-(1-methyl-2-piperidinoethyl) 83. Phenazocine (2'-hydroxy-5,9-dimethyl-2-phenethyl-6,7-benzomorphan) 84. Phenomorphan (3-hydroxy-N-phenethyl-morphinan) 85. (1-(3-hydroxy-3-phenylpropyl)-4-phenylpiperidine-4-carboxylic acid Phenoperidine 86. Pholcodine (morpholinylethylmorphine) 87. (4-phenyl-1-(3-phenyl aminopropyl) piperidine-4- carboxylic acid Piminodine 88. Piritramide (1-(3-cyano-3,3-diphenylpropyl)-4-(1-piperidino)-piperidine-4-carboxylic 89. Proheptazine (1,3-dimethyl-4-phenyl-4-propionoxyazacycloheptane) 90. Properidine (1-methyl-4-phenypiperidine-4-carboxylic acid isopropyl ester) 91. Propiram (N-1-methyl-2-piperidionethyl-N-2-pyridylpropionamide) 92. Racemethorphan (( 93. Racemoramide (( NARCOTIC LAWS OF THAILAND Schedule 4 (7)(8),(9)-(11) (6) (5) (11) (10) (9) 100. 0.Cocabush,The plantofanyspeciesthegenusErythroxylon 102. 101. 6 Serialnumber102wasaddedbytheNotificationofMinistry ofPublicHealth(Number170)B.E.2544, (6) Serialnumber101wasaddedbytheNotificationofMinistryPublicHealth(Number150) B.E.2541,publishedin (5) (8) (7) 8 Tilidine(( 98. Thebaine(3,6-dimethoxy-N-methyl-4,5-epoxy-morphinadien-6,8) 97. Thebacon(acetyldihydrocodeinone) 96. 9 Trimeperidine(1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine) 99. 5 Safrole(1,3-benzodioxole,5-(2-propenyl)-) 15. Piperonal(1,3-benzodioxole-5-carboxaldehyde) 14. PhenylaceticAcid(benzeneaceticacid) 13. 1-phenyl-2-propanone(1-phenyl-2-propanone) 12. N-acetylanthranilicAcid((benzoic acid,2-(acetylamino)-)) 11. 3,4-methylenedioxyphenyl-2-propanone((2-propanone,1-[3,4(methylenedioxy) 10. 8 Ergocristine(12'-hydroxy-2'-(l-methylethyl)-5'-(phenylmethyl)ergotaman-3',6', 18. Ergocornine(5'(( 17. 6 Elymoclavine(8,9-Didehydro-6-methylergoline-8-methanol) 16. .Chlorpseudoephedrine(1-phenyl-1-chloro-2-metylaminopropane) 4. AnthranilicAcid(2-aminobenzoicacid) 3. AcetylChloride(ethanoylchloride) 2. AceticAnhydride(aceticoxide) 1. .LysergicAcid(((8b)-9,10-didehydro-6-methylergoline-8-carboxylicacid)) 9. Isosafrole((1,3-benzodioxole,5-(1-propenyl)-)) 8. EthylidineDiacetate(1,1-ethanedioldiacetate) 7. .(repealed) 6. (repealed) 5. B.E. 2542(1999). Public Health(Number150)B.E.2541, publishedintheGovernmentGazette,Vol.116,Part21D,date16 Serial number5,6wasrepealedand serialnumber16-18wasaddedbytheNotificationofMinistry published intheGovernmentGazette,Vol.118,Part41D,date3 the GovernmentGazette,Vol.116,Part21D,date16 propanoic acidmethylester) Remifentanil (4-(methoxycarbonyl)-4-[(1-oxopropyl)phenylamino]-1-piperidine- 18-trione) Opium phenyl]-)) ± )ethyl trans-2-(dimethylamino)-1-phenyl-3-cyclohexene-1-carboxylate) α )-12'-hydroxy-2',5'-bis(l-methylethyl) ergotaman-3',6',18-trione.) 50 th MarchB.E.2542(1999). rd MayB.E.2544(2001). th March NARCOTIC LAWS OF THAILAND March B.E. 2542 (1999). th -(phenylmethyl)-8a-ergotaman-3',6',18- -(2-methylpropyl)-8a-ergotaman-3',6',18- α -(phenylmethyl) ergotaman-3',6',18-trione) March B.E. 2542 (1999). th α α -(2-methylpropyl)ergotaman-3',6',18-trione) α 51 -(l-methylethyl)-5’a-(phenylmethyl)-8a-ergotaman- ข (s)]-12’Hydroxy-2'-(l-methylethyl)-5'-(2-methylpropyl) -12'-Hydroxy-2'-(l-methylethyl)-5'?(2-methylpropyl)-8a- α α )-12'-Hydroxy-2'-(l-methylethyl)-5'-(2-methylpropyl)ergotaman- α trione) trione) 3',6',18-trione.) 4-ethanaminium inner salt) ergotaman-3',6',18-trione.) 8-carboxamide) methylergolinecarboxamide) ergotaman-3',6',18-trione.) 3',6',18-trione.) 3',6',18-trione) published in the Government Gazette , Vol.116, Part 21 D , date 16 Serial number 19 was added by the Notification of the Ministry of Public Health (Number 150) B.E. 2541, published Serial number 19 was added by the Notification of the Ministry of Public Health (Number 150) B.E. 2541, in the Government Gazette , Vol.116, Part 21 D , date 16 1. Cannabis (Cannabis sativa L. and Cannabis indica Auth) 2. Mitragyna speciosa Korth 3. Papaver bracteatum Papaver somniferum Linn and 4. Psilocybe cubensis, Sing (Psilocybin or Psilocin) 29. (Ergotamine) (12'-Hydroxy-2-methyl-5' 30. (Ergotaminine) (12'-hydroxy-2-methyl-5' 31. (Ergothioneine) ((S)-a-Carboxy-2,3-dihydro-N,N,-N-trimethyl-2-thioxo-1h-imidazole- 32. (Lysergamide) (9-10-Didehrdro-6-methylergoline-8b-carboxamide) 24. (Ergometrine) ([8b(s)]-9,10-Didehydro-N-(2-hydroxy-1-methylethyl)-6-methylergoline- 25. (Ergometrinine) ([8a(s)]-9,10-Didehyldro-N-(2-hydroxy-1-methylethyl)-6- 26. (12'-Hydroxy-2-methyl-5' (Ergosine) 27. (Ergosinine) (12'-hydroxy-2'-methyl-5' 28. (Ergosterol) ((3b,22E)-Ergosta-5,7,22-trien-3-ol) 19. Ergocristinine (12'-Hydroxy-2 20. (a-Ergocryptine) ((5' 21. ([5' (b-Ergocryptitine) 22. (a-Ergocryptinine) ((5' 23. (b-Ergocryptinine) (12'-hydroxy-2-(l-methylethyl)-5'?-(l-methylpropyl)-8a-ergotaman- (12) (22) (23) (24) (25) (17) (18) (19) (20) (21) (12) (13) (14) (15) (16) (13)-(25)Public Health (Number 150) B.E. 2541, Serial number 20-32 was added by the Notification of the Ministry of Schedule 5 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 53 January B.E. 2518; th year of the present Reign. year of the present th B.E. 2518 (1975) Given on 4 BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Being the 30 Psychotropic Substances Act Substances Psychotropic This Act shall come into force after ninety days from the date of its This Act shall come into force after All other laws, rules and regulations in so far as they have been provided in All other laws, rules and regulations in This Act is called the “Psychotropic Substances Act, B.E. 2518”. This Act is called the “Psychotropic Substances In this Act, His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that : Adulyadej is graciously pleased His Majesty King Bhumibol : to have a law on psychotropic substances whereas it is expedient by and with the advice and consent of the Be it, therefore, enacted by the king, Section 1 Section 2 Section 3 Section 4 a psychotropic substance which is natural or “psychotropic substance” means such mixture, in whatever physical state, containing a “preparation” means any solution or notified by the Minister in the Government “exempt preparation” means a preparation or anything “accompanying leaflet for psychotropic substance” means a piece of paper repack “produce” means manufacture, mix, prepare, or convert and includes transform, for sale; “sell” includes dispose of, dispense, distribute, exchange, deliver, or possess “import” means bring or order into the kingdom; “export” means carry or send from the kingdom to a foreign country; or send “carry across” means bring or send through the kingdom but excludes bring National Legislative Assembly acting as the National Assembly, as follows : National Legislative Assembly acting as publication in the Government Gazette. this Act or are contrary to or inconsistent with the provisions of this Act shall be replaced by the Act. this Act or are contrary to or inconsistent derived from nature, or synthetic as the Minister notifies in the Government Gazette; derived from nature, or synthetic as the substance in dosage form ready for applying to psychotropic substance including a psychotropic human being or animal; measures of control of a psychotropic substance containing Gazette to be exempted from certain therein; is shown, which on which any picture, imprint or statement concerning a psychotropic substance substance : has been inserted in or put together with a container or package of the psychotropic or pack : NARCOTIC LAWS OF THAILAND international publictransport: active ingredientsthroughthekingdomwithouttranshippingfromaircraftusedfor this Act; his jurisdictionexceptBangkokMetropolis; permission tosellpsychotropicsubstancesinSchedule III andScheduleIVinChangwatunder Schedule IVinBangkokMetropolis; in ScheduleIIIandIVorcarryacrosspsychotropicsubstancesallSchedules; entrusted byhim business concerningpsychotropicsubstances; a juristicpersonbeinglicensee,appointedbysuchtocarryoutthe Minister undersection6. home ofthetreatmentorrehabilitationforpsychotropicsubstanceaddictsasnotifiedby includes therehabilitationtoreturnthataddictstateofnormalperson; state iscapableofbeingidentifiedonatechnicalbasis; substance sofarasbeinginthestateofpsychotropicdependencewherebysuch (5) (4) (3) (2) 3-5 addedbyPsychotropicSubstances Act(No.3)B.E.2535,section3 (3)-(5) addedbypsychotropicsubstances Act(No.3)B.E.2535,section3,publishedintheGovernmentGazetteVol.109, (2) “competent official”meansapersonappointedbythe Ministerfortheexecutionof “Board” meansthePsychotropicSubstancesBoard; theGovernorofChangwatorpersonentrusted byhimforthegrantof (2) TheSecretary-GeneraloftheofficeFoodandDrugBoardorperson (1) “grantor” means “licensee” meansapersonreceivinglicenceunderthisActandincludes,inthecaseof “pharmacist” meansafirst-classpractitionerinthebranchofpharmacy; “place” includesabuildingorpartthereofanditscompound; “medical establishment”meansthemedicalestablishmentorcanvalescent “treatment” meansthetreatmentofpsychotropicsubstanceaddictwhichalso “Psychotropic substanceaddiction”meanshabituallyconsumingpsychotropic “consume” meanstakeinpsychotropicsubstancebywhateverorways; Part 14,dated27 c forthegrantofpermissiontosellpsychotropicsubstancesinScheduleIIIand (c) forthegrantofpermissiontoproduce,importorexportpsychotropicsubstances (b) forthegrantofpermissiontopossessorutilizepsychotropicsubstancesin (a) all Schedules: th FebruaryB.E.2535(1992). 54 NARCOTIC LAWS OF THAILAND 55 The Minister of Public Health shall have charge and control of the Health shall have charge and The Minister of Public The Minister shall have the power to issue Notifications in the Government The Minister shall have the power to Specifying the names of psychotropic substances of Schedule II which are Specifying the names of psychotropic (6) added by Psychotropic Substances Act (No.3) B.E.2535, section 4. (7) added by Psychotropic Substances Act (No.3) B.E.2535, section 5. (4 bis) (7 bis)prescribing quantity of psychotropic substances of Schedule I or Schedule II for the (8) Schedules of psychotropic substances which shall specifying the names and (9)and Section specifying the official institutions under section 15 (2); Section 17 (2) (1) substances into Schedule I, specifying the names of and classifying psychotropic (2) or other prescribing the standard on the quantity of ingredients, quality, purity, (3) of psychotropic substances under (1); revoking or changing the names or Schedules (4) the names and Schedules of psychotropic substances which shall not specifying “Secretary-General” means the Secretary-General of the Office of the Food and of the Office the Secretary-General means “Secretary-General” of the execution of this Act. Minister having charge and control “Minister” means the Section 5 come into force upon their and Notifications shall Such Ministerial Regulations Section 6 (5) and Schedules of psychotropic substances which require specifying the names (6) and Schedules of psychotropic substances which require specifying the names (7) specifying any preparation as an exempt preparation; (6) (7) possession or utilization under section 106 (bis); not be exported to any country under Section 83; 63 (3); Schedule II, Schedule III or Schedule IV; Schedule II, Schedule III or Schedule under (1); description of psychotropic substances carried across, or kept in possession; be produced, sold, imported, exported, Gazette : Drug Board; competent officials, issue Ministerial and shall have the power to appoint execution of this Act to this Act, exempting fees, and fees not exceeding the rates annexed Regulations determining for the execution of this Act. as well as to issue Notifications determining other activities Gazette. publication in the Government granted permission to produce for exportation and to export; granted permission to produce for exportation the warning or caution in the form of statement or picture in order that the user may take the warning or caution in the form necessary precaution for his own safety; the statement of their expiration on the labels; NARCOTIC LAWS OF THAILAND art ofhealingsuspendedorrevoked. punishment foranoffencecommitteethroughnegligence orpettyoffence; secretary. Narcotics ControlDivisionoftheFoodandDrugBoardshallbememberassistant qualified membersappointedbytheMinisterasmembers. Mental HealthDivisionoftheDepartmentMedicalServicesandnotmorethanseven representative, Secretary-GeneraloftheNarcoticsControlBoardorDirector of theCustomsDepartmentorrepresentative,Secretary-GeneralJuridicalCouncil Police Departmentorrepresentative,theAttorneyGeneralDirector-General General oftheDepartmentHealthorrepresentative,Director-GeneralRoyalThai Director-General oftheDepartmentMedicalServicesorrepresentative,Director- committee” consistingofthePermanentSecretaryMinistryPublicHealthaschairman, rules formedicalestablishment. (10) (9) (8) (10) (8)-(9) Section 7 (11) Prescribingthe (10) 6 havinghislicencetopracticethemedicalprofessionor (6) havingbeenimprisoned byafinaljudgementofimprisonmentexcept (5) beinganincompetentorquasi-incompetentperson; (4) beingretiredbytheMinisters: (3) resignation: (2) death: (1) Section 9 Section 8 The Secretary-Generalshallbethememberandsecretary,Directorof repealed andreplacedbyPsychotropic Substances Act(No.3)B.E.2535,section7. added byPsychotropicSubstancesAct(No.3) B.E.2535,section6. Prescribing rulesandregulationsforthecontroloftreatmentdisciplinary A qualifiedmembervacatesofficebeforetheexpirationoftermupon: A memberwhovacatesofficemaybereappointed. A qualifiedmembershallbeinofficeforatermoftwoyears. There shallbeacommitteecalledthe“PsychotropicSubstances Psychotropic SubstancesBoard medical establishmentforpsychotropicsubstanceaddicts; CHAPTER 1 56 NARCOTIC LAWS OF THAILAND 57 CHAPTER 2 Application for and issue of licences concerning Psychotropic Substances No person shall produce, sell, import or export any psychotropic The Board shall have the duty to give opinion, advice, or approval in The Board shall have the duty to give The Board shall have the power to appoint a sub-committee to consider, The Board shall have the power to A meeting of the Board requires the presence of not less than one-half Board requires the presence of not A meeting of the repealed and replaced by Psychotropic Substances Act (No.3) B.E.2535, section 8. Section 13 (11) If a qualified member vacates his office before the expiration of term office, the of term office, the expiration his office before member vacates If a qualified Section 10 votes. shall be made by a majority of A decision of the meeting of an equality of votes, the member shall have one vote. In case In casting votes, each Section 11 (1) or possession, of the production, sale, importation, exportation, carrying across, (2) of suspension of licences, revocation of licence revocation of registration the (3) conditions concerning the production, the prescription of rules, procedure and (4) required to be the issue of Ministerial Regulations or Notifications which are (5) by the Ministers or as the Board thinks fit. other matters as entrusted Section 12 (11) study or research into any matter under the jurisdiction of the Board and the provisions of study or research into any matter under Section 10 shall apply mutatis mutandis to the meeting of the sub-committee. Minister shall appoint another person to replace him and such person shall hold office for the shall hold office him and such person person to replace appoint another Minister shall member he replaces. remaining term of the If the Chairman is absent or unable of its members to constitute a quorum. of the total number of them to preside over the meeting. the members present shall elect one to perform his duty, shall have another vote as a casting-vote. chairman of the meeting respect of the following matter : of preparations; psychotropic substances or registration preparations. preparations, or revocation of exempt across, possession, or sampling of psychotropic sale, importation, exportation, carrying and the inspection of place of production, place of sale, substances or exempt preparations activities regarding the said substances or preparations; storage and place for conducting other for the execution of the Act; published in the Government Gazette substance in Schedule I. NARCOTIC LAWS OF THAILAND under section14. if thesaidvehicleisregisteredinKingdom,an application foralicenceshallbefiled aircraft orvehicleusedininternationalpublictransport and notregisteredintheKingdom;but in ScheduleIIsofarasitisnecessaryforfirstaiduse orforuseinemergencycaseaship, certificate ofmedicaldoctor;or Kingdom notexceedingthequantityrequiredforselftreatmentaperiodofthirtydayswith notifies intheGovernmentGazette; Ministries, Departments,ThaiRedCrossSocietyorotherofficialinstitutionsastheMinister veterinarian foruseincuringorpreventinganimalfromdiseases; or afirstclassmodernpractitionerinthebranchofdentistrytohispatientby procedure andconditionsprescribedintheMinisterialRegulations. case ofemergencyinsuchvehicle. psychotropic substanceinScheduleIIsofarasitisnecessaryforfirstaiduseor public transportregisteredintheKingdomtoimportorexportanappropriatequantityof provided bythisAct. of PublicHealthorthepersonentrustedbyMinistryunlessotherwise procedures andconditionsprescribedtheMinisterialRegulation. as hehasobtainedalicence. sort ofthepsychotropicsubstanceinScheduleIInotifiedbyMinisterundersection6(4bis) substance inScheduleIl,exceptfortheproductionexportationandofthat or thepersonentrustedbyMinistryofPublicHealthunlessotherwiseprovidedthisAct. (13) (12) (13) (12) theimportationorexportationofanappropriatequantity ofpsychotropicsubstances (4) thecarryingofpsychotropicsubstancesinScheduleIIintoorout (3) thesaleofpsychotropicsubstancesinScheduleIIbyMinistries,Sub- (2) ThesaleofpsychotropicsubstancesinScheduleIIbyamedicalpractitioner (1) Section 15 The applicationforandtheissueofalicenceshallbeinaccordancewithrules, Section 14 The provisionsofparagraphoneandtwoshallnotapplytotheMinistry The applicationforandissuanceofalicenceshallbeinaccordancewiththerules, Section 13bis The provisionofparagraphoneshallnotapplytotheMinistryPublicHealth repealed andreplacedbyPsychotropic Substances Act(No.3)B.E.2535,section10. added byPsychotropicSubstancesAct(No.3) B.E.2535,section9. TheMinistryofPublicHealthmaypermitavehicleusedforinternational The provisionofsection13bisshallnotapplyto: No personshallproduce,sell,importorexportanypsychotropic 58 NARCOTIC LAWS OF THAILAND 59 The grantor may, at each particular time, issue a licence to export The grantor may issue a licence to produce, sell or import psychotropic The provisions of Section 16 shall not apply to The provisions of Section A person shall not produce, sell, import or export any psychotropic substance any psychotropic import or export shall not produce, sell, A person The application for a licence and the issue of a licence shall be in accordance with a licence and the issue of a licence The application for Section 17 (1) in Schedule III or drug containing a psychotropic substance the production of (2) sale, importation or exportation of psychotropic substances in the production, (3) the sale of psychotropic substances in Schedule III or Schedule IV by a medical (4) in Schedule III or Schedule IV into or out the taking of psychotropic substances (5) importation or exportation of an appropriate quantity of psychotropic the Section 18 Section 16 (1) received a licence to produce, sell or import modern drugs under the law on has (2) has a full-time pharmacist on duty during the working hours. psychotropic A licensee to produce or import psychotropic substances may sell the Section 19 the rules, procedure and conditions prescribed in the Ministerial Regulation. and conditions prescribed in the Ministerial the rules, procedure in practitioner or first-class practitioner to a prescription of a medical Schedule IV according veterinarian for a specific animal; for a specific patient or first-class the branch of dentistry Ministries, Sub-Ministry, Departments, Thai Red Cross Schedule III or Schedule IV by the or such other official institutions as the Minister notifies Society, Pharmaceutical Organization, in the Government Gazette; in the branch of dentistry to his patient or by a first-class practitioner or a first-class practitioner animal from diseases; veterinarian for use in curing or preventing required for self-treatment within thirty days with a of the Kingdom not exceeding the quantity certificate of physician; IV for first aid use or for use in case of emergency on a substances in Schedule III or Schedule transport not registered in the kingdom; if the said ship, aircraft or any international public an application for a licence shall be filed under vehicle has been registered in the Kingdom, section 16. in Schedule III or Schedule IV or carry across a psychotropic substance of any Schedule unless of any Schedule a psychotropic substance IV or carry across III or Schedule in Schedule licence. he has received a psychotropic substances in Schedule III and Schedule IV or a licence to carry across psychotropic substances in Schedule III and Schedule IV or a licence any condition as he psychotropic substances of all Schedules to any person and may stipulate thinks fit. drugs, as the case may be and sell them again. substances he produces or imports without having to apply for a licence to substances in Schedule III or Schedule IV only when it appears that the applicant NARCOTIC LAWS OF THAILAND first-class practitionersinthe branchofdentistry,pharmacists,orfirst-classveterinarians. first-class practitionerinthebranchofdentistryor veterinarian. Schedule IIIorIVoutsidetheplacespecifiedin hislicenceonlyinthefollowingcases: Schedule IIIorIVoutsidetheplacespecifiedin hislicence. that thesaidactwasdonewithouthisknowledgeorbeyondcontrol. under paragraphoneshallberegardedasthatdonebythelicenseeunlesshecanprove or agentsofthelicensees. time beingifhesorequests. making thedecisiononappeal,authorizeappellanttocarryhisbusinessfor licence toproduceapsychotropicsubstanceunderparagraphone,theMinistermay,before grantor advisinghimoftherefusaltoissueorrenewlicence. written appealtotheMinisterwithinthirtydaysfromdateofreceiptletter person whoappliesforalicenceorrenewalofhastherighttosubmit accordance withtherules,procedureandconditionsprescribedinMinisterialRegulations. carry onhisbusinessuntilthegrantorrefusestorenewlicence. application beforetheexpirationofhislicenceandhemay,afterhavingfiledapplication, December oftheyearissue.Ifalicenseewishestorenewhislicence,hemustfilean law ondrugs. 2 thesalewith premisewherethereisameetingofmedicalpractitioners, (2) thedirectwholesaletoanotherlicenseunderthisActor amedicalpractitioner, (1) Section 25 Section 24 Section 20 Section 21 Any actdonebyanemployeeoragentofthelicenseetowhomlicenceisextended Section 23 In thecasewherethereisanappealinrespectofapplicationforrenewala The decisionoftheMinistershallbefinal. Section 22 The applicationforrenewalofalicenceandthegrantingthereofshallbein A licenseeshallnotproduce,sell,importorstorepsychotropic substancesin LicencesunderSection16and19shallbevaliduntil31st Licences underSection16and19shallalsoextendtoemployees The grantormayauthorizealicenseetosellpsychotropic substancesin In thecasewheregrantorrefusestoissueorrenewalicence, A licenseeunderthisActshallbeexemptedfromcompliancewiththe Duties ofLicensee CHAPTER 3 60 NARCOTIC LAWS OF THAILAND 61 A licensee to produce, sell or import psychotropic substances in Schedule sell or import psychotropic substances A licensee to produce, A licensee to import psychotropic substances in Schedule III and Schedule A licensee to produce psychotropic substances in Schedule III or Schedule psychotropic substances in Schedule A licensee to produce A licensee to sell psychotropic substances in schedule III or Schedule IV shall A licensee to sell psychotropic substances The application for a licence and the issue of a licence shall be in accordance with a licence shall be and the issue of for a licence The application Section 26 of business, a person shall pharmacist in charge of the supervision In the absence of a Section 27 (1) place to be easily visible from outside provide a sign-board at a conspicuous (2) each provide an analysis of psychotropic substances who have been produced (3)a label and accompanying leaflet or warning or caution for the use of a provide (4) do other acts as prescribed in the Ministerial Regulations. Section 28 (1)a sign-board at a conspicuous place to be easily visible from outside the provide (2) substances from other drugs or provide a separate storage for psychotropic (3) ascertain the existence of label, accompanying leaflet or warning or caution for (4) do other acts as prescribed in the Ministerial Regulations. Section 29 (1) provide a sign-board at a conspicuous place to be easily visible from outside the rules, procedure and conditions prescribed in the Ministerial Regulations. prescribed procedure and conditions the rules, of to be in charge of the supervision must provide a full time pharmacist III or Schedule IV temporary necessity. the working hours except in case of business throughout IV. in Schedule III or Schedule production or sale of psychotropic substances not proceed with the IV shall showing that it is the place of production of psychotropic the building of the place of production of a sign-board and the statement there on shall be substances, the description and size prescribed in the Ministerial Regulations; of production together with evidence showing the details time before taking out of the place years from the date of analysis; which must be kept for not less than ten or package which must be in accordance with the psychotropic substance on its container in the Ministerial Regulations; rules, procedure and conditions prescribed that it is a place of sale of psychotropic substances, the building of the place of sale showing and the statement thereon shall be prescribed in the description and size of a sign-board Ministerial Regulations; materials; the use of a psychotropic substance on its container or package; IV shall the building of the place of importation showing that it is a place of importation of psychotropic the building of the place of importation showing that it is a place of importation thereon shall be as substances, the description and size of a sign-board and the statement NARCOTIC LAWS OF THAILAND this Act; substances underSection27(3); substances inScheduleIIIorIVshall; procedure andconditionsprescribedintheMinisterialRegulations. III andScheduleIVunlesshehasreceivedawrittenpermissionfromthegrantor. production, placeofsale,importationorstoragepsychotropicsubstancesinSchedule fied inthelicence. the rules,procedure,andconditionsprescribedinMinisterialRegulations. the dateofknowledgesuchlossordamage. inform thegrantorofitandfileanapplicationforasubstitutelicencewithinfifteendaysfrom have translationinforeignlanguage; with theregisteredpreparation,accompanyingleafletmustbeinThailanguagebutitmay imported; prescribed intheMinisterialRegulations; 6 dootheractsasprescribedin theMinisterialRegulations. (6) beinchargeofsupervisionthebusinessall time duringworkinghours; (5) supervisethesaleofpsychotropicsubstancesunder Section34; (4) supervisetherepackingandlabellingofcontainersorpackagesincompliancewith (3) ascertain theexistenceoflabelsandaccompanyingleafletsforpsychotropic (2) supervisetheproductionincompliancewiththisAct; (1) The applicationforandthegrantingofpermissionshallbeinaccordancewithrules, Section 32 Section 31 The applicationforandtheissueofasubstitutelicenceshallbeinaccordancewith Section 30 dootheractsasprescribedintheMinisterialRegulations. (5) providealabelandaccompanyingleafletforpsychotropicsubstancesincompliance (4) providealabel on thecontainerorpackageofpsychotropicsubstances; (3) provideacertificateofproducershowingthedetailspsychotropicsubstances (2) Section 33 A licenseemusthavehislicenseconspicuouslyexhibitedattheplacespeci- In thecasewherealicenceislostormateriallydamaged,licenseeshall A pharmacistinchargeofthesupervisionproductionpsychotropic A licenseeshallnotmove,changeormakeanextensionoftheplace Duties ofPharmacist CHAPTER 4 62 NARCOTIC LAWS OF THAILAND 63 prescribed in the Ministerial Regulations. A pharmacist in charge of the duty of supervision of the importation of A pharmacist in charge of the duty A Pharmacist in charge of the supervision of the sale of psychotropic the supervision in charge of A Pharmacist Section 34 (1) under Section 28 (2); storage for psychotropic substances supervise separate (2) under Section 28 (3); supervise the execution (3) in compliance with this Act; supervise the sale (4) the substances in accordance with supervise the preparation of psychotropic (5) of psychotropic of labels on the containers or packages as certain the existence (6) the supervise the delivery of psychotropic substances in accordance with (7) supervise the keeping of record of acquisition and disposal of psychotropic (8) ensure that psychotropic substance is not sold to a person without a prescription (9) all the time during working hours; be on duty of supervision of the business (10) do other acts as Section 35 (1) with the as certain that the imported psychotropic substances be in conformity (2) supervise the execution in connection with the labels and accompanying leaflets (3) supervise the sale of psychotropic substances under Section 34; (4)on duty of supervision of the business all the time during working hours; be (5) do other acts as prescribed in the Ministerial Regulations. substances in Schedule III or Schedule IV shall: in Schedule III or substances persons referred to in (5); prescriptions of the of medical practitioner, first-class in accordance with the prescriptions substances prepared or first-class veterinarian so as to be in compliance with practitioner in the branch of dentistry, in the Ministerial Regulations; the rules, procedure and conditions prescribed in (5); prescriptions of the persons referred to procedure and conditions prescribed in the Ministerial substances in accordance with the rules, Regulations; (5) or to a person without a licence to produce, sell, or issued by the persons referred to in import psychotropic substances; formula of the registered preparation thereof; under Section 29 (3) and (4); psychotropic substances in Schedule III or Schedule IV shall: psychotropic substances in Schedule NARCOTIC LAWS OF THAILAND of theMinisterunderSection6(2)oraccordingtoformula oftheregisteredpreparation. characteristic, whichisessentialtoitsqualitydifferingfrom thelimitsprescribedinaNotification of theregisteredpreparationbutnottoextentreferred tounderSection37(5); prescribed inaNotificationoftheMinisterunderSection 6(2)oraccordingtotheformula to anextentthatitislessormorethantenpercent of theminimumormaximumlimitsas psychotropic substanceswhicharenotinconformitywith thestandard: prescribed intheformulaofregisteredpreparation. or maximumlimitasprescribedinaNotificationoftheMinisterunderSection6(2) to suchanextentthatitsactiveingredientislessormorethantenpercentoftheminimum location oftheplaceproduction,whichisfalse; substance ortheexpirationdatewhichisoverstated; fake psychotropicsubstances: revoked bytheMinister. 2 apsychotropicsubstancewhichisproducedwiththepurityoranyother (2) apsychotropic substance whichisproducednotinconformitywiththestandard (1) Section 38 apsychotropicsubstancewhichisproducednotinconformitywiththestandard (5) apsychotropicsubstancewhichmustberegisteredbuthasnotbeenregistered; (4) apsychotropicsubstancewhichshowsnameormarkofitsproducerthe (3) apsychotropicsubstancewhichshowsthenameofanother (2) anarticlewhichistotallyorpartlyimitationofapsychotropicsubstance; (1) Section 37 apsychotropicsubstancetheregistrationofpreparationwhichhasbeen (5) apsychotropicsubstancewhichmustberegisteredbuthasnotbeenregistered; (4) adeterioratedpsychotropicsubstance; (3) apsychotropicsubstancewhichisnotinconformitywithitsstandard; (2) afakepsychotropic substance; (1) Section 36 Fake psychotropicsubstances,substances Apersonshallnotproduce,sellorimportpsychotropicsubstancesasfollows: The followingpsychotropicsubstancesorarticlesshallbeconsideredas The followingpsychotropicsubstancesshallbeconsideredas not beinginconformitywithstandardand deteriorated psychotropicsubstances CHAPTER 5 64 NARCOTIC LAWS OF THAILAND 65 CHAPTER 6 Registration of Preparation The following psychotropic substances shall be deteriorated psychotropic substances shall be psychotropic The following The application for registration of a preparation under Section 40, must The application for registration of a A licensee to produce or import psychotropic substances in Schedule III A licensee to produce or import psychotropic Section 40 Section 39 The application for registration of preparation and the granting of a certificate of The application for registration of preparation not apply to a licensee to produce or import The provisions of paragraph one shall Section 41 (1) label of the which has expired as shown on the a psychotropic substance (2) it is the same as a fake substance which has transformed so that a psychotropic (1) the name of the preparation; (2) and quantity of ingredients which are composition of the preparation; the name (3) the content; (4) the method of analysing the standard of composition of the preparation in case (5) the label; (6) the accompanying leaflet (if any); (7) the place of production is the name of its producer and the country where (8) other items as prescribed in the Ministerial Regulations. or Schedule IV who wishes to produce or import any preparation containing the aforesaid or Schedule IV who wishes to produce apply to the competent official for registration of such psychotropic substances must first a certificate of registration of the preparation, he may preparation and after having received then produce or import such preparation. accordance with the rules, procedure and conditions as registration of preparation shall be in prescribed in the Ministerial Regulations. that he complies with the rules, procedure and samples of authorized preparation; provided Regulations. conditions as prescribed in the Ministerial substances: registered preparation; in substance which is not under Section 37 (5) or a psychotropic psychotropic substance under Section 38. conformity with its standard contain the following particulars: by the Minister of applying a method which is not in the pharmacopoeia specified and notified under the law on drugs; located; and NARCOTIC LAWS OF THAILAND conditions asprescribedintheMinisterialRegulations. particular ofaregisteredpreparationshallbeinaccordancewiththerules,procedureand made onlyafterhavingreceivedawrittenpermissionfromthecompetentofficial. shall befinal. Section 46. substance underSection37orisapreparationwhichhasbeenrevokedbytheMinister impolite, ormybemisleading; may beunsafetotheusers; Section 41orwiththeMinisterialRegulationsissuedunder40; the casewherehe,withapprovalofBoard,isopinionthat: Notification intheGovernmentGazette. Minister whoshallhavethepowertorevokeregistration ofsuchpreparationbyissuinga or usesanamedifferentfromthatwhichhasbeen registered, theBoardshalladvise contain propertiesasregisteredormaybeunsafetotheusers orisafakepsychotropicsubstance the provisionsofSection22shallapplymutatismutandis. Regulations. be inaccordancewiththerules,procedureandconditionsprescribedMinisterial there isanorderrefusingtorenewit. application beforeitsexpirationandafterhavingfiledit,hemaycontinuehisbusinessuntil from thedateofissue.Ifapersonreceivingcertificatewishestorenewit,hemustfilean amendment ofaparticularregisteredpreparation. Section 43 The applicationforamendmentofaparticularandthepermissiontoamend Section 42 Section 44 The orderrefusingtoacceptthepreparationforregistrationbycompetentofficial thepreparationunderapplicationforregistrationisa fakepsychotropic (4) thenameofpreparationunderapplicationforregistrationisboastful, (3) thepreparationunderapplicationforregistrationhasunreliablepropertiesor (2) theapplicationforregistrationofpreparationisnotinaccordancewith (1) The decisionoftheMinister shall befinal. Section 46 In thecasewhereapplicanthasreceivedorder refusing torenewacertificate, The applicationforandtherenewalofacertificateregistrationpreparationshall Section 45 If theBoardisofopinionthatanyregisteredpreparation doesnot The competentofficialshallnotacceptapreparationforregistrationin A certificateofregistrationpreparationshallbevalidforfiveyears An amendmentofanyparticulararegisteredpreparationmaybe The provisionsofSection43shallapplymutatismutandistothe 66 NARCOTIC LAWS OF THAILAND 67 Advertisement CHAPTER 8 CHAPTER 7 Competent officials In the case where a certificate of registration of preparation is lost or of preparation of registration where a certificate In the case A person shall not advertise the psychotropic substances for commercial A person shall not advertise the psychotropic In the performance of duties a competent official must produce his identity In the performance of duties, a competent official has the power to enter a In the performance of duties, a competent Section 49 the licensee In the performance of duties of the competent official under paragraph one, Section 50 Section 48 (1) to a medical practitioner, first-class such advertisement is made directly (2) substance on its container it is a label or accompanying leaflet for a psychotropic Section 47 The application for and the issue of a substitute of certificate of registration of and the issue of a substitute of The application for place of production, place of sale, place of importation, or storage of psychotropic substances place of production, place of sale, place with this Act and the during office hours for inspection so as to ensure the execution in accordance for examination, or power to take an appropriate quantity of psychotropic substances as samples under this Act has may in the case where there is reasonable ground to suspect that an offence offence including the been committed, seize or attach the psychotropic substances relating to the prosecution. containers or packages thereof and relevant documents for the purpose of instituting or storage of and all persons having the duties in connection with the production, sale importation shall provide him psychotropic substances in the place of sale, place of importation, or storage with appropriate facilities. card at the request of the licensee or the persons concerned. purpose unless practitioner in the branch of dentistry pharmacist or first-class veterinarian or practitioner in the branch of dentistry or package. materially damaged the licensee shall inform the competent official of it and file an application of it and file an competent official shall inform the damaged the licensee materially within fifteen days from the date certificate of the registration of preparation for a substitute of such lose of damage. of the knowledge of preparation shall be in accordance with the rules, procedure and conditions prescribed in the and conditions prescribed in in accordance with the rules, procedure preparation shall be Ministerial Regulations. NARCOTIC LAWS OF THAILAND recommendation oradviceof theBoard,haspowertorevokehislicence. the businessduringworkinghoursunderSection26 paragraphone,thegrantor,upon Section 14oftheDrugsAct,B.E.2510orfailstoprovide afull-timepharmacisttosupervise the suspensionthereof. his licencependingthefinaljudgement. has beenprosecutedforhavingcommittedanoffenceunder thisAct,thegrantormaysuspend recommendation onehundredandtwentydayseach time butinthecasewherealicensee or adviceoftheBoard,haspowertosuspendhislicenceforaperiodnotexceeding Regulations orNotificationsissuedunderthisAct,thegrantor,uponrecommendation under thePenalCode. to besoldandthenetproceedsofsaleshallseizedinsubstitutethereof. before theexpirationofperiodunderparagraphone,causethingseizedorattached to besoldandthenetproceedsofsaleshallseizedinsubstances,competentofficialmay, before theexpirationofperiodunderparagraphone,causethingseizedorattached expenses outofproportiontothepricepsychotropicsubstances,competentofficialmay, Ministry ofPublicHealth. non-prosecution orofthefinaljudgementCourttheyshallbecomeproperty ninety daysfromthedateofseizureorattachmentknowledgefinalorder forfeited theminitsjudgementandtheownerorpossessorhasnotclaimedwithin or thepublicprosecutorhasgivenfinalorderofnon-prosecutionCourtnot carrying acrossofpsychotropicsubstancesinviolationthisAct.Iftheownerisnotfound thereof anddocumentsseizedorattachedunderSection48inthecaseofexportation prescribed intheMinisterialRegulation. Section 54 The personwhoselicencehasbeensuspendedmaynot applyforanylicenceduring Section 53 Section 52 If thethingseizedorattachedisperishableifdelayinvolvesrisksstorage Section 51 An identitycardofacompetentofficialshallbeinaccordancewiththeform As forthepsychotropicsubstancesincludingcontainersorpackages Any licenseewhoviolatesorfailstocomplywiththisActMinisterial In theperformanceofduties,competentofficialsshallbe Any licenseewhoisdisqualifiedorunderany prohibition under Suspension andRevocationofLicences CHAPTER 9 68 NARCOTIC LAWS OF THAILAND 69 CHAPTER 10 Special Measures of Control The person whose licence has been revoked may sell his remaining The person whose licence has been It shall be deemed that a preparation containing a psychotropic substance In the case where a preparation containing psychotropic substances which The order suspending or revoking a licence shall be made in writing or revoking a licence shall be The order suspending The licensee whose licence has been suspended or revoked has the The licensee whose licence has been The grantor, upon the recommendation or advice of the Board, has the The grantor, upon the recommendation Section 59 The order suspending or revoking a licence upon paragraph one may be advertised or revoking a licence upon paragraph The order suspending Section 56 Section 57 final. The decision of the Minister shall be not stay the execution of the order suspending The appeal under paragraph one shall Section 58 The person whose licence had been revoked may not apply for any licence until the any licence until may not apply for been revoked whose licence had The person Section 55 Section 60 in newspaper on by any other method. thirty days from the date of the knowledge of the order. right to appeal to the Minister within the appeal or amend the order of the grantor in such a way The Minister has the power to dismiss as to be favourable to the appellant. or revoking a licence. and served to the licensee: in the case where he is not found or refuses to receive the said licensee: in the case where he is not and served to the of production place of sale or place posted at the place of order, it shall be conspicuously deemed that the licensee has been substance and it shall be importation of psychotropic as from the date of the posting. informed of such order the licence before the due date when he is satisfied power to cancel the order suspending been suspended has complied with this Act or Ministerial that the licensee whose licence has this Act. Regulations or Notifications issued under lapse of two years from the date of revocation, and the grantor may or may not issue him a may or may not and the grantor date of revocation, years from the lapse of two fit. licence as he thinks in any Schedule shall also be a psychotropic substance in such Schedule. psychotropic substance to any other licensee or to a person the grantor thinks fit within sixty days psychotropic substance to any other licensee the order revoking his licence or of the decision of the from the date of the knowledge of sixty days. Minister unless the grantor has granted an extension for a period not exceeding are specified in more than one Schedule, it shall be deemed that such preparation is the are specified in more than one Schedule, it shall be deemed that such the others. psychotropic substance in the Schedule which is under stricter control than NARCOTIC LAWS OF THAILAND export orcarryacrosspsychotropicsubstancesinSchedule IIIorScheduleIV; purpose ofhistreatment. dentistry mayadviceorcompelanotherpersontoconsume anypsychotropicsubstanceforthe another persontoconsumeanypsychotropicsubstance. in thebranchofdentistryforpurposehistreatment. unless heconsumesunderanorderofamedicalpractitionerorfirstclassmodern mutandis. procedure andconditionsprescribedintheMinisterialRegulations. he hasreceivedalicence. by itshallhaveinpossessionorutilizeanypsychotropicsubstanceScheduleunless prescribed underparagraphone. paragraph twowhenitappearsthatsuchpreparationisnotinconformitywiththerules conditions prescribedintheMinisterialRegulations. exempt preparation:providedthatshallbeinaccordancewiththerules,procedureand quantity thatitislikelytobeabused;and Schedule IV; (14) 1 thepossessionorutilizationinbusinessofalicensee toproduce,sell,import, (1) Section 63 A medicalpractitionerorafirstclassmodern practitionerinthebranchof Section 62quarter 1)Section (14) Section 62ter Section 62bis The provisionsofSection20,21,and22shallapplytheretomutatis The applicationforandthegrantingofalicenceshallbeinaccordancewithrules, Section 62 The MinistermayissueaNotificationcancellinganexemptpreparationnotifiedin The MinistermayissueaNotificationintheGovernmentGazettedesignatingitasan doesnotcausedangertohealthandthepublic; (4) containsapsychotropicsubstancewhichcannotbeextractedforuseinsuch (3) isnotlikelytobeabused; (2) containsoneormorepsychotropicsubstancesinScheduleII,III (1) Section 61 B.E.2535, section11. 62 bis,sectionterand quarterhavebeenaddedbyPsychotropicsubstancesAct(No.3) Theprovisionofsection62paragraphoneshallnotapply to In thecasewhereanypreparation. No personexcepttheMinistryofPublicHealthorentrusted No personshallconsumeanypsychotropicsubstanceinScheduleI. No personshallconsumeanypsychotropicsubstanceinScheduleII No personshallinduce,panderto,instigate,deceiveorthreaten 70 NARCOTIC LAWS OF THAILAND 71 In the case where the Minister thinks fit, he may issue a Notification In the case where the Minister thinks Under the enforcement of section 68 pharmacists will sell psychotropic A person who is not a full-time pharmacist supervising the business at A licensee to produce sell, import, export, carry across or have in possession A licensee to produce sell, import, export, repealed and replaced by Psychotropic Substances (No.2) B.E.2528, section 3. Section 67 (15) (2)any other application by ingestion or a person for consumption the possession by (3) of psychotropic substances or utilization in the performance of duties the possession (4) the possession or utilization in the performance of duties of psychotropic substance (5)Schedule the possession of psychotropic substances in Schedule II, Schedule III or Section 64 Section 65 Section 66 (15) substances in schedule III or IV only to Ministries, Sub-Ministries, Departments, Thai Red Cross substances in schedule III or IV only to Ministries, Sub-Ministries, Departments, Minister notifies the Society, Pharmaceutical Organization or such other official institutes as of dentistry, first Government Gazette medical practitioners, first class practitioners in the branch to manufacture, class veterinarians, holders of such prescriptions or persons who have licenses records showing sell or hold psychotropic substances in schedule III or IV only and must have method of an appropriate quantity of any psychotropic substance in Schedule II, or Schedule III, in Schedule II, or Schedule substance of any psychotropic an appropriate quantity method of with the prescription of a medical that it shall be in accordance or Schedule IV; provided in dentistry or first-class veterinarian veterinarian in the branch of practitioner first-class of diseases or sickness of such analysis, healing, relief, cure or prevention connection with the person or his animals; Sub-Ministries, Departments, Thai III, or Schedule IV by the Ministries, in Schedule II, Schedule such other official institutions as the Pharmaceutical Organization or Red Cross Society, Minister notifies in the Government Gazette; entrusted by the Ministry of Public Health; in Schedule I or Schedule II by the person for first aid use or for an emergency occurring on a ship, IV in an appropriate quantity necessary public transport not registered in the Kingdom aircraft or other vehicle used in international and application for a licence shall be filed under if such vehicle is registered in the Kingdom, section 62. specifying any psychotropic substance in Schedule II, Schedule III or Schedule IV which a specifying any psychotropic substance in the branch of dentistry, or first-class veterinarian medical practitioner first-class practitioner the quantity as prescribed by the Minister. may, without permission, have in possession or utilize psychotropic substances must provide adequate measures of control in order that or utilize psychotropic substances must they may not be lost or used illegally. the place of production, place of sale, or place of importation of psychotropic substances shall the place of production, place of sale, or place of importation of psychotropic close supervision not sell such substance in such place to another person unless it is made under of the full-time pharmacist of such place. NARCOTIC LAWS OF THAILAND of theMinisterunderSection6(5). the pharmacistmustalsodelivertobuyerawarningorcautionaccordingNotification Schedule IItoapersonorplace otherthanthepersonorplacespecifiedinlicence toimport. one copyattheMinistryofPublicHealth. imported andreturnonecopytotheauthorityof country grantingthelicenceandreturn specifying thedateofimportationandquantity thepsychotropicsubstancesactually substances andtwocopiesthereoftransmitteddirectlyto theSecretary-General. by theauthorityofexportingcountrytobetransmitted togetherwiththepsychotropic the personentrustedbyMinistryofPublicHealthmust causeonecopyofthelicenceissued must notbemorethanquantitiesthatshallconsumedwithinlessthirtydays. may berepeatedbutnotmorethanthreetimesandquantitiesofdrugsforeachprescription the detailseverysalesprescribedinMinisterialRegulations. the particularsofeachsaleinformprescribedMinisterialRegulations. that hemay,ineachcase,sellitforusenotmorethanthreedaysamonthandshallrecord psychotropic substancesinScheduleIIIorIVforapatientsickanimalprovided the businessofsuchplacesalemaysell,withoutaprescriptionissuedsaidperson, an authorizedplaceofsalepsychotropicsubstances,thefull-timepharmacistsupervising in thebranchofdentistry,orfirst-classveterinarianwithinradiusfivekilometresfrom rules, procedureandconditionsprescribedintheMinisterialRegulations. a specificlicencefromthegrantor. I orScheduleII,thepersonentrustedbyMinistryofPublicHealthmusthavefirstreceived Section 73 Section 72 The competentofficialshallendorsethecopiesoflicence underparagraphoneby Section 68 Each prescriptionmustbeusednotmorethanthirtydaysaftertheissue. Prescriptions inclauseIcanbeusedonlyonetimeexceptprescribeswritethatthey Section 69 Section 71 The applicationforandthegrantingofalicenceshallbeinaccordancewith Section 70 InthedeliveryofpsychotropicsubstancesunderSection67or68, Inthecasewherethereisnomedicalpractitioner,first-classpractitioner In eachimportationofpsychotropicsubstanceinScheduleIorII, In theexportationofpsychotropic substancesinScheduleIorII, In eachimportationorexportationifpsychotropicsubstancesinSchedule A personshallnotsendapsychotropicsubstance in ScheduleIor International Trade CHAPTER 11 72 NARCOTIC LAWS OF THAILAND 73 In the carrying across of a psychotropic substances in all Schedules, a In the carrying across of a psychotropic The provisions of the law on customs in so far as the inspection seizure The provisions of the law on customs In carrying across a psychotropic substance in Schedule I or Schedule II, a psychotropic substance in Schedule In carrying across In the case where there is a change in the destination of the psychotropic The Ministry of Public Health shall cause two copies of the specific licence to export Health shall cause two copies of The Ministry of Public Section 74 have been transhipped from a vehicle used for In the case where the active ingredients psychotropic substance during the trans- shall have the duty to supervise such Section 75 Section 76 Section 77 the licensee must have a licence issued by the authority of the exporting country together with the licensee must have a licence issued accordingly inform the person in charge of the vehicle the psychotropic substance and must and the person in charge of the vehicle shall take an carrying it before entering the Kingdom or illegal use of the psychotropic substance in the vehicle. appropriate measure to prevent the loss another destination person shall not change the destination of the psychotropic substance to the psychotropic which is not specified in the export licence which is enclosed with the country granting substance unless he has received a written permission from the authority of such licence and the Secretary General has also given approval thereto. the psychotropic substance to be transmitted to the authority of the importing country and to be transmitted to the the psychotropic substance be the copy of the licence which will shall cause the examination of the Secretary-General returned later. in charge of such vehicle shall first inform a customs its carriage to another vehicle, the person customs officer officer at the place accordingly and the person in charge of the vehicle receiving the trans- shipment. After the trans-shipment the shall have the same duty as the person in charge of the shipment of pyschotropic substance vehicle under paragraph one. concerned shall apply to the importation, exportation or confiscation or arrest of offenders are in all Schedules under this Act. carrying across of psychotropic substances substance has been substance under Section 76 it shall be deemed that such psychotropic official shall exported from the country granting the licence into the Kingdom and the competent by specifying the endorse the copies of licence issued by the authority of the exporting country carried across and date of importation and the quantity of the psychotropic substance actually one copy at the return one copy to the authority of the country granting the licence and retain Ministry of Public Health. the person entrusted by the Ministry of Public Health must deliver a licence to import issued by a licence to import Health must deliver Ministry of Public entrusted by the the person for a order that his application Public Health in to the Ministry of of such country the authority shall in the exportation, enclose export may be considered and the licensee specific licence to exported. with the psychotropic substance one copy of such licence NARCOTIC LAWS OF THAILAND carrying acrossofpsychotropicsubstancesashethinksfit. power torelaxthemeasuresofcontrolunderSection74and77withregard of theexportingcountry. person orplacespecifiedinthedeclarationofexportationissuedbyproperauthority shall notsendthepsychotropicsubstanceinScheduleIIItoapersonorplaceotherthan conditions prescribedintheMinisterialRegulations. ers ofsuchlicencesandcompetentofficialsmustpracticeasaccordingtorules,procedures its packageunlesshehasreceivedawrittenpermissionfromtheSecretary-General. officer underSection74paragraphtwo,apersonshallnotconvertortransformitchange I orScheduleIIwhilethepsychotropicsubstanceisundersupervisionofcustoms competent officialofimporter. stance andsenddirectlytwocopiestoSecretary-General. holder ofsuchlicencemusthaveonecopyexportdeclarationtogetherwithpsychotropicsub- returned later. the Secretary-Generalshallcauseexaminationofcopylicencewhichwillbe the psychotropicsubstancetobetransmittedauthorityofnewimportingcountryand the psychotropicsubstancewhichwillbeexportedtonewdestination. export maythenbeconsidered,andthelicenseeshallencloseacopyofsuchlicencewith country totheMinistryofPublicHealthinorderthatthisapplicationforaspecificlicence one, thelicenseemustfirstdeliverlicenceissuedbyauthorityofnewimporting Gazette. country, theMinistershallissueaNotificationprohibiting suchimportationintheGovernment the Secretary-GeneralofUnitedNationsprohibition ofimportationthereofintosuch importation ofanypsychotropicsubstanceinSchedule byaforeigncountrywhichreportsto (17) (16) Section 81 Section 79 (17) (16) Section 83 The MinistryofPublicHealthmustsendonecopyexport declarationasfirstclassto Section 82 Section 80 Section 78 The MinistryofPublicHealthshallcausetwocopiesthespecificlicencetoexport In theexportationofpsychotropicsubstancetonewdestinationunderparagraph repealed andreplacedbyPsychotropic Substances Act(No.2)B.E.2528,Section5. repealed andreplacedbyPsychotropic Substances Act(No.2)B.E.2528,section4. In thecasesofimportationspsychotropicsubstancesinscheduleIII,hold- In thecourseofcarryingacrossapsychotropicsubstanceinSchedule In thecasesofeachparticularpsychotropicsubstancesinscheduleIII,a When theMinistryofPublicHealthhasbeeninformed theprohibitionof In theimportationofpsychotropicsubstanceunderSection80,aperson In thecaseofemergencyornecessity,Secretary-Generalhas 74 NARCOTIC LAWS OF THAILAND 75 When it appears that a person is addicted to a psychotropic substance, A person in charge of a vehicle under section 85 must provide an A person in charge of a vehicle under Persons entrusted by the Ministry of Public Health or licensees under Persons entrusted by the Ministry of A person shall not export a psychotropic substance to a country which to a country a psychotropic substance shall not export A person The possession of a psychotropic substance in Schedule II, Schedule III or a psychotropic substance in Schedule The possession of * paragraph three of section 88 has been repealed by Psychotropic Substances (No.3) B.E.2535, section 12. * paragraph three of section 88 has been repealed by Psychotropic Substances (No.3) B.E.2535, section Section 84 The application for and the granting of a licence shall be in accordance with the and the granting of a licence shall The application for Section 85 Section 86 Section 87 or psychotropic substances and the reports The record of acquisition and disposal Section 88* treatment, The Ministry of Public Health shall have the duty to provide appropriate prohibits the importation thereof under Section 83 unless he has received a specific licence received a specific 83 unless he has under Section the importation thereof prohibits and specific license from the Secretary-General. from such country rules, procedure and conditions prescribed in the Ministerial Regulations. conditions prescribed in the Ministerial rules, procedure and on use or for an emergency occurring quantity needed for first aid Schedule IV in an appropriate public transport shall be exempted any other vehicle used in international a ship, aircraft, or across or exportation under this Act. of control for the importation, carrying from the measures Section 16, Section 19 or Section 62, including the Ministries, Sub-Ministry, Departments, Section 16, Section 19 or Section Organization and other official institutions as the Thai Red Cross Society, Pharmaceutical which carry out the business with regard to the Minister notifies in the Government Gazette, across or possession of psychotropic substances which production, sale, importation, carrying the acquisition and disposal of psychotropic substances are not exempt preparations must cause annual reports to the Secretary-General. Such record to be recorded and submit monthly and date of the last entry of a particular be kept and available shall, at least within two years from the the time during the office hours. for production to a competent official all appropriate measure to prevent the loss or illegal use of the psychotropic substance in such appropriate measure to prevent the vehicle. with the forms prescribed in the Ministerial under paragraph one shall be in accordance Regulations. or advice of the Secretary-General or the person entrusted by him upon the recommendation and restoration the Board, has the power to commit such person for treatment or rehabilitation home as he of ability for a period of one hundred and eighty days in a clinic or rehabilitation and restoration of thinks fit. In the case where it is necessary for the treatment or rehabilitation an extension for a ability, the Secretary-General or the person entrusted by him may grant period of not more than one hundred and eighty days. the persons referred education, training, after-care or rehabilitation and restoration of ability for NARCOTIC LAWS OF THAILAND shall beliabletoafineoftwentythousandBahtonehundred thousandBaht. Baht ortoboth. imprisonment foratermnotexceedingoneyearortofinetwentythousand thousand Bahtortoboth. be liabletoimprisonmentforatermnotexceedingoneyearorfinetwenty until thedateofapplicationforitsrenewalisfiled. of twohundredBahtadayasfromthefollowingdateexpirationlicence expiration ofhislicencewithoutfilinganapplicationforitsrenewalshallbeliabletoafine thousand Baht. imprisonment foratermnotexceedingfiveyearsandtofineonehundred to complywithSection67shallbeliableafinenotexceedingfiftythousandBaht. to thepsychotropicsubstance. to inparagraphoneorderthatsuchpersonmaybesociallyreintegrated,freefromaddiction to fiftythousandBaht. duties underSection33,34or35shall beliabletoafineoftenthousand the supervisionofbusinesslicenseewithout justificationorfailstodischargehis or Section47paragraphoneshallbeliabletoafinenot exceedingtenthousandBaht. hundred thousandtofourBaht. graph oneshallbeliabletoimprisonmentforatermoffivetwentyyearsandfine (19) (18) Section 95 Section 94 Section 92 Section 91 Section 93 (19) (18) Section 97 Section 96 Section 89 Section 90 repealed andreplacedbyPsychotropic Substances Act(No.3)B.E.2535,section14. repealed andreplacedbyPsychotropic Substances Act(No.3)B.E.2535,section13. Any licenseewhofailstocomplywithSection30paragraph one,Section31 Any licenseewhofailstocomplywithSection27,28or29 Any licenseewhoviolatesSection24or32paragraphonefails Any personwhoviolatessection13paragraphoneorbispara- Any pharmacistinchargeofdutieswhodesertshis inrespectof Any licenseeunderSection16orwhocontinuesthebusinessafter Any licenseewhofailstocomplywithSection26paragraphoneshall Any personwhoviolatedSection16paragraphoneshallbeliableto Any personwhoviolatesSection26paragraphtwoshallbeliableto Penalties Provisions CHAPTER 12 76 NARCOTIC LAWS OF THAILAND 77 Any person who produces, sells or imports any psychotropic substance Any person who sells or imports any deteriorated psychotropic substance Any person who sells or imports any Any licensee who fails to comply with Section 40 paragraph one, shall be Any person who produces or imports any fake psychotropic substance in psychotropic substance imports any fake who produces or Any person Any person who produces or imports any psychotropic substance, which is or imports any psychotropic substance, Any person who produces Section 102 Any person who sells any fake psychotropic substance in violation of Section 36 (1) shall any fake psychotropic substance in Any person who sells substance without the sells or imports any fake psychotropic Any person who Section 99 substance which is not in conformity with the Any person who sells any psychotropic psychotropic substance which is not in conformity Any person who sells or imports any Section 100 deteriorated If the offender under paragraph one did it without the knowledge of it being a Section 101 Section 98 which must be registered but has not yet been registered, which is in violation of Section 36 (4), which must be registered but has not yet been registered, which is in violation a fine not exceeding shall be liable to imprisonment for a term not exceeding three years or to sixty thousand Baht or to both. not exceeding sixty liable to imprisonment for a term not exceeding three years or to a fine thousand Baht or to both. violation of 36 (1) shall be liable to imprisonment for a term of five to fifteen years and to a fine of to fifteen years and for a term of five to imprisonment 36 (1) shall be liable violation of to three hundred thousand Baht. one hundred thousand to and to a fine of twenty thousand for a term of one to ten years be liable to imprisonment Baht. two hundred thousand thousand to fifty thousand Baht. fake shall be liable to a fine of ten knowledge of it being any psychotropic substance the registration of preparation not in conformity with the standard or which is in violation of Section 36 (2) or (5), shall of which has been revoked by the Minister, one to ten years and to a fine of twenty thousand to two be liable to imprisonment for a term of hundred thousand Baht. the registration of preparation of which has been standard or any psychotropic substance in violation of Section 36 (2) or (5), shall be liable to revoked by the Minister, which is to five years and to a fine of ten thousand to one hundred imprisonment for a term of six months thousand Baht. substance the registration of preparation of which has with the standard or any psychotropic the knowledge of it not being in conformity with the been revoked by the Minister, without of which has been revoked by the Minister shall standard or that the registration of preparation Baht. be liable to a fine not exceeding fifty thousand Baht. psychotropic substance, he shall be liable to a fine not exceeding thirty thousand in violation of Section 36 (3), shall be liable to imprisonment for a term not exceeding two years or in violation of Section 36 (3), shall be liable to imprisonment for a term not exceeding to a fine not exceeding forty thousand Baht or to both. NARCOTIC LAWS OF THAILAND to commitacrimeorfacilitatinghimselfotherpersons to commitacrime,theoffendershallbe woman orpersonwhoisnotsuijuriscommittedforthe purposeofpersuadingotherpersons thousand Baht. imprisonment foratermoftwototenyearsandfinefortythousandhundred hundred thousandBaht. liable toimprisonmentforatermofonefiveyearsandfinetwentythousand thousand Baht. for atermoffivetotwentyyearsandfineonehundredthousandfour exceeding thatprescribedbytheMinisterundersection6(7bis)*shallbeliabletoimprisonment substance inScheduleIorII,whichviolatessection62paragraphone,quantity a finenotexceedingtwentythousandBaht. twenty thousandBahtortoboth. shall beliabletoimprisonmentforatermnotexceedingoneyearorfine III orScheduleIVinviolationofsection62paragraphoneanypersonwhoviolates81 Baht ortoboth. imprisonment foratermofonetofiveyearsandfinenotexceedingtwentythousand in ScheduleIorIIviolationofsection62paragraphoneshallbeliableto for lessthansixtythousandBahtorboth. section 84paragraphoneshallbeliabletoimprisonmentforlessthanthreeyearsorafine fine notexceedingonethousandBaht. official intheperformanceofhisdutiesunderSection49paragraphtwoshallbeliabletoa (22) (21) (20) 2)Section 106bis,sectionterandquarterhavebeenaddedbyPsychotropic SubstancesAct(No.3) (22) repealed andreplacedbyPsychotropicSubstancesAct(No.3)B.E.2535,section 15. (21) repealedandreplacedbyPsychotropicSubstances Act(No.2)B.E.2528,section6. (20) In thecasewhereactinviolationofsection62quarter iscommittedagainsta Section 106quarter Section 106ter Section 106bis Section 106 Section 104 Section 103 Any personwhohasinpossessionorutilizesanypsychotropicsubstanceSchedule Section 105 B.E.2535, section16. Any personwhohasinpossessionorutilizesanypsychotropicsubstance Any personwhoviolatessection48,72,76,78or Any personwhoviolatesSection42,paragraphoneshallbeliableto Any personwhofailstoprovideappropriatefacilitiesacompetent Any personwhoviolatessection62bis,ortershallbe Any personwhohasinpossessionorutilizesanypsychotropic Any personwhoviolatessection62quartershallbeliableto 78 NARCOTIC LAWS OF THAILAND 79 Any person who violates Section 66 shall be liable to a fine of ten violates Section 66 shall be liable Any person who Any person under treatment or rehabilitation and restoration of ability Any person in charge of a vehicle who fails to perform his duty under Any person in charge of a vehicle who Any person in charge of a vehicle used in international public transport Any person in charge of a vehicle used Any pharmacist who sells psychotropic substance in violation of Section sells psychotropic substance in violation Any pharmacist who Any addict to a psychotropic substance who refuses to accept treatment Any addict to a psychotropic substance Any licensee who fails to comply with Section 87 paragraph one shall be Any licensee who fails to comply with Whenever a punishment has been inflicted under Section 89, Section 90, Any pharmacist who fails to record items under Section 67 paragraph one fails to record items under Section Any pharmacist who Any licensee who fails to comply with Section 71 paragraph one, Section 73 Any licensee who fails to comply with Section Section 107 Section 108 Section 109 Section 110 Section 111 Section 112 Section 113 Section 114 Section 115 Section 116 thousand to fifty thousand Bath. thousand to fifty thousand liable to imprisonment for a term of three years to imprisonment for life and to a fine of sixty for life and to a to imprisonment term of three years for a liable to imprisonment Baht. to five hundred thousand thousand 67 paragraph one or Section 68 shall be liable to a fine of ten thousand to fifty thousand Baht. Section 68 shall be liable to a fine 67 paragraph one or paragraph one, Section 74 paragraph one, Section 77 paragraph two or Section 82 paragraph paragraph one, Section 74 paragraph one thousand Baht. one shall be liable to a fine not exceeding exceeding fifty thousand Baht. Section 74 shall be liable to a fine not him under Section 88 according to an order of the Secretary-General or the person entrusted by to imprisonment paragraph one, escapes from the clinic or rehabilitation home shall be liable Baht or to both, for a term not exceeding three months or to a fine not exceeding ten thousand or rehabilitation and such person shall, after having been punished, be committed for treatment and restoration of ability in accordance with the original order. or Section 68 or fails to comply with Section 69 shall be liable to a fine not exceeding one to comply with Section 69 shall or Section 68 or fails thousand Baht. be liable to a fine not exceeding fifty thousand Baht. who fails to comply with Section 86 shall according to an order of the Secretary-General or the or rehabilitation and restoration of ability 88 paragraph one shall be liable to imprisonment person entrusted by him under Section or to a fine not exceeding ten thousand Baht or to both, for a term not exceeding three months punished, be committed for treatment or rehabilitation and such person shall, after having been with the original order. and restoration of ability in accordance liable to a fine not exceeding twenty thousand Baht. liable to a fine not exceeding twenty thousand tools and Section 98, Section 99, Section 100 or Section 101, all psychotropic substances, connected with the equipment used in their production including containers or packages for destruction or offence shall be forfeited and forwarded to the Ministry of Public Health management as it thinks fit. NARCOTIC LAWS OF THAILAND SanyaDharmasakti Countersigned by comes intoforce. statement “psychotropicsubstance”underSection27(3)withinoneyearfromthedatethisAct harmful habitformingdrugsonthedatethisActcomesintoforceshallnotberequiredtohave substances, havebeendulyproduced,soldorimportedunderthelawondrugs knowledge oftheorderandprovisionsSection58shallapplymutatismutandisthereto. licence, suchpersonshallnotbeentitledtocontinuehisbusinessasfromthedateof business forthetimebeing,butifgrantorissuesawrittenorderrefusingtogranthim the datethisActcomesintoforce.Withinaforesaidperiod,applicantmaycontinuehis business thereafter,heshallfileanapplicationforalicenceunderthisActwithinsixtydaysfrom comes intoforcemaycontinuehisbusinessuntillicenceexpiresandifhewishesto substance orcontainsapsychotropicunderthelawondrugsdatethisAct power tosettlealloffencespunishableonlywithfinesunderthisAct. Office ofthePrimeMinister Office oftheNarcoticsControlBoard Legal andScientificDetectionDivision (SurapolTrivate) Certified correcttranslation Section 119 Prime Minister Section 118 Section 117 Alldrugswhich,beingpsychotropicsubstancesorcontaining TheSecretary-Generalorthepersonentrustedbyhimshallhave Alicenseetoproduce,sellorimportanydrugwhichispsychotropic Transitory Provisions 80 NARCOTIC LAWS OF THAILAND Janruary B.E.2518 (1975). th September 2542, and was moved in serial th June B.E. 2542 (1999). th 81 ANNEXED TO THE SCHEDULE trimethyl-6H-dibenzo[b,d]pyran) 4,5-Dihydro-4-methyl-5-Phenyl-2-oxazolamine) dibenzo[b,d]pyran) [b,d]pyran) published in the Government Gazette, Vol.116, Part 48 D, dated 17 published in the Government Gazette, Vol. 116, Part. 78D, dated 30 number 19 of the same category 5. (repealed) 8. (repealed) 7. (repealed) 6.AMINOREX((+)-cis-2-Amino-4-methyl-5-phenyl-2-oxazoline or (+)-cis- 4-METHYL 1. CATHINONE ( (-)-a-Amino-propiophenone) 2. DET (N,N-Diethyltryptamine) 3. DMHP (3-(1,2Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H- 4. DMT (N,N-Dimethyltryptamine) 9. (3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo PARAHEXYL 14. (repealed) 15. TCP (1-[1-(2-Thieny)cyclohexyl]piperidine) 16. TETRAHYDROCANNABI-NOL (1-hydroxy-3-pentyl-6a,7,10,10a-tetrahydro-6,6,9- (*) (*) 10. PCE (N-ethyl-1-phenylcyclohexylamine) 11. PHP or PCPY (1-(1-Phenylcy clohexyl)pyrrolidine) 12. PSILOCINE (3-(2-Dimethylaminoethyl)-4-hydroxyindole) 13. PSILOCYBINE (3-(2-Dimethylaminoethyl)-indol-4-yl dihydrogen phosphate) (1) Published in the Government Gazette, Vol. 92 (Special Edition) Part. 5, dated 9 (1) of Public Health (Number 110) B.E.2542, serial Number 5 was repealed by the Notification of the Ministry (**)Serial(*) number 7, 8, 14 was repealed by the Notification of the Ministry of Public Health (Number 109) B.E 2542, The Notification of the Ministry of Public Health, No. 97 (B.E.2539) in regard of the Ministry of Public Health, The Notification (**) with specifying the names and the categories of psychotropic substances under the names and the categories of with specifying the Act B.E.2518 (1975). Psychotropic Substances Schedule 1 NARCOTIC LAWS OF THAILAND Schedule 2 (4) (3) (2) 2 Serialnumber17-18wasaddedbytheNotificationofMinistryPublicHealth(Number97)B.E.2540,published (2) 4 Serialnumber20wasadded bytheNotificationofMinistryPublicHealth(Number118)B.E.2544, published (4) Serialnumber19wasaddedbytheNotificationofMinistryPublicHealth(Number110)B.E.2542,seefurther (3) 5 METHYLPHAENIDATE (2-Phenyl-2-(2-piperidyl)aceticacid,methylester) 15. MAZINDOL(5-(p-Chlorophenyl)-2,5-dihydro-3H-imidazo-[2,1-a]-isondol-5-OI) 14. LORMETAZEPAM(7-Chloro-5-(o-Chbrophenyl)-1,3-dihydro-3-hydroxy-1-methyl-2H- 13. LOPRAZOLAM(6-(o-Chlorophenyl)-2,4dihydro-2-[(4-methyl-1-piperazinyl) 12. HALOXAZOLAM(10-Bromo-11b-(o-fluorophenyl)-2,3,7,11b-tetrahydrooxazolo[3,2- 11. FLURAZEPAM(7-chrolo-1-[2-(diethylamino)ethyl]-5-(o-fluorophenyl)-1,3-dihydro-2H- 10. 8 METHCATHINONE(2-(methylamino)-1-phenylpropan-1-one.) 18. 0 GHB(Gramma-hydroxybutyrate) 20. MESCALINEandDERIVATIVES(3,4,5-Trimethoxyphenethylamine 19. ETRYPTAMINE(3-(2-aminobutyl)indole) 17. .FLUNITRAZIPAM(5-(o-Fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4- 9. FENETHYLLINE((+)-3,7-Dihydro-1,3-dimethyl-7-(2-[(1-methyl-2-phenyl-ethyl)amino]- 8. FENCAMFAMIN ((+)-N-Ethyl-3-phenylbicyclo-(2,2,1)-heptan-2-amine) 7. N-ETHYLAMPHETAMINE(N-Ethyl-a-methylphenethylamine) 6. ESTAZOLAM(8-chrolo-6-phenyl-4H-s-triazolo[4,3-a][1,4] benzodiazepine) 5. EPHEDRINE(IR,2S)-2-methylamino-1-phenylpropan-1-olhemihydrate) 4. CATHINEorNORPSEUDOEPHEDRINE(d-threo-2-Amino-1-hydroxy-1- 3. BROTIZOLAM(2-Bromo-4-(2-chlorophenyl)-9-methyl-6H-thieno[3,2-f][1,2,4]trizolo- 2. AMFEPRAMONE(2-(Diethylamino)propio-phenone) 1. in theGovernmentGazette,Vol.114,Part.18D.Dated4 in theGovernmentGazette,Vol.118Part.115D,Dated 22 detail inthescheduleannexedtoNotification oftheMinistryPublicHealth 1,4-benzodiazepin-2-one) methylene]-8-nitro-1H-imidzao[1,2-a][1,4]benzodiazepin-1-one) d][1,4]-benzodiazepin-6(5H)-one) 1,4-benzodiazepin-2-one dihydrochloride) benzodiazepin-2-one) ethyl)-1H-purine-2,6-dione) phenylpropane) [4,3-a][1,4]diazepine) 82 th MarchB.E.2540(1997) nd NovemberB.E.2544(2001) NARCOTIC LAWS OF THAILAND February 2544 (2001) February 2544 (2001) th th September B.E.2541 (1998) th March 2540 (1997) th 83 benzodiazepine) 2-one) benzodiazepine-2-thione) benzodiazepin-2-one) benzodiazepine) ester) dihydro-7-oxo-5H-pyrrolo[3,4-b]pyrazin-5-yl in the Government Gazette, Vol.115 .Part .87D (Special Issue), dated 30 in the Government Gazette, (Special Issue) general edition, Vol. 118, Part.20D, dated 28 in the Govermment Gazette, general edition, Vol. 118, Part 20D (Special Issue), dated 28 published in the Government Gazette, Vol. 114, part 18D , dated 4 37. (repealed) 32. ZIPEPROL (a-(a-methoxybenzyl)-4-(b-methoxy-phenethyl)-1-piperazineethanol) 35. KETAMINE (Cyclohexanone,2-(2-chlorophenyl)-2-(methylamino)) 25. (repealed) 16. (8-Chloro-6-(2-fluorophenyl)-1-methyl-4H-imidazo-(1,5-a)(1,4) MIDAZOLAM 17. NIMETAZEPAM (1,3-Dihydro-1-methyl-7-nitro-5-phenyl-2H-1,4-benzodiazepin- 18. (1,3-Dihydro-7-nitro-5-phenyl-2H-1,4-benzodiazepin-2-one) NITRAZEPAM 19. (2-Amino-5-phenyl-4(5H)-oxazolone) PEMOLINE 20. PHENCYCLIDINE (1-(1-Phenyl-cyclohexyl)-piperidine) 21. PHENDIMETRAZINE ((+)-3,4-Dimethyl-2-phenylmorpholine) 22. PHENMETRAZINE (3-Methyl-2 phenylmor-pholine) 23. PHENTERMINE (a,a-Dimethylphenethylamine) 24. (1,1-Diphenyl-1-(2-piperidyl)-methanol) PIPRADROL 33. AMINOREX (2-amino-5-phenyl-2-oxazoline) 34. sydnone imine) MESOCARB (3-(methylphenethyl)-N-(phenyl-carbamoyl) 36. BUTORPHANOL (17-cyclobutymethyl)morphinan3,14-diol) 26. QUAZEPAM (7-Chloro-5-(2-fluorophenyl)-1,3-dihydro-1-(2,2,2-trifluoroethyl)-2H-1,4- 27. SECOBARBITAL (5-Allyl-5-(1-methylbutyl)barbituric acid) 28. TEMAZAPAM (7-Chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4- 29. (8-Chloro-6-(o-Chlorophenyl)-1-methyl-4H-S-triazolo[4,3-a][1,4] TRIAZOLAM 30. ZOPIDEM (N,N,6-Trimethyl-2-(4-methylphenyl)-imidazo[1,2-a]pyridine-3-acetamide) 31. ZOPICLONE (4-Methyl-1-piperazinecarboxylic acid-6-(5-chloro-2-pyridinyl)-6,7- (7) Serial number 35 was added by the Notification of the Ministry of Public Health (Number 106) B.E.2541, published (8)Health (Number 117) B.E.2544, Published Serial number 37 was added by the Notification of the Ministry of Public (5) Serial number 25 was added by the Notification of the Ministry of Public Health (Number 117) B.E.2544,published (6) of Public Health (Number 98) B.E.2540, Serial number 32, 33 and 34 was added by the Notification of the Ministry (6) (7) (8) (5) NARCOTIC LAWS OF THAILAND Schedule 4 Schedule 3 (11) (10) (9) 9 Serialnumber38wasaddedbytheNotification oftheMinistryPublicHealth(Number113)B.E.2543,Published (9) (11) (10) 0 PHENYLPROPANOLAMINE(a-1-Amino-ethyl)enzenemethanol) 40. 1 Amineptine(7-[10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoicacid) 41. PSEUDOEPHEDRINE((+)-(1S,2S)-2-Methyl-amino-1-phenylpropan-1-ol)except 39. 8 ZALEPLON(N-(3-(3-Cyanopyrazolo(1,5-a)pyrimidin-7-yl)phenyl)-N-ethylacetamide) 38. .CAMAZEPAM(7-Chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4 7. BUTOBARBITAL(5-butyl-5-ethylbarbituricacid) 6. BROMAZEPAM(7-bromo-1,3-dihydro-5-(2-Pyridyl)-2H-1,4-benzodiazepin-2-one) 5. BENZPHETAMINE(N-benzyl-N,a-dimethyl-phenethyllamine) 4. BARBITAL(5,-5-diethylbarbituricacid) 3. ALPRAZOLAM(8-Chloro-1-methyl-6-phenyl-4H-s-trizolo[4,3-a][1,4]benzodiazepine) 2. ALLOBARBITAL(5,5-diallybarbituricacid) 1. PENTOBARBITAL(5-Ethyl-5-(1-methylbutyl)barbituricacid) 8. PENTAZOCINE(1,2,3,4,5,6-Hexahydro-6,11-dimethyl-3-(3-methyl-2-butenyl)- 7. MEPROBAMTAE(2-Methyl-2-propyl-1,3-propanedioldicarbamate) 6. GLUTETHIMIDE(2-Ethyl-2-phenyl-glutarimide) 5. CYCLOBARBITAL(5-(1-Cyclohexen-1-yl)-5-ethylbarbituricacid) 4. BUTALBITAL(5-Allyl-5-isobutylbarbituricacid) 3. BUPRENORPHINE(21-Cyclopropyl-7-a-[(s)-1-hydroxy-1,2,2-trimethylpropyl]-6,14- 2. AMOBARBITAL(5-Ethyl-5-(3-methylbutyl)barbituric acid) 1. in theGovernmentGazette,generaledition,Vol.117,Part.83D(SpecialIssue), dated22 March 2547(2006) substances, ActB.E.2518,published in theGovernmentGazette,Vol.121,Part.37D(SpecialIssue),dated31 with specifyingthenamesandcategories ofpsychotropicsubstance(addition)issuancebythe Serial number41wasaddedbytheNotificationofMinistryPublicHealth (Number122)B.E.2547,inregard 2544 (2001) published intheGovernmentGazette,generaledition,Vol.118,Part.20D (Special Issue),dated28 Serial number39and40wasaddedbytheNotificationofMinistryPublic Health(Number117)B.E.2544, Combined Drug benzodiazepin-2-one dimethylcarbamate 2,6methano-3-benzanocin-8-ol) endo-ethano6,7,8,14-tetrahydrooripavine) 84 nd August2543(2000) th February st NARCOTIC LAWS OF THAILAND -dimethylphenethylamine) α , α 85 )-3-[(a-methylphenethyl)amino]propionitrile) ± 4-oxide) dione) 2-one) 7-Chloro-2,3-dihydro-2-oxo-5-phenyl- benzodiazepine-3-carboxylate or Potassium compound with potassium hydroxide (1:1)) 1H,1,4-benzodiazepine-3-carboxylate 1,4-diazepin-2-one d][1,4]-benzodiazepin-6(5H)-one) 2-one) benzodiazepine-3-carboxylate) benzodiazepin-2-one) benzodiazepin-2-one) Technical grade oxazino[3,2-d]-[1,4]benzodiazepine-4,7(6H)-dione) benzodiazepin-2-one) 8. hydrate and its adducts Chloral 9. (7-chloro-2-(methylamino-5-phenyl)-3H-1,4-benzodiazepine- CHLORDIAZEPOXIDE 10. CHLORPHENTERMINE (4-chloro- 11. CLOBAZAM (7-Chloro-1-methyl-5-phenyl-1H-1,5-benzodiazepine-2,4-(3H,5H)- 12. CLONAZEPAM (5-(o-Chlorophenyl)-1,3-dihydyo-7-nitro-2H-1,4-benzodiazepin- 13. CLORAZEPATE (Potassium 7-Chloro-2,3-dihydro-2-oxo-5-phenyl-1H-1,4- 14. benzeneethanamine) CLORTERMINE (2-chloro-a,a-demethyl 15. CLOTIAZEPAM (5-(o-Cholrophenyl)-7-ethyl-1,3-dihydro-1-methyl-2H-thieno[2,3-e]- 16. CLOXAZOLAM (10-Chloro-11b-(o-chlorophenyl)-2,3,7,11b-tetrahydro-oxazolo[3,2- 17. DIAZEPAM (7-Chloro-1,3-hydro-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one) 18. DELORAZEPAM (7-Chloro-5(o-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin- 19. ETHCHLORVYNOL (ethyl-2-chlorovinyl-ethinylcabinol) 20. carbamate) ETHINAMATE (1-ethynylcyclobexasnol 21. (Ethyl-7-chloro-5-(o-flurophenyl)2,3-dihydro-2-oxo-1H,4- ETHYL LOFLAZEPATE 22. FENPRORPOREX (( 23. (7-Chloro-5-(o-fluorophenyl)-1,3-dihydro-1-methyl-2H-1,4- FLUDIZEPAM 24. (7-Chloro-1,3-dihydro-5-phenyl-1-((2,2,2)-trifluoroethyl)-2H-1,4- HALAZEPAM 25. Lithium Bromide and Potassium Bromide INORGANIC BROMIDES except 26. KETAZOLAM (11-Chloro-8,12b-dihydro-2,8-dimethyl-12b-phenyl-4H-[1,3]- 27. LORAZEPAM (7-Chloro-5(o-chlorophenyl)-1,3-dihydro-3-hydroxy-2H-1,4- 28. MEDAZEPAM (7-Chloro-2,3-dihydro-1-methyl-5-phenyl-1H-1,4-benzodiazepine) NARCOTIC LAWS OF THAILAND 5 VINYLBITAL(5-(1methylbutyl)-5-vinylbarbituricacid) 45. TOFISOPAM(1-(3,4-Dimethoxyphenyl)-5-ethyl-7,8-dimethoxy-4-methyl-5H-2,3- 44. TETRAZEPAM(7-Chloro-5(cyclohexen-1-yl)-1,3-dihydro-1-methyl-2H-1,4- 43. SPA((-)-1-dimethylamino-1,2-diphenylethane) 42. SECBUTABARBITAL(5-sec-butyl-5-ethylbarbituricacid) 41. PYROVALERONE(( 40. 9 PROPYLHEXEDRINE(( 39. PRAZEPAM(7-Chloro-1-(cyclopropylmethyl)-1,3-dihydro-5-phenyl-2H-1,4- 38. PINAZEPAM(7-Chloro-1,3-dihydro-5-phenyl-1-(2-propynyl)-2H-1,4-benzodiazepin- 37. PHENOBARBITAL(5-ethyl-5-phenylbarbituricacid) 36. PERLAPINE(6-(4-methyl-1-piperazinyl)-11H-bidenz[b,e]azepine) 35. OXAZOLAM(10-Chloro-2,3,7-11b-tetrahydro-2-methyl-11b-phenyloxazolo[3,2-d][1,4] 34. OXAZEPAM(7-Chloro-1,3-dihydro-3-hydroxy-5-phenyl-2H-1,4-benzodiazepin-2-one) 33. NORDAZEPAM(7-Chloro-1,3-dihydro-5-phenyl-2H-1,4-benzodiazepin-2-one) 32. METHYPHENOBARBITAL(5-ethyl-1-methyl-5-phenylbarbituricacid) 31. METHYPRYLON(3,3-diethyl-5-methyl-2,4-piperidinedione) 30. MEFENOREX(( 29. benzodiazepine) benzodiazepin-2-one) benzodiazepin-2-one) 2-one) benzodiazepin-6(5H)-one) ± )-N(3-Chloropropyl)-OC-methyl-5-phenyl-1H-1,4-benzodiazepine) ± )-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-pentanone) ± )-N,a-Dimethyl-cyclohexamne-ethylamine) 86 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND January B.E.2533 (1990). th 87 Day of January B.E. 2533; Day of January B.E. th Year of the Present Reign. Year of the Present th Emergency Decree on Emergency Substances B.E. 2533* (1990) Substances B.E. Controlling the Use of Volatile Controlling the Use BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Being the 45 Given on the 17 ——————————————————— (1) This Emergency Decree is called the “Emergency Decree on Controlling This Emergency Decree is called the This Emergency Decree shall come into force as from the day following the This Emergency Decree shall come In this Emergency Decree, (2) containing quantities of volatile substances. institutions for treatment of volatile substance addict. (1) Notification of Ministry of Public Health and Ministry of Industry No.14 (B.E.2538) Specifying names, categories and (2) Notification of Ministry of Public Health and Ministry of Industry No.4 (B.E.2533) and No.6 (B.E.2534) prescribing * Published in the Government Gazette Vol.107, Part 13, dated 19 “volatile substance addict” means a person who takes volatile substance regularly to “volatile substance addict” means a prepare and includes transform, repackage or “produce” means manufacture, mix or treatment of volatile substance addict including “treatment” means any act for the but all these “sell” includes dispose, distribute, give away indiscriminately or exchange “import” means bring or order into the Kingdom; the Minister “institutions for treatment” means institutions for treatment as notified by Section 2 His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that : Adulyadej is graciously pleased His Majesty King Bhumibol on controlling the use of volatile substances; Whereas it is expedient to have a law be it, therefore, enacted by the King as By virtue of section 157 of the Constitution, Section 1 Section 3 or materials as notified by the Minister in the “volatile substances” means chemicals satisfy physical or mental need and this can be proved according to theory; satisfy physical or mental need and this combine-package; rehabilitation and follow-up of the treatment result; for commercial purpose or for the purpose of sale; under section 4; the Use of Volatile Substances B.E. 2533”. follows; date of its publication in the Government Gazette. date of its publication in the Government Government Gazette; NARCOTIC LAWS OF THAILAND who vacateofficemaybereappointed. need; the Ministerconsideredthattheycanbeusedorhavebeentosatisfyphysicalmental Emergency Decree. Emergency Decree; assistant secretary. Director ofNarcoticsControlDivisiontheFoodandDrugAdministrationshallbemember Secretary-General oftheFoodandDrugAdministrationshallbemembersecretary the minister,asmembers. representative andnotmorethanfivebutexceedsevenqualifiedmembersappointedby Control Boardorrepresentative,Secretary-GeneraloftheFoodandDrugAdministration General ofDepartmentMedicalSciencesorrepresentative,Secretary-GeneralNarcotics representative, Director-GeneralofDepartmentPublicWelfareorDirector- of MedicalServicesorrepresentative,Director-GeneralDepartmentProbation Director-General ofthePoliceDepartmentorrepresentative, Commerce, representativeofMinistryEducation,Industry, Permanent-Secretary ofMinistryPublicHealthasChairman,representative (3) 4 beinganinsolventperson; (4) beingremovedbytheCouncilofMinisters; (3) resignation; (2) death; (1) Section 7 3 repealedandreplacedby theActforAmendingEmergencyDecreeonControllingUseofVolatile Substances (3) Section 5 toprescribeotherrulesfortheexecutionofthisEmergencyDecree. (4) toprescribeinstitutionsfortreatmentofvolatilesubstanceaddict; (3) torepealormodifynames,categoriescontainingquantitiesofvolatilesubstances; (2) tospecifynames, categoriesandcontainingquantitiesofvolatilesubstanceswhich (1) Section 4 “Minister” meanstheMinisterhavingchargeandcontrolofexecutionthis “competent official”meansapersonappointedbytheMinisterforexecutionofthis “Committee” meansVolatileSubstanceControlCommittee; Section 6 The DeputySecretary-GeneraloftheFoodandDrugAdministrationassignedby B.E.2533, B.E.2542,section3. Anex-officiomembervacatesofficebeforetheendofterm upon: TheMinistershallhavethepowertonotifyinGovernmentGazette, Ex-officiomembersshallholdofficeforatermoftwo years, andmembers There shallbethe“VolatileSubstanceControlCommittee”,consisting 88 NARCOTIC LAWS OF THAILAND 89 Producer of volatile substances shall provide picture, sign or content on After prescribing the institutions for treatment of volatile substance addicts, The Committee may appoint a sub-committee to carry out any act under its The Committee may appoint a sub-committee The Committee shall have powers and duties to submit recommendations The Committee shall have powers and At a meeting of the Committee, the presence of not less than one-half of Committee, the presence of not less At a meeting of the Emergency Decree on Controlling the Use of Volatile Substances B.E.2535 (1990). Section 12 (4) Ministerial Regulation issued section 12 and section 13 is the Ministerial Regulation No.1 (B.E.2534) by virtue of (5) person; or quasi-incompetent being an incompetent (6) to a term of imprisonment with the being imprisoned by a final judgement (7) or licence for conducting medical services being suspended or revoked the as additional member shall is appointed to fill the vacancy or The member who Section 8 The decision shall be made by a majority of votes. The decision shall be made by a majority In case of an equality of votes, the Chairman Each member shall have one vote. Section 9 (1)4; to issue notification under section (2) treatment; to issue policy or measures for controlling of volatile substances or (3) substance addicts in to issue rules regarding treatment and restraint of volatile (4) Emergency Decree; to issue Ministerial Regulations under this (5) other matters as assigned by the Minister. Section 10 Section 11 Government The rules in paragraph one shall come into force after its publication in the (4) exception of an act committed by negligence or a petty offence; exception of an act medical treatment. term of other members. hold office for the remaining container or package of volatile substances for the purpose of warning the use of volatile container or package of volatile substances for the purpose of warning the total number of members of the Committee is required to constitute a quorum. If the Chairman members of the Committee is required the total number of the duty, the members present shall elect one among does not attend or cannot perform themselves to preside over the meeting. matters : and opinions to the Minister in the following section 8 shall apply to the meeting of sub-committee powers and duties as entrusted, and mutatis mutandis. shall have an additional vote as a casting vote. shall have an additional vote as a casting the institution for treatment; substance addicts the Minister shall issue rules regarding treatment and restraint of volatile therein. Gazette. NARCOTIC LAWS OF THAILAND a finenotexceedingtwentythousandBahtorboth. 12, section13or14shallbeliabletoimprisonment foratermnotexceedingtwoyearsor officials underthePenalCode. identification documentwhentherelevantpersonrequests so. render facilitiestothecompetentofficialsasmaybereasonable. substances andanyotherconcernedpersonsintheproducing,importingorsellingplaceshall the purposeofprosecution. volatile substance,containerorpackageofsubstanceanyrelevantdocumentsfor offence underthisEmergencyDecreehasbeencommitted,thecompetentofficialsmayseize of thisEmergencyDecreeandincasewherethereisareasonablegroundtobelievethatan selling orstoringplaceofvolatilesubstancesduringitsbusinesshourstoinspecttheexecution inhaling, smellingorbywhatevermeans. cause otherpersontousevolatilesubstancefortreatmentofbodilyormentalneedwhetherby need whetherbyinhaling,smellingorwhatevermeans. knows orshouldknowthatsuchpersonisavolatilesubstanceaddict. Regulation. substances accordingtorules,methodsandconditionsasprescribedintheMinisterial producer orimporterprovidesoncontainerpackageaccordingtosection1213. Regulation. substances accordingtorules,methodsandconditionsasprescribedintheMinisterial container orpackageofvolatilesubstancesforthepurposewarninguse years ofageexceptincasesalebyeducationalinstituteforthepurposeeducation. (5) Section 22 Section 21 Section 20 In carryingthedutiesunderparagraphone,producer,importerorsellerofvolatile Section 19 Section 18 Section 17 5 MinisterialRegulationissuedsection 12andsection13istheMinisterialRegulationNo.1(B.E.2534)byvirtueof (5) Section 15 Section 14 Section 13 Section 16 Emergency DecreeonControllingtheUse ofVolatileSubstancesB.E.2535(1990). No personshallsell,provideorgivevolatilesubstancetoawhomhe In performingduties,competentofficialsmayentertheproducing,importing, Any producer,importerorsellerofvolatilesubstancewho violatessection No personshallsellanyvolatilesubstancetoanotexceeding17 Volatile substancesforsaleshallhavepicture,signorcontentwhichthe No personshallinduce,instigateorusefraudulentdeceitfulmeansto No personshallusevolatilesubstancefortreatmentofbodilyormental Importer ofvolatilesubstancesshallprovidepicture,signorcontenton In carryingoutduties,thecompetentofficialsshall be thecompetent In performingtheduties,competentofficialsshall producethe 90 NARCOTIC LAWS OF THAILAND 91 Any person who violates Section 16 shall be liable to imprisonment Section 16 shall be liable to Any person who violates In the case where there is the seizure of volatile substances under In the case where there is the seizure In the case where the court proceeding has been instituted for volatile In the case where the court proceeding Any person who violates section 15 shall be liable to imprisonment for a liable to imprisonment 15 shall be who violates section Any person Any person who violates section 17 or section 18 shall be liable to violates section 17 or section 18 Any person who Any person who impedes or fails to render facilities to the competent impedes or fails to render facilities Any person who B.E.2533, B.E.2542, section 4. B.E.2542, section 5. B.E.2533, B.E.2542, section 6. (2000) Added by section 3 of the Emergency Decree on Controlling the Use of Volatile Substances (No.2) B.E.2543 (6) repealed and replaced by the Act for Amending Emergency Decree on Controlling the Use of Volatile Substances (7) added by the Act for Amending Emergency Decree on Controlling the Use of Volatile Substances B.E.2533, (8) repealed and replaced by the Act for Amending Emergency Decree on Controlling the Use of Volatile Substances (9)volatile Substances (No.2) B.E.2543 (2000). Added by section 3 of the Emergency decree on controlling the use of (10) Section 25 tri Section 25 Section 25 bis to be the owner under paragraph one can prove In the case where person who claims Section 23 Section 23 bis Section 24 (10) (9) (6) (7) (8) officials according to section 19 paragraph two shall be liable to imprisonment for a term not to section 19 paragraph two shall be officials according Baht or both. or a fine not exceeding one thousand exceeding one month the types categories or the containing quantities of substances and no contend about Instance has a decision or an order to seize the volatile volatile substances, if the court of First of other laws and, within the period of thirty days from substances under criminal law or by virtue is no offer that the the date of decision or the order to seize such volatile substances, there of Public Health or real owner does not connive at the commission of the offence, the Ministry in accordance with person entrusted by the Ministry of Public Health may destroy or utilize them the rules prescribed by the Ministry of Public Health. section 19 paragraph one or by virtue of other laws and no court proceeding has been instituted section 19 paragraph one or by virtue the inquiry by the prosecutor or on account of a on account of no offender and staying if within ninety days as from the date of the seizure, no non-prosecution order by the prosecutor, such volatile substances shall devolve on the Ministry of person claims to be the owner thereof, or utilized by the Ministry of Public Health or Public Health, then they may be destroyed rules prescribed by the Ministry of Public Health. person entrusted in accordance with the term not exceeding two years or a fine not exceeding twenty thousand Baht or both. twenty thousand or a fine not exceeding two years term not exceeding and does not connive at the commission of the offence, to the Committee that he is a real owner the volatile, substances to the owner, if, such volatile the committee shall order to return Competent official. substances are still in possession of the imprisonment of not exceeding two years or a fine not exceeding twenty thousand Baht or both. exceeding two years or a fine not exceeding imprisonment of not for a term not exceeding three years or a fine not exceeding thirty thousand Baht or both. three years or a fine not exceeding for a term not exceeding NARCOTIC LAWS OF THAILAND publication intheGovernmentGazette. Ministerial RegulationsandNotificationsfortheexecution ofthisAct. and controloftheexecutionthisActpower toappointcompetentofficials,issue increase thepunishmentbyonehalfoffor thelatteroffence. commits theoffenceundersection17againafterrecovering fromaddiction,thecourtshall is stillavolatilesubstanceaddict,itmaymakeanorderaccordingtosection28. a finenotexceedingtenthousandBahtorbothandifthecourtconsidersthatoffender from theinstitution,heshallbeliabletoimprisonmentforatermnotexceedingoneyearor age andisunderthetreatmentprocessininstitutionfortreatment.Ifsuchpersonescapes or confinement,asthecasemaybe. period oftreatmentintheinstitutionforshallbeincludedimprisonment given ajudgementinflictingthepunishmentofimprisonmentorconfinementinlieufine, in theinstitutionfortreatmentuntilendofprocess.Incasethatcourthas is avolatilesubstanceaddict,itmaymakeanordertotransfertheoffenderbetreated suspended, orinflictingthepunishmentoffineonly;ifcourtconsideredthatoffender suspended, orthepunishmentisdetermined,butinflictionoftobe imprisonment, orthatsuchpersonisguilty,butthedeterminationofpunishmenttobe under section11. proceed accordingtotherulesregardingtreatmentandrestraintofvolatilesubstanceaddicts from theinstitutionandcompetentofficialcanrearresthim,shall age andisunderthetreatmentprocessininstitutionfortreatment.Ifsuchpersonescapes the treatmentprocess. an ordertotransfertheoffenderbetreatedininstitutionfortreatmentuntilendof admonition tohisparents,guardianorpersonwhomtheoffenderliveswith; of age,heshallnotbepunishedundersection24,butthecourtmayproceedasfollows: Such MinisterialRegulationsandNotificationsshall comeintoforceupontheir Section 31 Section 30 Section 29 Section 28 Section 27 ifthecourtconsidersthatoffenderisavolatilesubstanceaddict,itshallmake (2) giveanadmonitionandreleasehim.Ifthecourtthinksfit,itmayalsogives (1) Section 26 If theoffenderundersection17andnotexceedingseventeen yearsofage, In casethatoffenderundersection17doesnotexceedseventeenyearsof In casethatoffenderundersection17doesnotexceedseventeenyears In casethatthecourthasgivenajudgementsentencingoffenderto The MinisterofPublicHealthandIndustry shall havecharge In casethattheoffenderundersection17exceedsseventeenyearsof 92 NARCOTIC LAWS OF THAILAND ) 3 ONO) 2 ONO) CH ) 2 3 3 ) 2 CH 2 CHCH 2 ) 3 CH COCH 2 3 ) 3 COO(CH CH 3 3 COOCH January B.E.2539 (1996). 3 th ) 3 CH 5 H 6 93 ) 5 H 2 ) ) 3 ) 3 2 OC 2 CH 2 quantities of volatile substances quantities of volatile OCH 2 CH 2 CH ) CH 2 CH(CH3) 3 2 Specifying names, categories and containing Specifying names, 3.1Ether or Acetic Ester (Acetic Acid Ethyl Ester, Ethyl Acetate or Acetic 4.1 Butyl Cellosolve or Ethylene Glycol Monobutyl Ether (2-Butoxyethanol, 2.3 Isobutyl Ketone or MIBK (2-Methyl-2- Isopropylacetone or Methyl 3.5 (Acetic Acid 1-Methylpropyl sec-Butyl Acetate or Acetic Acid sec-Butyl Ester 3.7 iso-Butyl Nitrite (Nitrous Acid Isobutyl Ester, (CH 2.2 or Ethyl Methyl Ketone (2-Butanone, Methyl Ethyl Ketone or MEK 2.1 CH Acetone or Dimethyl Ketone (2-Propanone, 4.2 Cellosolve or 2-Ethoxyethanol (Ethylene Glycol Monoethyl Ether, 4.3 Glycol Monomethyl Ether (2- Methyl Cellosolve or Ethylene 1.1 Toluene (Methylbenzene, C 3.3 Methyl Acetate (Methyl Acetate, CH 3.6(Nitrous Acid Butyl Ester, CH n-Butyl Nitrite 3.2 or Ethylene Glycol Monoethyl Ether Acetate (2-Ethoxy Cellosolve Acetate 3.4Acid Butyl Ester, CH n-Butyl Acetate (Acetic COOCH 3 ) ) 9 5 COCH 3 (3) Ester (4) Ether (2) Ketone (1) Hydrocarbon and Aromatic Hydrocarbon Aliphatic H H ) 4 2 3 ) 5 of Public Health and Ministry of Industry No. 14 (B.E. 2538)* and Ministry of Industry No. 14 of Public Health H OC OC Lists of Volatile Substances under the Notification of Ministry under the Notification Volatile Substances Lists of CH 2 2 2 2 COOCH (CH 3 * Published in the Government Gazette Vol.113, Part. 8 Ngor., dated 25 1.14 chemicals as follows: CH CH 2 2 COOC COCH 3 3 CH HOCH Pentanone, CH Ester, CH CH HOCH Methoxyethanol, HOCH ethyl Acetate, CH NARCOTIC LAWS OF THAILAND . materialsasfollows: 2.5 5 BlowingBalloon (5) NaturalOrganicAdhesives (4) SyntheticOrganicAdhesives (3) Lacquers (2) Thinners (1) 94 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 95 day of February B.E. 2495; day of February B.E. rd Year of the Present Reign. Year of the Present th B.E. 2495 (1952) —————————————— BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Commodities Control Act Control Commodities Being the 7 Given on the 23 This Act shall come into force as from the day following the date of its This Act shall come into force as from This Act is called the “Commodities Control Act, B.E. 2495”. This Act is called the “Commodities Control In this Act, The exercise of control as stated in Section 4 shall be specified by Royal If the prevailing conditions render it the most appropriate means of protecting His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that : Adulyadej is graciously pleased His Majesty King Bhumibol law on control of commodities for the sake of Whereas it is expedient to have the by and with the advice and consent of the Be it, therefore, enacted by the King, Section 1 Section 2 Section 3 and also includes articles as specified by “Commodities” means consumer goods, appointed by the Minister for the execution of this “Competent official” means a person proprietary right and ownership whatsoever “Dispose” includes the transfer of right, this Act. “Minister” means the Minister having charge and control of the execution of Section 4 Section 5 1. of commodities which a person will be able to have in his To limit the quantities 2. To limit the quantities of commodities which a person will be able to obtain; 3. To lay down regulations in trade, disposal, keeping in storage and whatsoever the public safety, the national economics and stability, the Government shall have the power to the public safety, the national economics and stability, the Government shall control commodities. public safety in accordance with the prevailing condition; public safety in accordance with the prevailing as follows; Assembly of the People’s -Representatives and shall be effective in the areas to be specified by publication in the Government Gazette Royal Decrees. Act; Ministerial Regulations issued under this Act; Act or Royal Decrees issued under this the case may be; Decrees for the following purposes; possession; all the trading places activities concerning commodities as well as the exercise of control over which sell commodities; NARCOTIC LAWS OF THAILAND Prime Minister Field MarshallP.Pibulsonggram Countersigned by Ministerial Regulationsandprescribeotheractivitiesforthe executionofthisAct. and controloftheexecutionthisActpowertoappointcompetentofficialsbyissuing II fromSection129to146,shallbeliabledoublepenaltyimposedforsuchoffence. competent officialwhoseactconstitutesanoffenceunderthePenalCode,BookII,PartI,Chapter shall bedouble. thousand bahtortoboth.Ifthatpersoncommitsanoffencehereunderagain,thepunishment liable toimprisonmentforatermofnotexceedingtenyearsorfinefifty Decrees issuedunderthisActhavebeenviolated. between sunriseandsunsetwherethereisareasonablegroundtosuspectthatRoyal competent officialshallhavethepowertosearchanydwellingorplacesinday-time Regulation. Decrees issuedunderthisActshallhaveidentificationcardsasprescribedbyMinisterial Ministerial Regulations. forth inSection4. disposal; (Published intheGovernmentGazetteVol.69,Part12, dated 26 Ministerial RegulationswhenpublishedintheGovernment Gazetteshallbeeffective. Section 11 Section 10 The commoditieswhichconstitutethecorpusdelictishallbeforfeited. Section 9 Section 8 Section 7 Section 6 Todeterminebusinessandothermethodfortheattainment oftheobjectivesset 8. Todeterminemethodsofcommoditiessharing; 7. Toprohibitdisposaloruseofcommodities; 6. Todeterminekind,quantitiesandtypeofcommoditieswhichwillbeallowedfor 5. Todeterminethetime,premiseandactivitiesindisposal ofcommodities; 4. For theexecutionofthisActandRoyalDecreesissuedunderAct, Any personwhoviolatesRoyalDecreesissuedunderthisActshallbe The competentofficialsinchargeoftheexecutionthisActorRoyal Kind andtypeofcommoditiestobecontrolledshallspecifiedby In theexecutionofthisActandRoyalDecreesissuedunderAct,any The MinisterofInteriorandtheCommerceshallhavecharge 96 th FebruaryB.E.2495) NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 116 NARCOTIC LAWS OF THAILAND September B.E.2534 (1991). th April B.E.2543 th 97 Day of September B.E. 2534; Day of September Year of the Present Reign. Year of the Present th th (2) B.E. 2534 (1991) BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Being the 46 Given on the 19 This Act shall come into force as from the day following the date of its This Act shall come into force as This Act is called the “Act on Measures for the Suppression of Offenders This Act is called the “Act on Measures In this Act, published in the Government Gazette Vol.117 Part 37 Ngor., dated 28 ACT ON MEASURES FOR THE SUPPRESSION OF SUPPRESSION FOR THE MEASURES ACT ON (2) Gazettee Vol.108, Part 170 Special Issue, 27 Published in the Government (1) Relating to Narcotics (No.2) B.E.2543 (2000) Added by Act on Measure for the Suppression of offenders in an Offence Section 3 This Act contains provisions relating to the restriction of rights and liberties of the people This Act contains provisions relating to by and with the advice and consent of the Be it, therefore, enacted by the King, Section 1 Section 2 law on narcotics, and narcotics under the law on “narcotics” means narcotics under the law on narcotics and the law on psychothropic “laws relating to narcotics” means the disposition “offence relating to narcotics” means the production, importation, exportation, or properties “properties connected with the commission of an offence” means money His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Adulyadej is graciously pleased His Majesty King Bhumibol on measures for the suppression of offenders in an Whereas it is expedient to have a law (1) OFFENDERS IN AN OFFENCE RELATING TO NARCOTICS, IN AN OFFENCE RELATING OFFENDERS in an Offence Relating to Narcotics, B.E. 2534”. in an Offence Relating to Narcotics, B.E. publication in the Government Gazette. which section 29 together with section 48 of the Constitution of the Kingdom of Thailand allow which section 29 together with section to be done by virtue of provisions of law; National Legislative Assembly, as follows; Ministerial Regulation; narcotics control, as prescribed in the substances; aiding and of or possession for disposition of narcotics, and shall also include conspiracy, abetting, assisting or attempting to commit such offence; shall include money obtained through the commission of an offence relating to narcotics, and offence relating to narcotics; NARCOTIC LAWS OF THAILAND this Act; persons; possession of,ortransferredtoapparentlyevidencedontheregisterasbelongingother the numberofsuchtransformationandwhetherornotmoneypropertieswillbein by causinginanymannerwhatsoevertotransformsuchmoneyorpropertiesirrespectiveof or propertieswhichareobtainedbymeansofusingsuchmoneytopurchase the GovernmentGazette. and RulesfortheexecutionofthisAct. this ActandshallhavethepowertoappointcompetentofficialsissueMinisterialRegulations Kingdom andhasnotbeenextraditedunderthelawon extradition; the jurisdictionofwhichoffenceiscommitted,if suchoffenderhasappearedinthe or theThaiGovernmentisinjuredperson; Thailand; or appears that: that theoffenceiscommittedoutsideKingdom,shallbepunishedinifit Section 4* “Minister” meanstheMinisterhavingchargeandcontrolofexecutionthisAct. “Office” meanstheofficeofNarcoticsControlBoard; “Secretary-General” meanstheSecretary-GeneralofNarcoticsControlBoard; “competent official”meansapersonappointedbytheMinisterforexecutionof “Fund” meanstheNarcoticsControlFund; “Member” meansamemberoftheCommittee,andshallincludeChairman; “Committee” meansthePropertiesExaminationCommittee; Such MinisterialRegulationsandRulesshallcomeintoforceupontheirpublicationin ReviredbytheActAmendingMinistry,Sub-ministry andDepartmentB.E.2545(2002),Section47,48,49Royal * Section 5 3 theoffenderisanalienandsuchactoffence underthelawofStatein (3) theoffenderisanalienandintendsitsconsequencetooccurwithinKingdom (2) theoffenderoranyaccompliceisaThaipersonhasplaceofresidencein (1) subministry andDepartmentB.E.2545(2002) Section87 Decree onTranferringtheAdministration DutyofGovernmentOrganizationaccordingtotheActAmendingMinistry, Any personwhocommitsanoffencerelatingtonarcotics,despitethefact The MinisterofJusticeshallhavechargeandcontroltheexecution General Provisions CHAPTER 1 98 NARCOTIC LAWS OF THAILAND 99 In an offence relating to narcotics, any person who does any of the following who does any of the any person relating to narcotics, In an offence Any person who attempts to commit an offence relating to narcotics shall Any person who attempts to commit Whenever two or more persons, with manifest intention, agree to commit an Whenever two or more persons, with manifest intention, agree to commit Any person who commits an offence relating to narcotics by wearing uniform provided that, section 10 of the Penal Code shall apply mutatis mutandis. the Penal Code shall section 10 of provided that, Section 6 (1) or at the time of such or assisting the offender before aiding and abetting (2) or any article for money or properties, conveyance, premises providing or giving (3) or hiding place in properties, meeting place, lodging providing or giving money or (4) the accepting money, properties or any other benefits from the offender for (5) hiding or taking away narcotics or any article used in the commission concealing, (6) of an suggesting or contacting other persons for the purpose of the commission or gives money or properties, lodging or hiding In the case where any person provides Section 7 Section 8 of the If an offence relating to narcotics has actually been committed on account Section 9 acts shall likewise be liable to the same penalty as a principal: acts shall likewise commission; for the commission thereof or commission of an offence, or for facilitating the purpose of the from being punished; preventing the offender or to help him from being arrested; order to assist or facilitate the offender or for facilitating the commission thereof or for purpose of the commission of an offence preventing the offender from being punished; of an offence in order to help the offender; offence. child, husband or wife from being arrested, the Court may place in order to help his father, mother, punishment than that provided by law for such offence at impose no punishment or impose less his discretion. likewise be liable to the same penalty imposed for such offence as the offender who has likewise be liable to the same penalty accomplished the offence. such offence, and offence relating to narcotics, every such person is said to conspire to commit a fine not exceeding shall be liable to imprisonment for a term not exceeding five years or to fifty thousand Baht or to both. conspiracy under paragraph one, every such conspirator shall be liable to the penalty imposed conspiracy under paragraph one, every such conspirator shall be liable to for such offence. or dressing in such a manner as to cause any person to believe that he is an official, government or dressing in such a manner as to cause any person to believe that he is an or official of a official, local government official, official of a State organization or State agency, penalty imposed for State enterprise shall be liable to additional penalty of one-half of the such offence. NARCOTIC LAWS OF THAILAND accordance withtherules,procedureandconditionsasprescribedinMinisterialRegulation. Secretary-General forinformation. section 8.Afterhavingexecutedsuchactasapproved,itshallbereportedforthwithtothe the arrestofoffenderorinformingoffencechargedundersection6 committee, theSecretary-GeneralandcompetentofficialsshallbeunderPenalCode. secretary. Secretary Generalshallbememberandsecretary. General ofRevenuesDepartmentandGovernorthe BankofThailandasmembers,and General oftheLegalExecutionDepartment,Director ofCustomsDepartment,Director Chairman, CommissionerofThaiRoyalPolice,Director GeneralofLandsDepartment,Director Permanent SecretaryoftheMinistryJusticeas Chairman, AttorneyGeneralasVice section 9,10or11shallnotexceedfiftyyears. liable totreblepenaltyimposedforsuchoffence. the PenalCodeinconnectionwithcommissionofanoffencerelatingtonarcoticsshallbe malfeasance inofficeorcommitsanoffenceofjudicialasprovided the lawsrelatingtonarcotics,official,orgovernmentofficialwhocommitsanoffenceof section 42shallbeliabletotreblepenaltyimposedforsuchoffence. State enterprisewhocommitsanoffencerelatingtonarcoticsortheunder official, localgovernmentofficialofaStateorganizationoragency, Provincial Council,memberoftheMunicipalCouncilorotherlocalassemblies,government laws relatingtonarcotics,official,memberoftheNationalLegislativeAssembly, (3) A requestforapproval,theapprovalandreportunderparagraphoneshallbein Section 14 3 Repealedandreplacedby theActonMeasureforSuppressionofOffendersinanOffenceRelating toNarcotics (3) The CommitteemayappointanygovernmentOfficial of theOfficetobeassistance Section 15 Section 13 Section 12 Section 11 Section 10 (No.2) B.E.2543,section3. Any Member,ormemberofthesub-committeeunderthisAct The approvaloftheSecretary-Generalshallbeobtainedpriortomaking There shallbethePropertiesExaminationCommittee, consistingofthe Any Member,ormemberofthesub-committeeunderthisAct The penaltyofimprisonmenttobeimposedupontheoffenderunder In theexecutionofthisAct,Members,memberssub- Properties ExaminationCommittee CHAPTER 2 100 NARCOTIC LAWS OF THAILAND 101 The committee may appoint a sub-committee to consider and submit In the case where there exists a reasonable ground to suspect that the At a meeting of the Committee, the presence of not less than two-thirds At a meeting of the Committee, the The committee shall have the following powers and duties: The committee shall In case where members under paragraph one, unless the Chairman, does not attend any the Chairman, paragraph one, unless members under In case where Section 16 (1) in respect of the issuance of recommendations to the Minister to submit (2) commission of an offence relating the properties connected with the to examine (3) to decide whether or not any properties of the alleged offender or other persons (4) to seize or attach the properties under section 22; (5) relating to the custody, sale by auction and utilization of the to issue the Rules of the sub-committee or the Secretary-General to The Committee may entrust a member Section 17 The Chairman shall preside over the meeting. In the case where the Chairman does The Chairman shall preside over the made by two-thirds of the votes of the members The decision of the meeting shall be Section 18 Section 19 In case of urgent necessity, the Secretary-General may issue a provisional order for In case of urgent necessity, the Secretary-General may issue a provisional meeting, he shall delegate his subordinate who holding the vice position or likewise or who is position or likewise holding the vice subordinate who he shall delegate his meeting, the Committee to attend that particular the performance of the duties of acknowledgeable on meeting. 22, section 23 and section 33; under section 14, section 21, section Ministerial Regulations to narcotics; commission of an offence relating to narcotics; are the properties connected with the relating to the Fund under section 37 and section 38. properties under section 24, and the Rules seize or attach the properties under (4), and then report examine the properties under (2) or to for its information. of the total number of members is required to constitute a quorum. of the total number of members is required not attend or is unable to perform his duty, the Vice-Chairman shall preside over the meeting. not attend or is unable to perform his or is unable to perform the duty, the members present If the Vice-Chairman does not attend preside over the meeting. shall elect one among themselves to present. Each member shall have one vote. of section 17 shall opinions on any matter or carry out any act as entrusted, and the provisions apply mutatis mutandis. the examination of the properties of the alleged offender, and then report to the Committee. the examination of the properties of the alleged offender, and then report to properties of any alleged offender are the properties connected with the commission of an properties of any alleged offender are the properties connected with the of the properties of offence relating to narcotics, the Committee shall order the examination such person. NARCOTIC LAWS OF THAILAND accordance withtherules,procedureandconditionsasprescribedinMinisterialRegulation. evidences totheCommitteeforrestitutionthereof. to betheownerofpropertiesmaysubmitanapplicationtogetherwithdocumentsand thereto. Forthispurpose,thepublicationshallbemadeinorderthatapersonwhomayclaim official toconducttheexaminationofpropertiesonitsorhisbehalf,andthenreport of section19paragraphtwoshallapplymutatismutandis. have thepowertoorderexaminationofpropertiessuchpersons,andprovisions connected withthecommissionofanoffencerelatingtonarcotics,Committeeshallalso have gratuitouslyobtainedthemorknowinglythattheyaretheproperties properties connectedwiththecommissionofanoffencerelatingtonarcotics,andsuchpersons if thereareevidencestobelievethatthepropertiesofotherpersonsallegedoffender’s paragraph one. deemed thattheseizureor attachment underparagraphtwoistheseizureor under properties shallbereturnedtosuchperson.If person isunabletoprove,itshallbe who claimstobetheownerofpropertiesisable toproveunderparagraphone,the arrangement fortheproofunderparagraphone.In case wheretheexamineeorperson paragraph twoshallapplymutatismutandis. back forutilizationwithorwithoutbailandsecurity, andtheprovisionsofsection19 from submittinganapplicationforstayingtheexecutionof theorderintotakeproperty examinee orthepersonwhoclaimstobeownerof thepropertiesshallnotbeprevented attaching suchpropertiesuntilthedecisionundersection16(3)ismade:providedthat, and necessities,theCommitteeshallhavepowertoissueaprovisionalorderseizingor that anypropertiesmaybetransferred,removed,concealed,orthereexistsotherreasons a finaljudgmentdismissingthecharge. longer thanoneyearasformthedateofsuchseizureorattachmentuntilpassing attaching suchpropertiesuntiltheissuanceoffinalnon-prosecutionorderwhichshallbeno them onaccountofgoodmoralorpubliccharity,theCommitteeshallissueanorderseizing accepted thetransferofsuchpropertiesingoodfaithandforvalue,orhasreasonablyacquired examined arenotconnectedwiththecommissionofanoffencerelatingtonarcotics,orhehas be theownerofpropertiescannotadduceevidencestoprovethatso Section 22 The examinationofthepropertiesandpublicationunderparagraphoneshallbein Section 21 Section 20 After suchprovisionalseizureorattachment,theCommittee shallforthwithmakean For thepurposeofexaminingproperties,ifthereisareasonablegroundtobelieve In examiningtheproperties,ifexamineeorpersonwhoclaimsto In conductingtheexaminationofpropertiesallegedoffender, The CommitteeortheSecretary-Generalmayentrustcompetent 102 NARCOTIC LAWS OF THAILAND 103 The keeping in custody of the properties seized or attached by the order The keeping in custody of the properties When the Committee or the Secretary-General, as the case may be, has When the Committee or the Secretary-General, In the case where the properties under paragraph one are unsuitable for keeping in In the case where the properties under shall be in A sale by auction or the utilization of the properties under paragraph two paragraph If it appears thereafter that the properties utilized for official purposes under The submission of an application for staying the execution of the order under the execution for staying of an application The submission include: this section, the word “properties” shall For the purpose of (1) the fruits of such transformed, claims, benefits and properties which have been (2)offender; paid by the third person to the alleged debts due to be (3) offence connected with the commission of an the alleged offender’s properties Section 23 and the assessment of the value thereof The seizure or attachment of the properties, shall apply mutatis mutandis. provided that, the Civil Procedure Code Section 24 of the Committee shall be in accordance with the Rules prescribed by the Committee. of the Committee shall be in accordance of such properties will be more burdensome to the official custody, or if the keeping in custody may issue an service than the utilization thereof for other purposes, the Secretary-General purposes, and order for a sale by auction or for the utilization of such properties for official then report to the Committee for information. of the Ministry of accordance with the Rules prescribed by the Committee with the approval Finance. relating to narcotics, two are not the properties connected with the commission of an offence the compensation such properties shall be returned to their owners or possessors together with determined by the and the depreciation value which shall be paid from the Fund in an amount as assessed Committee. If the restitution of the properties is impossible, the price of the properties paragraph two shall be in accordance with the rules, procedure and conditions as prescribed and conditions as rules, procedure with the two shall be in accordance paragraph in the Ministerial Regulation. properties; disposed of, transferred or removed which have been obtained, sold, relating to narcotics the issuance of the seizure or attachment order and within the period of ten years before can prove to the satisfaction of the Committee thereafter, unless the transferee or beneficiary made in good faith and for value. that such transfer or such act has been any properties, the designated competent official already issued an order seizing or attaching attachment order and assess the value of such properties, shall forthwith execute the seizure or and then report for its or his information. procedure and conditions as prescribed in the Ministerial shall be in accordance with the rules, Regulation; NARCOTIC LAWS OF THAILAND damage toanyperson,thepersondoingsuchactisnot personallyliabletopaycompensation. shall producetheinstrumentofauthorizationtopersonconcernedeachtime. entrust thecompetentofficialtoactonhisbehalf,andthenreporthim. removed, theentrymaybemadeduringnighttime. reasonable groundtobelievethatifapromptactionisnottaken,thepropertiesarelikelybe of searchingorexamining,seizingattachingtheproperties.Incasewherethereisa to narcoticsiscommittedorthepropertiesundersection22arehiddentherein,forpurposes premises orconveyancewherethereisareasonablegroundtosuspectthatanoffencerelating the examinationbybanks,SecuritiesExchangeandfinancialinstitutions; document orevidenceforexaminationsupplementingtheconsiderationwhichalsoincludes concerned togivehisstatementsorexplanationsinwriting,submitanyaccount, or supplementingtheconsideration; or giveexplanationsinwriting,tosubmitanyaccount,documentevidenceforexamination Government agency,Stateorganization,agencyorenterprisetogivehisstatements Secretary-General shallhavethefollowingpowers: of propertiesunderthisact,theMembers,memberssub-committeeand four shallbeinaccordancewiththeRulesprescribedbyCommittee. reimbursed. on thedateofseizureorattachmentasreceivedatauction,casemaybe,shallbe reasonable groundtoidentifiedthathedoesnotfilethe motion beforetheCourtofFirstInstance at anytimebeforetheCourtofFirstInstancepasses the judgment.Incasewherethereisa with theCourttoorderforfeiturethereof.Themotion may befiledtogetherwiththechargeor with thecommissionofanoffencerelatingtonarcotics, the PublicProsecutorshallfileamotion seized orattachedbytheorderofCommitteeunder section 22arethepropertiesconnected (4) Section 26 In theperformanceofduty,competentofficialentrustedunderparagraphtwo In thecaseunder(3),ChairmanofCommitteeorSecretary-Generalmay toenter,duringdaytimeandbetweensunrise sunset,anydwellingplace, (3) toissuealetterofinquiryrequestingoranorderrequiring anyperson (2) toissuealetterofinquiryrequestingoranorderrequiringofficial (1) Section 25 The assessmentofthecompensationanddepreciationvalueunderparagraph 4 Repealedandreplacedby theActonMeasureforSuppressionofOffendersinanOffenceRelating toNarcotics (4) Section 27 (No.2) B.E.2543,section4. Ifalawfulseizureorattachmentofpropertiesundersection22causes For thepurposesofconsideration,examination,seizureorattachment When thePublicProsecutorhasissuedaprosecution and theproperties 104 NARCOTIC LAWS OF THAILAND 105 When the Court have an order to accepted the motion of Public have an order to accepted the motion When the Court All the instrument, equipment, conveyances, machines or any other The Court shall conduct a trial in respect of all the properties which the The Court shall conduct a trial in respect Narcotics (No.2) B.E.2543, section 4. Narcotics (No.2) B.E.2543, section 5. Section 30 (5) to Repealed and replaced by the Act on Measure for the Suppression of Offenders in an Offence Relating (6) to Repealed and replaced by the Act on Measure for the Suppression of Offenders in an Offence Relating Section 28 In case where it appears that there are additional properties connected with the appears that there are additional properties In case where it The Cost on publication and inform shall be paid from the Fund. The Cost on publication and inform shall Section 29 (1) not connected with the commission he is the true owner and the properties are (2)good he is the transferee or the beneficiary, and has acquired the properties in or the For the purpose of this section, if there is an evidence showing that the accused (6) (5) properties used in the commission of an offence relating to narcotics or used as accessories for properties used in the commission of an offence relating to narcotics or used commission of an offence relating to narcotics, a motion requesting the Court to issue the offence relating to narcotics, a motion commission of an one year from the date that the Court such properties shall be filed within forfeiture order against there is the final judgment of acquit. of First Instance, unless passes the judgment, he shall be filed the motion within one years from the date that the Court from the date that within one years be filed the motion judgment, he shall passes the of acquit. is the final judgment judgment, unless there passed the of First Instance Prosecutor under section 27, the Court shall be published in a newspaper which is widely section 27, the Court shall be published Prosecutor under in order that any person who may for at least two consecutive days distributed in the locality may file the motion to entry into the case before the claim to be the owners of the properties an evidence showing that any person may claim to be the case becomes final. In case there is General shall give a written notice to that person to owner of the properties, the Secretary through an A/V registered post to the most recent exercise such his right, it shall be given on evidence in the inquiry record. address of such person as appeared under section 27 paragraph one. If there is a prima facie Public Prosecutor has filed the motion with the commission of an offence relating to case that they are the properties connected forfeiting the properties, unless the person who claims narcotics, the Court shall issue an order submits an application for the restitution thereof before to be the owner of such properties the Court that: the case becomes final and proves to of an offence relating to narcotics; or or public charity. faith and for value or has reasonably acquired them on account of good moral relating to narcotics, examinee is involved or used to involve in the commission of an offence by him beyond his it shall be presumed that all money or properties possessed or acquired in good faith are the status or his capability of engaging in his occupation or other activities properties connected with the commission of an offence relating to narcotics. NARCOTIC LAWS OF THAILAND by theallegedoffenderor accusedshalldevolveontheFund.Ifcriminal prosecution not bearrested,thepropertiesseizedorattachedonaccount ofthecommissionoffence from thedateofcommissionanoffenceand allegedoffenderortheaccusedcan the propertiesshalldevolveonFund. from thedateoffinalnon-prosecutionorderor finaljudgmentdismissingthecharge, which isnotknown,ifnopersonmakesanapplication fortheirrestitutionwithinoneyearas on accountofthecommissionanoffencebyalleged offenderortheaccused,ownerof alleged offenderoftheaccusedshallterminate.Withrespect tothepropertiesseizedorattached seized orattachedonaccountoftheirconnectionwiththecommissionoffenceby seizure orattachmentofhispropertiesincludingtheotherpersonswhichhavebeen is afinaljudgmentdismissingthechargeagainstanyallegedoffenderoraccused, apply. newspaper underparagraphtwo,andinthiscasethesection36ofPenalCodeshallnot properties whenterminatedthirtydaysfromthedaythatisdatepublishedindaily of thecommissionorpossessedforuseincommission,Courtshallbeforfeitedsuch properties touseinthecommissionorusedasaccessoriesforproducingconsequence reasonable groundtosuspectthatthereshallhadthecommissionandtooksuch but theownerdoesnotproofthathehavenoopportunitytoacknowledgeor the CourtofFirstInstancepassesjudgmentororderincasewhereitappearsowner such caseshallappearedthepersonwhomayclaimtobeownerofproperties. Court ofFirstInstancepassedjudgmenttoorder,allthisisdueirrespectivewhetherornot claim tobetheownersofpropertiesmayfilemotionentryintocasebefore distributed inthelocalityforatleasttwoconsecutivedaysorderthatanypersonwhomay order toacceptthatmotiontheCourtshallpublishinnewspaperwhichiswidely issue anorderforfeitingthepropertiesunderparagraphone.AndafterCourt whether ornotanypersonisconvictedbythejudgment. for useinthecommissionofanoffencerelatingtonarcoticsshallbeforfeited,irrespective producing theconsequenceofcommissionanoffencerelatingtonarcoticsorprocessed section 30shalldevolveontheFund. In thecasewherecriminalprosecutioncannotbe institutedwithintwoyearsas Section 31 In casewherethereisnoanypersonclaimtobetheownerofpropertiesbefore The CostonpublicationshallbepaidfromtheFund. The PublicProsecutorshallfileamotionwiththeCourtthathearingsuchcaseto Section 32 Inthecasewherethereisafinalnon-prosecutionorderor ThepropertiesforfeitedbytheorderofCourtundersection29and 106 NARCOTIC LAWS OF THAILAND 107 CHAPTER 3 Narcotics Control Fund Within six months as from the last day of the calendar year, the The Fund under section 35 shall belong to the office without being The Fund under section 35 shall The investment, management and disposal of properties of the Fund The receipt, payment and the keeping of money of the Fund shall be in There shall be established a Narcotics Control Fund in the Office for the There shall be established a Narcotics The Fund under section 34 shall consist of the following properties: The Fund under section 34 shall consist The application for the restitution of properties shall be submitted together the restitution of properties shall be The application for Section 34 Section 35 (1) devolved on the Fund under section 31 and section 32; the properties (2) the properties donated by other persons; (3) the Government subsidies; (4) properties under (1), (2) and (3). the benefits arising from the Section 36 Section 37 Section 33 of the restitution thereof the restitution of properties and the making The application for Section 38 Section 39 purpose of narcotics control. remitted as State revenue. with documents and evidences to the Committee. with documents and procedure and conditions prescribed in the Ministerial shall be in accordance with the rules, Regulation. cannot continue owing to the death of any alleged offender or accused, the properties shall accused, the properties offender or death of any alleged owing to the cannot continue can prove his death, his heirs as from the date of within two years the Fund, unless, devolve on of an offence relating to narcotics or the not connected with the commission that the properties are in good faith and for value or had the accused had acquired such properties alleged offender or be public charity, such properties shall them on account of good moral or reasonably acquired returned to his heirs. accordance with the Rules prescribed by the Committee with the approval of the Ministry of accordance with the Rules prescribed by the Committee with the approval Finance. shall be in accordance with the Rules prescribed by the Committee with the approval of the shall be in accordance with the Rules prescribed by the Committee with Ministry of Finance. Secretary-General shall submit to the Minister for resubmitting to the Council of Ministers Secretary-General shall submit to the Minister for resubmitting to the of the Fund in the the balance-sheet and the report on the receipt and payment of the money Auditor-General of foregoing year which have been audited and certified by the office of the Thailand. NARCOTIC LAWS OF THAILAND Office oftheCouncilState (Pornthip Jala) J. Pornthip Certified correcttranslation Prime Minister Anand Panyarachun Countersigned by: years ortoafinenotexceedingthirtythousandBahtboth. be seizedorattachedunderthisActshallliabletoimprisonmentforatermnotexceedingthree which aresubjecttotheseizureorattachmentorderpropertiesheknowsthattheywill damages, destroys,causesthelossoforrendersuseless,unlawfullyreceivesproperties or inaccordancewiththelaw. exceeding tenthousandBahtortoboth,unlesshedoessuchactintheperformanceofhisduties such secretshallbeliabletoimprisonmentforatermnotexceedingsixmonthsorfine execution ofthisActdoesanactinanymannercausingotherpersonstoknoworlikely months ortoafinenotexceedingtenthousandBahtboth. provide facilitiesundersection25(3)shallbeliabletoimprisonmentforatermnotexceedingsix or submitaccounts,documentsevidencesundersection25(2),whoobstructsdoesnot Ministers maypassaresolutionremittinganysumthereofasStaterevenue. is solargethat,afteritsutilizationunderobjectives,thesurplusstillenormous,Councilof Section 42 Section 41 Section 40 In thecasewhereCouncilofMinistersisopinionthatamountFund Any personwhodoesnotgivehisstatementsorexplanationsinwriting Any personwhoknowsorislikelytoknowanofficialsecretrelatingthe Any personwho,inanymanner,removes,conceals,makesawaywith, CHAPTER 4 Penalties 108 NARCOTIC LAWS OF THAILAND 109 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 111 year of the Present Reign. year of the Present th B.E. 2545 (2002) BHUMIBOL ADULYADEJ, REX. BHUMIBOL ADULYADEJ, Being the 57 Given on the 27 day of September B.E. 2545 (2002); Given on the 27 day This Act shall come into force as from the day following the date of its This Act shall come into force as from The Narcotic Addiction Rehabilitation Act B.E. 2534 shall be repealed. The Narcotic Addiction Rehabilitation The Minister of Justice shall have charge and control of the execution of this This Act is called the “Narcotic Addict Rehabilitation Act B.E. 2545.” This Act is called the “Narcotic Addict In this Act, NARCOTICS ADDICT REHABILITATION ACT REHABILITATION ADDICT NARCOTICS His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Adulyadej is graciously pleased His Majesty King Bhumibol rehabilitation; to adjust a law on narcotic addict Whereas it is expedient the restriction of rights and liberties of the people This Act contains provisions relating to Section 1 Section 2 Section 3 Section 4 the law on narcotics and narcotics under the law “narcotics” means the narcotics under narcotics and being in the state of narcotic “narcotic addict” means habitually consuming treatment of narcotic addiction and for the “rehabilitation” means any act for the “Committee” means the Narcotic Addict Rehabilitation Committee; appointed by “competent official” means the Director of rehabilitation centre or a person this Act. “Minister” means the Minister having charge and control of the execution of Section 5 upon their Such Ministerial Regulations and Notifications shall come into force which section 29 together with section 31 section 35 section 237 and 238 of the Constitution which section 29 together with section done by virtue of provisions of law; of the Kingdom of Thailand allow to be except that when and in what locality the provisions publication in the Government Gazette, be notified by the Minister in the Government Gazette, of Chapter 3 shall come into force shall within the period not exceeding one year as from the date but all this is due to come into force that this Act come into forced. on narcotics control; of being identified on a technical basis; dependence whereby such state is capable to cure of the rehabilitation of the physical and mental conditions of a narcotic addict including physical and mental conditions of a narcotic addict to return to the normal state; the Minister for the execution of this Act; Regulations Act and shall have the power to appoint competent official and issue Ministerial and Notifications for the execution of this Act. publication in the Government Gazette. NARCOTIC LAWS OF THAILAND for rehabilitationtotheinquiry officialorprosecutor; consumption ornarcoticaddiction,rehabilitationandthe transferenceofthepersonscommitted identification, rehabilitationordetention; sub-committee ofNarcoticAddictRehabilitationundersection 13; centre undersection14and16; issuance ofMinisterialRegulationsfortheexecutionthisAct; exceeding twopersonstobeassistancesecretary. Department ofProbationasmemberandsecretary. and havedirectexperienceinworkingwithnarcoticaddictDirectorGeneralofthe representative ofPrivateIndividualOrganizationwhoperformonpreventionorrehabilitation appointed bytheMinister,wherebynotlessthantwoofthisnumbermembersshallbe Drug AdministrationBoardasmembersandnotmorethanfourotherex-officio Mental Health,Secretary-GeneralofNarcoticsControlBoard,Foodand General oftheDepartmentMedicalScienceServices,Director-General Department ofSkillDevelopment,Director-GeneraltheCorrections,Director- Disease Control,Director-GeneraloftheDepartmentPublicWelfare, Direct-General oftheDepartmentMedicalServices,Director-General Provicial Administration,Director-GeneraloftheDepartmentCommunityDevelopment, Director-General oftheDepartmentEmployment, Police CommissionerGeneral,Attorney-General,Secretary-GeneralofOfficeJudiciary, Ministry ofEducation,Permanent-SecretarythePublicHealth,SupremeCommander, Permanent-Secretary oftheMinistryJusticeasChairman, 6 toissuerulesprescribingtheandprocedureonidentification of (6) tosubmitcommendationstheMinisterinrequirementoflocality for (5) toissuerulesprescribingtheand procedureintheconsiderationof (4) toappointanddismissthesub-committeeofNarcotic AddictRehabilitation; (3) tosubmitrecommendationstheMinisterinNotificationsrelatedrehabilitation (2) tosubmitrecommendationstheMinisterinrespectof (1) Section 7 The CommitteemayappointagovernmentofficialoftheDepartmentProbationnot Section 6 TheCommitteeshallhavethefollowingpowersandduties: ThereshallbeaNarcoticAddictRehabilitationCommittee,consistingofthe Narcotic AddictRehabilitationCommittee CHAPTER 1 112 NARCOTIC LAWS OF THAILAND 113 for the execution of this Act; A member appointed by Ministry vacates office before the expiration of the A member appointed by Ministry vacates A member appointed by the Minister shall hold office for a term of two years. A member appointed by the Minister issue rules prescribing the rules in the reduction and extension of the issue rules prescribing the rules issue rules prescribing the rules and procedure on reporting the result issue rules prescribing the rules and issue rules prescribing the rules in the consideration of the infliction of issue rules prescribing the rules in prescribe the rules relating to the visit and communication with persons relating to the visit and communication prescribe the rules consider the other matters as the Minister entrusted and to perform other consider the other matters as the (7) of the alleged and the transference to the detention the rules relating to prescribe (8)procedure and conditions in the issue the rules prescribing the rules, to (9) the rules and conditions in the examination to issue the rules prescribing (10)of sub-committee appeal of the decision or order to consider and decision the (11) to (12) to (13) to (14) to (15) the other rules to prescribe (16) to Section 8 Section 9 (1) death; (2) resignation; (3) removed by the Minister being (4) a person of unsound mind or mental infirmity; being (5) being a person of bankruptcy; (6) being imprisoned by a final judgement. the Ministry In the case where member vacates office before the expiration of this term, the member In the case where there is an appointment of member during the term of offenders during the identification or rehabilitation; during the identification offenders grant provision release; consideration of the for provision release; of rehabilitation of the persons granted and follow-up the result under section 38; of Narcotic Addict Rehabilitation committed for identification or rehabilitation during the identification or rehabilitation; committed for identification or rehabilitation duration of the rehabilitation; An outgoing member may be re-appointed. of the rehabilitation to the Committee and the procedure on reporting the result of the of the rehabilitation to the Committee rehabilitation to the inquiry official or prosecutor; identification including the result of the of the Committee that prescribed by law. acts according to the powers and duties may appoint other person to replace him. or appointment of already appointed, whether it is an appointment of an additional member the punishment for the persons violated or failed to comply under the rule, conditions and the punishment for the persons violated regulations under section 32; term upon: NARCOTIC LAWS OF THAILAND entrusted, andsection910shallapplymutatismutandis. Rehabilitation mutatismutandis. narcotics whichoccurredinaccordancewiththatarea. many, theCommitteeshallconsidertoappointinregardingamountofcasesrelating other medicaldoctorwhoisappropriate. from thepsychiatrydoctor,ifmaynotappointeddoctoritshallappoint member andonerepresentativeoftheDepartmentProbationassecretary. from thepersonswhohavequalificationaccordingtoprescribedinMinisterialRegulationas medical doctor,onepsychologist,socialworkerandnotexceedingtwomembersappointed Ministry ofJusticeastheChairmansub-committeeNarcoticAddictRehabilitation,one Addict Rehabilitationinthelocalitieswhereappropriate,consistingofrepresentative including toconsiderreduce orextendthedurationofrehabilitation; or committedforrehabilitationfromacentre toanotherrehabilitationcentre, or rehabilitationfortheexecutionaccordancewithrules prescribed bytheCommittee. consumer oranaddictionnot; following powersandduties: term ofthemembersalreadyappointed. the persontoreplaceoutgoingmember,appointeeshallholdofficeforremaining vote asthecastingvote. In caseofanequallyvotes,thepersonpresidingovermeetingshallhaveadditional preside overit. meeting orisunabletoperformhisduty,thememberspresentshallelectonemember Committee shallpresideoverthemeeting.IncasewhereChairmanisnotpresentat of thetotalnumbermembersisrequiredtoconstituteaquorum.TheChairman Section 12 Section 13 The section9and10shallapplytothesub-committeeofNarcoticAddict The numberofsub-committeeNarcoticAddictRehabilitationwouldbehadhow The medicaldoctoraccordingtotheparagraphoneshallbeconsideredappoint 3 toconsiderthetransferofpersonscommitted fornarcoticsdependencetreatment (3) tofollow-upandsupervisethedetentionofallegedoffenderduringidentification (2) toconsiderdecide whetherthepersonscommittedforidentificationisa (1) Section 10 Section 11 The decisionofthemeetingshallbemajorityvotes.Eachmemberhaveonevote. TheCommitteemayappointedasub-committeetocarryoutanyactas AtameetingoftheCommittee,presencenotlessthanone-half TheCommitteeshallconsidertoappointasub-committeeofNarcotic Thesub-committeeofNarcoticAddictRehabilitation shallhavethe 114 NARCOTIC LAWS OF THAILAND 115 as entrusted by the Committee. CHAPTER 2 The Notification establishing a rehabilitation centre shall have the For the purpose of rehabilitation, the Minister shall have the power to For the purpose of rehabilitation, the Localities for Identification and Rehabilitation Localities for Identification and In the case where there is the reasonable ground, the Minister may notify in Section 14 A rehabilitation centre shall be an institution for treatment under the Penal Code. A rehabilitation centre shall be an institution the Department of Probation of Ministry of Justice. A rehabilitation centre shall be a unit of Section 15 (4) for identification person committed release of the to grant provision to consider (5)rehabilitation to the Committee, result of identification or the result of to inform the (6) charged to for the alleged offender who was to consider the rehabilitation plan (7) for the rehabilitation of the persons committed to follow-up and supervise (8)result of rehabilitation under section 33; to consider the (9) of the identification to submit the recommendations to the Committee in respect (10) under the laws required for the powers and duties of the to perform other acts (11) other matters to consider Rules and procedures in the consideration under section (1) (3) (6) and (8) shall be in Rules and procedures in the consideration (1) prescribing the exact territorial jurisdiction of the rehabilitation centre with the (2) prescribing the localities falling within the territorial jurisdiction of the rehabilitation Section 16 under the The modification of the territorial jurisdiction of the rehabilitation centre establish and dissolve rehabilitation centres by notifying in the Government Gazette. establish and dissolve rehabilitation centres or the person committed for rehabilitation; committed for or the person in case depend upon. inquiry official or prosecutor, that required under section 19; committed the offences with rehabilitation plan. its territorial jurisdiction which in accordance rehabilitation within procedure and rehabilitation procedure; sub-committee of Narcotic Addict Rehabilitation; accordance with the regulation prescribed by the Committee. accordance with the regulation prescribed following particulars: map specifying such territory attached to the Notification; centre under (1). centre under the Government Gazette modifying the territorial jurisdiction of the rehabilitation rehabilitation centre section 15 (1) or modifying the localities falling within the territorial of the under section 15 (2). NARCOTIC LAWS OF THAILAND Rehabilitation Centreundersection17whichsuitabilityforsuchlocalities. the supervisorsofsuchlocalitieshaveanypowersanddutieslikewiseDirector this case,thesub-committeeofNarcoticAddictRehabilitationshallhavepowertorequire locality foridentification,rehabilitationordetentionwhereoutofthecentre.In and youthobligationprotection,theinstitutionofgovernmentorotherinstitutionstobe notify intheGovernmentGazetterequiringinstitutionfortreatment,child Narcotic AddictRehabilitation. Narcotic AddictRehabilitation; identification, includingtheresultofrehabilitationtobesubmittedsub-committee with therulesprescribed; with variousrules,conditionsandregulations; rehabilitation duringtheidentificationorandsupervisesuchpersonstocomply rehabilitation whereadmittedundersection19; having thefollowingpowersandduties: Centre asthesuperiorofficialresponsibleforperformanceofdutiesthereofand one isrequiredtobeattachedtheNotification. paragraph one,itsshallhaveamapclearlyspecifyingtheoriginalterritoryandmodified for otheroffenceswhichpunishable withimprisonmentortobeimprisonedbyjudgement of the MinisterialRegulation,if he doesnotappeartobetheallegedoffenderor prosecuted consume anddisposethenarcoticswhichcharacter,type, categoryandquantityprescribedin possession thenarcotics,consumeandhavein fortheproposeofdisposalor Section 18 toperformotherdutiesasentrustedbytheCommitteeorsub-committeeof (7) toissueregulationsoftherehabilitationcentreforexecutionthisAct; (6) toprepareareportontheresultofconsumption orthenarcoticaddiction (5) tofollowuptheresultofrehabilitationpersonsgrantedprovisionalrelease; (4) tocarryoutthe rehabilitationofthepersonscommittedthereforinaccordance (3) todetainthepersonscommittedfor identification orthepersonscommittedfor (2) toidentifytheconsumptionornarcoticaddictionofpersonscommittedfor (1) Section 17 Section 19 Any personwhoisallegedtoconsumethenarcotics, andhavein In thecasewhereitisappropriate,Ministershallhavepowerto Each rehabilitationcentreshallhaveoneDirectoroftheRehabilitation CHAPTER 3 Rehabilitation 116 NARCOTIC LAWS OF THAILAND 117 The person who appear to be alleged offender, if appear to any alleged The person who appear to be alleged If the alleged offender has not yet completed eighteen years old of age, in the has not yet completed eighteen If the alleged offender or narcotic addiction, the court shall The transference for identify of consumption and the rehabilitation, shall continue the The inquiry official, during the identification the alleged offender was detained under The inquiry official or prosecutor, during Section 20 during of The localities where accepted the alleged offender for identify or rehabilitate, proceeding under paragraph one. The inquiry official shall transfer the alleged offender to shall transfer the alleged offender paragraph one. The inquiry official proceeding under within twenty four hours from the to issue the court order to identify the court for the court to the office of the inquiry official. time when such alleged offender came to detained for identify at the rehabilitation centre, consider to transfer the alleged offender or the detention that prescribed in the Ministerial the locality of identification, rehabilitation into consideration together with the age, gender and the Notification. The court, when taken the sub-committee of Narcotic Addict Rehabilitation to individual specific character, shall inform acknowledge. the inquiry official shall consign such inquired inquiry proceeding and when has inquired, transfer alleged offender together and inform to his record to the prosecutor without the was detained at the rehabilitation centre, the locality for acknowledge that the alleged offender at anywhere. identification, rehabilitation or detention or posting the prosecution under the law. this Act, shall not carry out the committal purpose of himself offender who consume narcotics, before, at the time or after arrested for the account of consume shall receive the transfer for rehabilitation and not to be prosecuted on the of disposal or and have in possession, consume and have in possession for the purpose rehabilitation under consume and dispose the narcotics, shall not have the right to receive the the inquiry official this Act. The sub-committee of Narcotic Addict Rehabilitation shall inform to continue the or prosecutor, in case of depend upon, to receive such alleged offender proceeding accordance with the law. the alleged offender waiting the inquiry official or prosecutor, in case of depend upon, to receive alleged offender, to continue the proceeding, shall have the power, in necessary, to detain such come to receive all this is due to the inquiry official or prosecutor, in case depend upon, shall the alleged offender immediately where able to be done. court. The inquiry official shall transfer the alleged offender to the court within forty eight hours court within forty offender to the transfer the alleged inquiry official shall court. The the court to inquiry official for to the office of the offender came when such alleged from the time of offender for the identification the court order to transfer such alleged consider and issue is a crisis cause or other necessary or narcotic addiction, except there narcotics consumption of circumstance which can not alleged offender or from the changing cause risen from such as above mentioned. offender to the court within the time transfer the alleged NARCOTIC LAWS OF THAILAND prescribed byCommittee. thirty days. committee ofNarcoticAddictRehabilitationmayissueordertoextentthattimenotexceeding alleged offenderintothelocalityforidentify,exceptthereisanecessarycause,sub- consumption ornarcoticsaddiction. circumstances oftheallegedoffenderwhocommittedforidentification,andidentify to preparetherecordonbiography,behaviorcommittedoffencesthroughoutall of theallegedoffenderundersection19,shallconducttocomplycompetentofficial a rehabilitationcentreor the localityofrehabilitationwhichprescribedin Ministerial alleged offender. behavior oncommittedtheoffencerelatedtonarcotics throughoutallcircumstancesofsuch for rehabilitation,whentakingintoconsiderationtogether withtheage,gender,biography, locality andprocedureforrehabilitationthatsuitablewith thestateofpersoncommitted apply mutatismutandis. prosecutor tocontinuetheproceeding,provision ofsection20paragraphtwoshall under thelaw. identification totheinquiryofficialorprosecutorconsidercontinueproceeding narcotic addict,thesub-committeeofNarcoticAddictRehabilitationshallreportresult to thesub-committeeofNarcoticAddictRehabilitationacknowledge. rehabilitation underthisAct.Theprosecutorshallcontinuetheproceedingandinformresult the informofresultidentificationunderparagraphonehavenorighttoadmitted sub-committee ofNarcoticAddictRehabilitationundersection33. to suspendtheprosecutionuntilhereceiptinformofresultrehabilitationfrom identification totheprosecutoracknowledge.Inthiscase,shallissuedorder or narcoticaddict,itsshallhavetherehabilitationplanandinformresultof have decisiontotheallegedoffenderwhocommittedforidentificationasbeaconsumer Section 22 Rules andproceduresofidentificationshallbeinaccordancewiththerulesas The identificationshallconductedwithinfifteendaysfromthedateacceptedsuch Section 21 The requirementoflocalityforrehabilitationunderparagraph onemayrequiretobe Section 23 In thecasewheretransferofallegedoffenderbacktoinquiryofficialor If theresultofidentificationdisappearthatallegedoffendertobeaconsumeror In thecasewhereprosecutorapprovethatallegedoffenderwhomhereceipt Intheconductingofrehabilitationplanundersection22, itsshallrequired Thesub-committeeofNarcoticAddictRehabilitation,intheidentification Inthecasewheresub-committeeofNarcoticAddictRehabilitation 118 NARCOTIC LAWS OF THAILAND 119 A person committed for rehabilitation shall undergo the rehabilitation A person committed for rehabilitation In the case where there is a reasonable ground, the sub-committee of In the case where the fact appear in after the court issue the court order In the case where the fact appear in The requirement of the procedure of rehabilitation shall require in respect of the the procedure of rehabilitation shall The requirement of (1) of the person committed for necessary to detain in restriction in the case where (2)restriction of the person committed case where unnecessary to detain in in the (3) in the case where unnecessary to detain the person committed for rehabilitation, (4) may require to the person committed for rehabilitation during the rehabilitation, Section 24 Section 25 the In the case where it appears that the result of the rehabilitation is unsatisfactory, shall During the rehabilitation, the sub-committee of Narcotic Addict Rehabilitation many times, The extension and reduction of duration of rehabilitation may be made in Section 26 under section 19 that the person who committed for the identification or the person committed under section 19 that the person who on other offences which such offences shall be for rehabilitation was alleged or prosecuted by judgement of court. The court shall consider liable for the imprisonment or to be imprisoned person to the inquiry official for continue the proceeding. to issue the court order to transfer such person committed for Narcotic Addict Rehabilitation may consider the provision release to the following procedure: rehabilitation in rehabilitation centre transfer such person to admitted for rehabilitation, shall system to prevent the escape; where have the detention or the locality of rehabilitation of for rehabilitation in the locality shall transfer such person to admitted for rehabilitation, require the conditions to the person who committed for rehabilitation that is suitable and shall required during the rehabilitation; rehabilitation to stay within the area that for rehabilitation to conduct with any other procedure under may require to the person committed the supervise of probation official; service or to conduct any acts that is suitable for the trained in occupation, working on social the narcotics. security in the life which left away from the duration of sub-committee of Narcotic Addict Rehabilitation shall consider to extend rehabilitation. consider to reduce the duration of rehabilitation which appropriate. duration shall not but each extension shall not be longer than six months and the total for rehabilitation. exceeding three years as from the date of transferring the person to commit Notification where from the institution of treatment, the institution of child and youth obligation of child and youth the institution institution of treatment, where from the Notification is appropriate. localities where government or other the locality of and protection, not exceeding six months as from the date of the under the rehabilitation plan for a period commission therefor. NARCOTIC LAWS OF THAILAND detention ofsuchperson. regulations oftherehabilitationcentre,locality theidentification,rehabilitationor by theCommitteeandsub-committeeofNarcotic AddictRehabilitation,includingthe rehabilitation shallconductinrestrictionaccordingtothe rulesandotherconditionsprescribed prescribed bytheCommittee. Rehabilitation shallhavethepowertosettleaccordance withrules,proceduresandconditions mutatis mutandis. completed eighteenyearsoldofage,allthisisduetothesection32paragraphtwoshallapply under thesection190ofPenalCodeshallnotapplytoforcedwithpersonyet competent officialshallhavethepowertopursueandarrestsuchperson. competent officialshallinformtheinquirytoacknowledgeimmediately.Inthiscase person, itsshallbedeemedsuchpersonescapethecustodyunderPenalCodeand rehabilitation centre,thelocalityofidentification,ordetentionsuch identification orrehabilitationescapedfromthedetentiontooutsideareaof date shallnotincludedintheperiodofcustody. which hehasbeencommittedundertheidentificationorrehabilitationtoescaped the localityofidentification,rehabilitationordetentionsuchperson.Theduration therefor, incasedependupon,tobethepersoncustodyunderPenalCode. rehabilitation thatwasdetainedlikewisethecustody,itsshallbedeemedpersoncommitted alleged offender. be appearedthatsuchtransferencewillmakemoreusefulfortherehabilitation alleged offendertoadmitfortherehabilitationordetentionatotherlocality,butthereshall approval orreceipttherequestfromallegedoffender,mayissueanordertotransfersuch detention ofsuchallegedoffender.Thesub-committeeNarcoticAddictRehabilitationitself facilitate toadmitforrehabilitationinthecentre,localityofor and conditionsprescribedbyCommittee. identification orpersoncommittedforrehabilitationinaccordancewiththerules,procedures Section 30 In thecommissionunderparagraphone,sub-committee ofNarcoticAddict The provisionoftheparagraphonewhichinrespectoffenceandpunishment Section 29 In thecasewherethereisanescapefromdetentionofrehabilitationcentre, Section 28 Section 27 During theidentificationorrehabilitation,ifanypersoncommittedfor Whereby thepersoncommittedforidentificationor In thecasewhereallegedoffenderhavedomicilewhichnot A personcommittedforidentificationora committedfor 120 NARCOTIC LAWS OF THAILAND 121 Any person committed for identification or a person committed for for identification or a person Any person committed When the sub-committee of Narcotic Addict Rehabilitation decided that When the sub-committee of Narcotic In the case where the person committed for identification or the person identification or the committed for where the person In the case In the execution for this Act, the Committee, the sub-committee and the In the trial and judgement to the alleged offender who has committed for Section 32 (1) probation; (2) visited or communicated for not longer than suspension of permission of being (3) solitary confinement not exceeding fifteen days for each confinement. the punishment to person under paragraph one, In the case where necessary to inflict Section 33 for rehabilitation, in spite of finished all duration In the case where any person committed Section 34 Section 35 Section 31 competent official under this Act shall be the administrative official or police officer under the competent official under this Act shall be the administrative official or police Criminal Procedure Code and shall be an official under the Penal Code. rehabilitation violate the section 30, the Director of Rehabilitation Centre or the supervisor of the Centre or the supervisor of the section 30, the Director of Rehabilitation rehabilitation violate of to inflict upon him any one or more such person shall have the power locality where accept following: punishments as the three months; years old of age, shall apply the measures of punishment who has not yet completed eighteen the youth and family court and procedure mutatis mutandis. under the law on the establishment of has finished all due to the rehabilitation that in specific any person committed for rehabilitation the result of the rehabilitation is satisfactory. Its shall be require of the rehabilitation plan and alleged offence under section 19 and the sub-committee deemed such person relieved from the issue the order to release such person at liberty, then of Narcotic Addict Rehabilitation shall or the prosecutor who still the proceeding to acknowledge, inform the result to the inquiry official in case depend upon. sub-committee of under section 25, but the result of the rehabilitation is not satisfactory. The inquiry official or the Narcotic Addict Rehabilitation shall report together with the opinion to the the proceeding prosecutor, in case depend upon, to supplement the consideration for continue of such person and the section 22 paragraph four shall apply mutatis mutandis. to any extent rehabilitation under section 33 paragraph two, the court may inflict less punishment due in respect of the than that provided by the law for such offence or may not inflict, all this is duration that such person has been committed under the rehabilitation. committed for rehabilitation which have provision released does not conducted or violated the not conducted or released does which have provision for rehabilitation committed official, without warrant, shall arrest regulations that prescribed. The competent rules, conditions or of the identification, rehabilitation to the rehabilitation centre, the locality such person back or the detention. NARCOTIC LAWS OF THAILAND have decisionundersection 22thatthepersoncommittedforidentificationisconsumed or which notifyinGovernmentGazette. identification cardofauthorizationtothepersonconcerned eachtime. who concernedshallfacilitateasappropriate. official whoissuchentrusted. performance shallprescribedbyCommitteethatappearintheidentificationcardofcompetent powers asreferredtoinparagraphoneorwouldhaveapprovedbyanypersonbefore not; committed forrehabilitationtohasexaminedortestedwhetherthenarcoticinternalbody prescribed undersection17; rehabilitation oranyotherpersonwherecapabilitytogivethefactrelatingcasethat consideration intheperformanceundersection17; a letterexplanationortosubmitdocumentsanyevidenceforexaminationconstitutethe committed foridentificationorthepersonrehabilitationtogivestatements,submit to believethatthedelayedlongertimethantakesearchwarrant,suchpersonwouldescape; reasonable groundtosuspectthatsuchpersonishiddenandtogetherwitha the personcommittedforrehabilitationwhoviolatedsection29or31,wherethereisa Section 38 Identification cardofcompetentofficialshallbeinform prescribedbytheCommittee Section 37 In theperformanceofdutiescompetentofficialunderparagraphone,person A competentofficialofanypositionandatlevelwhoistohaveallorpartsuch toissueanorderorprovidethepersoncommittedforidentification (4) totestifythepersoncommittedforidentification, (3) toissuealetterofinquiryorsummonanypersonwhorelatedthe (2) toenteranydwelling place,premisesorconveyanceinordertosearchandarrest (1) Section 36 In theperformanceofduties,acompetentofficialhasfollowingpowers: In thecasewheresub-committee ofNarcoticAddictRehabilitation In theperformanceofduties,competentofficialshallproduce Competent Officials CHAPTER 4 CHAPTER 5 122 Appeal NARCOTIC LAWS OF THAILAND 123 Penalties CHAPTER 6 Any person who brought any fact or document of evidence which is a Rules and procedures to submit appeal and appeal proceeding shall be to submit appeal and appeal proceeding Rules and procedures In the trial of appeal, the Committee shall have the following powers: In the trial of appeal, the Committee shall Section 41 one Any person who derived or acknowledged any fact from a person under paragraph The appeal under the paragraph one shall not be the cause to delay the performance the paragraph one shall not be the cause The appeal under Committee is final. The decision of the Section 39 Section 40 (1)summon or to submit material, document or any to inform the appellant to give the (2) the material, to issue a letter of summon person concerned to give testify or submit to give testify or submit the material, document In the case where the appellant not come submit the material, document or evidence under The letter of summon to give testify or personal information derived in the execution for this Act, disclosure to other person shall be personal information derived in the execution for this Act, disclosure to other not exceeding one liable to imprisonment for a term not exceeding five years or to a fine of inquiry or court hundred thousand Baht or both, except the disclosure in the performance of duties, Rehabilitation. trial or permitted by the Committee or the sub-committee of Narcotic Addict may disclosure under then disclosure such fact shall be liable likewise, except in case where it paragraph one. under the decision of the sub-committee of Narcotic Addict Rehabilitation. of the sub-committee of Narcotic Addict under the decision the consideration; evidence concerned to supplementing the consideration. document or evidence to supplement order under (1) whereby does not informed the or evidence according to the Committee the Committee within three days from the day accept the necessary cause in the written letter to appellant not willing to come to give more testify or Committee order, shall be deemed that and the Committee shall continue to consider the appeal submit material, document or evidence as it is appropriate. testify or submit the material or evidence in any matters. (2) shall specific as that to come to give addicted or issue the order not granted the provision release to the person committed for to the person committed provision release not granted the or issue the order addicted the order to 26 or issue under section committed for rehabilitation or the person identification to such person shall have the right of rehabilitation under section 25, extension the duration days from the date that acknowledge to the Committee within fourteen appeal such decision in case depend upon. the decision or order, prescribed by Ministerial Regulation. NARCOTIC LAWS OF THAILAND Office oftheNarcoticsControlBoard Legal AffairsDivision (Mr. BoonyawichackLaogortee) B. Laogortee Translated by Prime Minister Pol.Lt.Col. ThaksinShinawatra Countersigned by after refusestopaidthefinewithinrequiredperiod,itshallcontinueproceeding. the CriminalProcedureCode. condition prescribedbytheCommittee. Addict Rehabilitationorcompetentofficialtoconductwiththesettlementaccordingrule and inthiscasetheCommitteeshallhavepowertoentrustsub-committeeofNarcotic ten thousandBahtorboth. shall beliabletoimprisonmentforthetermnotexceedingsixmonthsorafineof three orrefusestoconductaccordancewithletterofsummontheCommitteeundersection40 official undersection36(2)orrefusestofacilitatecompetentparagraph If theoffenderrefusestoconsentaccordingsettlementorwhenconsentedthen When theoffenderpaidfineunderofsettlement,itshallbedeemedquittance Section 43 Section 42 Offences undersection42,theCommitteeshallhavepowertosettle Any personwhorefusestoconductaccordancewithletterofcompetent 124 NARCOTIC LAWS OF THAILAND 125 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 127 ——————————————— BY THE KING’S MOST EXCELLENT MAJESTY BY THE KING’S EXTRADITION ACT B.E. 2472 (1929) ACT EXTRADITION Unless the Royal Siamese Government decides otherwise, the request It shall come into force on the day of its promulgation in the government It shall come into force on the day The Royal Siamese Government may at its discretion surrender to foreign The Royal Siamese Government may Proceedings shall commence with a request from a foreign government to Proceedings shall commence with a Extradition will not be granted if the person claimed has already been tried Extradition will not be granted if the This Act shall be applicable to all extradition proceedings in Siam so far as This Act shall be applicable to all extradition The request for extradition must be accompanied by, This Act shall be called the “Extradition Act B.E. 2472.” This Act shall be called the “Extradition Article 2 Article 3 Article 4 Whereas it is deemed expedient to declare the right of the Royal Siamese Government, expedient to declare the right of the Whereas it is deemed It is hereby enacted as follows :- Article 1 Article 5 Article 7 (a) case of a person who has been convicted of a crime, a duly authenticated in the (b) crime, a warrant of arrest issued by the in the case of a person charged with Article 8 Article 6 it is not inconsistent with the terms of any Treaty, Convention or Agreement with a foreign State, it is not inconsistent with the terms of therewith. or any Royal Proclamation issued in connection gazette. irrespective of treaty obligations, to surrender to foreign States persons accused or convicted obligations, to surrender to foreign irrespective of treaty and also to provide for a uniform within the jurisdiction of such States, of crimes committed in all extradition cases, procedure to be followed States with which no extradition treaties exist persons accused or convicted of crimes States with which no extradition treaties States; provided that by the laws of Siam such crimes committed within the jurisdiction of such less than one year. are punishable with imprisonment of not copy of the judgement of the Court which tried him; copy thereof, Competent Authority of the country making the request, or a duly authenticated if the crime had and by such evidence as would justify the commitment for trial of the accused been committed in Siam. the Royal Siamese Government through the diplomatic agents of such Government for the the Royal Siamese Government through agents through the extradition of a certain person, or in the absence of such diplomatic Competent Consular Officers. and discharged or punished in any country for the crime for which his extradition is requested. and discharged or punished in any country together with the accompanying documents shall be transmitted to the Ministry of the interior in together with the accompanying documents shall be transmitted to the Ministry NARCOTIC LAWS OF THAILAND time astheCourtmayforsufficientreasondirect,accusedshallbesetatliberty. the Courtwithintwomonthsfromdateoforderfordetentionorsuchfurther extraditable; and(c)thattheoffenceisnotoneofapoliticalcharacter. the arrestandthatnatureofcrimeisclearlystated;(b)offencecharged contained intheletterofMinistryForeignAffairs)thatawarranthasbeenissuedfor requisition andthenecessarydocumentsproviding(a)thereisevidence(Whichmaybe Court forawarrantofarrest.TheaccusedmustbeassoonpossiblesentbeforeproperCourt. notify theMinistryofInteriorwhomayorderaccusedtobearrestedorapply the MinistryofForeignAffairsshall,unlessRoyalSiameseGovernmentdecidesotherwise, of theoffenceandthatawarrantarresthasbeenissued.Uponreceiptsuchrequest, accused maybemadebytheforeigngovernment.Sucharequestmustclearlystatenature upon thefollowingpoints: (Properly authenticated). had beencommittedinSiam; allow bailinthesecases. time ontherequestofeitherpartyandforgoodsufficientreasonsbutCourtshouldnot the Siameserulesofprocedureincriminalcases.TheCourtmayorderaremandfromtimeto the Courtandapreliminaryinvestigationmustbemadeinaccordanceasfarpossiblewith Justice andproceedwiththehearing. Interior mayordertheaccusedtobearrestedorapplyCourtforawarrantofarrest. order thatthecasemaybebroughtbeforeCourtbyPublicProsecutor.TheMinistryof Article 11 If theformalrequisitionandnecessarydocumentshavenotbeenreceivedby The Courtshallordertheaccusedtobedetainedpendingarrivalofformal 3 Thathisextraditionisinfactbeingaskedforwitha viewtopunishinghimforan (3) Thattheoffenceisnot extraditableorisofapoliticalcharacter; (2) Thatheisnotthepersonwanted; (1) Article 13 The evidencemaybegiveneitherorallybywitnesses orbymeansofdepositions Thattheoffenceisextraditableandnotoneofa politicalcharacter. (3) Thatthereissufficientevidenceagainst himtocommitfortrial,iftheoffence (2) Thattheidentityofaccusedisestablished; (1) Article 12 Article 10 Article 9 When anextraditioncaseisenteredtheCourtmustnotifyMinisterof The Courtmustbesatisfied: After arresttheaccusedmustbebroughtwithoutunnecessarydelaybefore In caseofurgencyarequestfortheprovisionalarrestanddetention The Courtneednothearevidencefortheaccusedin his defenceexcept 128 NARCOTIC LAWS OF THAILAND 129 If the Court is of opinion that the evidence is insufficient it shall order the opinion that the evidence is insufficient If the Court is of In all cases in which the Court is of opinion that the accused is a Siamese In all cases in which the Court is of If the Court is satisfied that the evidence is sufficient its shall make an order that the evidence is sufficient its If the Court is satisfied Appeal Court and its decision upon all Appeals in extradition cases lie to the (4) His nationality. Article 14 Article 15 within three months from the date when the If the accused has not been surrendered Article 16 Article 17 found by the lower Court to justify the order If there was any evidence as to the facts (1) As to the nationality of the accused; (2) That the crime charged is not extraditable; (3) That the offence is of a political character ; or that the requisition was in fact (4) That there was no evidence before the lower Court upon which such Court Reign. Given on the 15th day of December, B.E. 2472, being the 5th year of the Present accused to be discharged at the end of forty-eight hours after such order has been read, unless at the end of forty-eight hours accused to be discharged be to appeal. The appeal must the Public Prosecutor notifies his intention within this period accused to be detained pending the days and the Court shall order the filed within fifteen hearing of such appeal. within such further time as the Court may for sufficient order of the Court becomes final or at liberty. reason direct, the accused shall be set or technical difficulty arises as to the authority of the subject and in all cases in which doubt the requisition, reference must be made to the Minister of documents or the method of making release of the accused. Justice before making an order for the to interfere, the Appeal Court will only see that the lower made, the Appeal Court has no power to give it authority and jurisdiction to make the order Court had such evidence before it as and consider arguments : and for this purpose may review the evidence made with a view to punish the accused for a political offence; or could exercise its discretion whether to make the order or not. offence of a political character; offence of being surrendered. The accused shall to be detained with a view to authorising the accused days and within that period he has a right to appeal. not be sent out of the country for fifteen be final. questions both of fact and of law shall NARCOTIC LAWS OF THAILAND .TheActonMutualAssistanceinCriminalMattersB.E.2535(1992) 1. ActsandRegulations b) GeneralInformation a) Mutual AssistanceinCriminalMatters .TreatybetweentheKingdomof ThailandandtheRepublicofPoland 9. TreatybetweentheKingdomofThailand andthe 8. TreatybetweentheGovernmentofKingdomThailandand 7. TreatybetweentheKingdomof ThailandandthePeople 6. TreatybetweentheGovernmentofKingdomThailandand 5. TreatybetweentheGovernmentofKingdomThailandand 4. TreatybetweentheGovernmentofKingdomThailandand 3. TreatybetweentheGovernmentofKingdomThailandand 2. TreatybetweentheGovernmentofKingdomThailandand 1. Treaties c) ActonProcedureforCooperationbetweenStatesintheExecutionofPenalSentences 2. . RegulationoftheCentralAuthorityRelatedonProvidingandSeeking 1.3 MinisterialRegulationNo.2B.E.2537(1994)issuedundertheActon 1.2 MinisterialRegulationB.E.2537(1994)issuedundertheActonMutual 1.1 on MutualAssistanceinCriminal MattersB.E.2547(2004) Criminal MattersB.E.2547(2004) Government oftheRepublicIndiaonMutualAssistance in Republic ofKoreaonMutualAssistanceinCriminalMatters B.E.2546(2003) Republic ofChinaonMutualAssistanceinCriminalMatters B.E.2546(2003) Criminal MattersB.E.2542(1999) Government oftheKingdomNorwayonMutualAssistancein Government ofFranceonMutualAssistanceinCriminalMatters Ireland onMutualAssistanceinCriminalMattersB.E.2537(1994) Government oftheUnitedKingdomGreatBritainandNorthern B.E. 2537(1994) Government ofCanadaonMutualAssistanceinCriminalMatters Criminal MattersB.E.2529(1986) Government oftheUnitedStatesAmericaonMutualAssistancein B.E. 2527(1984) B.E. 2537(1984) Assistance UndertheActonMutualinCriminalMatters Mutual AssistanceinCriminalMattersB.E.2535(1992) Assistance inCriminalMattersB.E.2535(1992) 130 , s NARCOTIC LAWS OF THAILAND s Democratic , s Republic of , 131 and the Government of the Democratic Socialist Republic of Sri Lanka Socialist of the Democratic and the Government (2004) in Criminal Matters B.E. 2547 on Mutual Legal Assistance 2533 (19990) of the United States of America B.E. and the Government Relating to Extradition Government of the United States of America B.E. 2526 (1983) Sor. 129 (1911) Extradition of Fugitive Criminals Ror. Relating to Extradition the Government of the Kingdom of Belgium B.E. 2479 (1936) Relating to Extradition the Government of the Republic of Indonesia B.E. 2519 (1976) Relating to Extradition Government of the Republic of the Philippines B.E. 2524 (1981) China on Extradition B.E. 2536 (1993) on Extradition B.E. 2541 (1998) of Korea B.E. 2542 (1999) Republic on Extradition B.E. 2542 (1999) Bangladesh Relating to Extradition B.E. 2541 (1998) 10. the Kingdom of Thailand Government of Treaty between the Extradition a) Acts 1. Act B.E. 2472 (1929) Extradition 2.Thailand Government of the Kingdom of The Act on Extradition between the b) Treaties 1.of Thailand and the Treaty between the Government of the Kingdom 2. Treaty between the United Kingdom and Siam Respecting the 3.of Thailand and Treaty between the Government of the Kingdom 4.of Thailand and Treaty between the Government of the Kingdom 5.of Thailand and the Treaty between the Government of the Kingdom 6. Treaty between the Kingdom of Thailand and the People Republic of 7. Treaty between the Kingdom of Thailand and the Kingdom of Cambodia 8. Reupblic Treaty on Extradition between the Kingdom of Thailand and the 9. and the People Treaty between the Kingdom of Thailand c) Other 1. The Constitution of the Kingdom of Thailand B.E. 2540 (1997) 10. Treaty between the Kingdom of Thailand and the Lao People NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 133 B.E. 2527 (1984) This Act shall enter into force on the date after its publication in the This Act shall enter into force on All laws, rules, regulations, procedures and other announcements which All laws, rules, regulations, procedures In this Act: This legislation shall be called “The Procedure for Cooperation between States This legislation shall be called “The Procedure Section 3 Section 4 country which transfers the prisoner to the “The Transferring State” means the to which the prisoner is transferred from “The Receiving State” means the country holding Thai nationality, regardless whether “Thai prisoner” means an individual is subject “Foreign prisoner” means an individual not holding Thai nationality who inclusively “Punishment” means imprisonment or confinement and shall also mean His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that: Adulyadej has been graciously His Majesty King Bhumibol governing the procedure for appropriate to enact the law Whereas it is deemed King by and with the advice and consent of the Be it, therefore, enacted an Act by the Section 1 Section 2 STATES IN THE EXECUTION OF PENAL SENTENCES THE EXECUTION OF PENAL STATES IN ACT ON PROCEDURE FOR COOPERATION BETWEEN COOPERATION FOR PROCEDURE ACT ON Receiving State. the Transferring State. or final court order such individual may hold any other nationality, who is subject to sentence of punishment and who is now serving such sentence abroad. such sentence in to sentence or final court order of punishment and who is now serving the Kingdom. sentence, suspended security measures, probation, procedures for juvenile offenders, suspended confinement and reduction in the length of sentence. Government Gazette. or conflict with this Act shall be superseded by are specified in this Act or which contravene this Act. cooperation between states in the execution of penal sentences: cooperation between Parliament, as follows. B.E. 2527 (1984) in the Execution of Penal Sentences” NARCOTIC LAWS OF THAILAND provisions orthe are statedotherwise. executed betweentheTransferringStateandReceiving Statedoesnotstipulatesuch Transferring StateandintheReceivingState. the crimeandeffectofcriminalsituation themoraleofpopulacein to betransferred. Transferring State. criminal caseonotherchargesmoreintheprocessofaretrial prisoner mustbeacriminaloffenseunderthelawofReceivingState. State andtheReceivingofprisonerwhoshallbetransferred. for cooperationbetweenStatesintheexecutionofpenalsentences. serve theirsentencesabroadshallbesubjecttothefollowingprovisions: their sentencesintheKingdomortransferofforeignprisonerstocontinue Government Gazette. provisions whichpertaintotherespectiveMinistries. Ministerial RegulationsforthepurposeofimplementingthisActparticularlythose The MinisterofeachMinistryisempoweredtoappointresponsibleofficialsandissue of Interior,andtheMinisterJusticeshallberesponsibleforimplementationthisAct. this Act. The provisionsof(3)shallnotapplyintheevent thattheinternationaltreaty Thetransferofanyprisonershalltakeintoaccountthenatureandseverity (6) Thetransfermustbeeitherbeneficialtoorinthebestinterestofprisoner (5) Theprisonertobetransferredshallnotthesubjectofanoutstanding (4) TheoffensewhichhasbeencommittedbytheThaiprisonerorforeign (3) ThetransferofanyprisonershalltakeplacewiththeconsentTransferring (2) TheTransferringStateandtheReceivingshallenterintoabilateraltreaty (1) Section 6 The MinisterialRegulationsshallenterintoforceuponpublicationinthe Section 5 “Responsible Officials”meansthepersonsappointedbyMinistertoimplement “Committee” meanstheCommitteeforConsiderationofTransferPrisoners. The transferofThaiprisonersinforeigncountriestocontinueserve The MinisterofDefense,theForeignAffairs, CHAPTER 1 134 General NARCOTIC LAWS OF THAILAND 135 CHAPTER 2 The Committee shall be empowered to appoint sub-committees to carry out Not less than one half of the total membership of the total membership of the Not less than one half of the total membership The transfer of prisoners under this Act shall not serve to curtail the rights under this Act shall not serve The transfer of prisoners The various expenses associated with the transfer of prisoners shall be ad- of prisoners shall with the transfer expenses associated The various There shall be appointed a committee to be called “The Committee for Con- There shall be appointed a committee The Committee for Consideration of the Transfer of Prisoners for Consideration of the Transfer The Committee Section 9 Section 7 The Committee shall exercise full authority under this Act: The Committee shall exercise full authority Section 10 Section 8 If the chairman of the Committee is absent from the meeting or is unable to perform his If the chairman of the Committee is absent Resolutions of the meeting shall be adopted by a majority vote. of a tie vote, Each member of the Committee shall have one vote in a ballot. In the case Section 11 The provisions of section 10 shall apply to the meeting of the sub-committees. sideration of the Transfer of Prisoners” consisting of the Permanent Secretary of State for Justice sideration of the Transfer of Prisoners” Judge Advocate General, the Chief Justice of the Criminal as Chairman of the Committee and the Juvenile Court, the Director-General of the Court, the Chief Justice of the Central Director-General of Police Department, the Director- Department of Public Prosecution, the and the Director-General of the Treaty and Legal General of the Corrections Department, the Director of the Penology Division of the Department as members of the Committee; as member and Secretary of the Committee Corrections Department shall serve concurrently of the Treaty and Legal Department shall serve and the Director of the Treaty Division secretary of the Committee. concurrently as member and assistant of such prisoners to subsequent pardon, commutation of sentence and reduction of sentence to subsequent pardon, commutation of such prisoners Transferring State after the transfer. to be granted by the ministered in accordance with the applicable Ministerial Regulations. the applicable Ministerial in accordance with ministered Committee must be present at each meeting to form a quorum. Committee must be present at each meeting such functions as shall be assigned by the Committee. duty as chairman of the meeting, the meeting shall then elect any one member of the Committee duty as chairman of the meeting, the meeting present to assume the chair at the meeting. deciding vote. the chairman of the meeting shall cast an additional vote which shall be the NARCOTIC LAWS OF THAILAND has imposedasentenceofincarceration ordetention,theresponsibleofficialsshallissue awritten the Thaiprisonerwithoutdelay. the TransferringState,pursuanttoSection16,Committee shallarrangeforthetransferof Affairs thattheTransferringStatehasapprovedpetition fortransferofaThaiprisonerfrom Foreign AffairsshallforwardthedecisiontoCommittee andtothepetitionerwithoutdelay. Transferring StatehasinformedtheMinistryofForeign AffairsofitsdecisiontheMinistry to seekapprovalforthetransferofThaiprisoner from theTransferringState.When prisoner, theCommitteeshallforwardcaseforaction totheMinistryofForeignAffairs such disapproval. for noncompliancewiththeprovisionsofthisAct,Committeeshallprovidereasons petitioner throughtheMinistryofForeignAffairs.ShouldCommitteedisapprovepetition the transferofThaiprisonerwithoutdelayandsuchordershallbemadeknownto of theCommitteeforsubmissiontoconsideration. the responsibleofficialshallforwardpetitionandsupportingdocumentstoSecretary to preparethedocumentsonbehalfofprisoner. a petitionpursuanttoSection12or13,thentheresponsibleofficialshallbeauthorized Thai Prisoner,inaccordancewiththeprovisionsofSection12. relative orotherinterestedpartyshallbeempoweredtosubmitthepetitiononbehalfof oner isaminororyouthunderthejurisdictionofJuvenileCourt,thenspouse the MinistryofForeignAffairsascircumstancesdictate. Thai ConsulatehavingjurisdictionintheTransferringStateortoresponsibleofficialat prescribed bytheCommittee,toresponsibleofficialatRoyalThaiEmbassyor in theKingdomshallberequiredtosubmitapetition,togetherwithsupportingdocumentsas Upon arrivalofaThaiprisoner intheKingdomifacourtofTransferringState Section 17 Section 16 The orderoftheCommitteeshallbefinal. The Committeeshallconsiderthepetitionandissueanorderapprovingordisapproving Section 15 Section 14 Section 13 Section 12 In theeventCommitteehasapprovedapetitionfortransferofThai If theThaiprisonerisunabletosubmitpetitionbyhimselforifpris- If theprisonerisunabletopreparedocumentsnecessarysupport A Thaiprisonerwhodesirestobetransferredcontinuehissentence When theCommitteereceivesnotificationfromMinistry ofForeign Upon receiptofthepetitioncompletewithallsupportingdocuments, The TransferofThaiPrisoners CHAPTER 3 136 NARCOTIC LAWS OF THAILAND 137 When agreement to transfer the Thai prisoner has been reached, the When agreement to transfer the Thai For purposes of the transfer of Thai prisoners to continue their sentences transfer of Thai prisoners to continue For purposes of the If the Thai prisoner is subject to security controls, probation, the procedures for the procedures probation, to security controls, prisoner is subject If the Thai Section 18 Court, or a request for retrial Court, an appeal to the Supreme An appeal to the Appeals Section 19 imposed or the conditions for serving In the event it appears that the sentence has been In the event that it appears that the offense for which the Thai prisoner in the Kingdom under this Act, it shall be considered that the judgement or order of the Court this Act, it shall be considered that in the Kingdom under Court having jurisdiction in the Kingdom. State is the judgment or order of the of the Transferring juveniles, or suspended sentence or confinement, the procedures provided for in the applicable sentence or confinement, the procedures juveniles, or suspended appropriate in each case. in the Kingdom shall be applied as laws currently in force Kingdom for reconsideration of the in the court having jurisdiction in the of a criminal case to paragraph one shall not be permitted. judgment or order of the Court pursuant documents concerning the sentence officially Committee shall avail itself of the supporting a basis for consideration. If it appears that the sentence certified by the Transferring State, as the Court of the Transferring State is compatible with the imposed by the judgment or order of in force in the Kingdom, then the Committee shall issue sentence prescribed by the law currently or the responsible officials authorized to carry out the a written order to the prison officer the procedures for juveniles, suspended sentence, procedures for security controls, probation, to fulfill the requirements of the applicable law. and suspended detention as appropriate State are not compatible with the sentence or sentence under the law of the Transferring by the law currently in force in the Kingdom, the conditions of punishment as prescribed the Public Prosecutor for submission of a petition to the Committee shall forward the case to Court for consideration of an adjustment to the Criminal Court or to the Central Juvenile have them common to the law currently in force in the sentence or conditions of sentence to shall not be Kingdom. For this purpose, the adjusted sentence or conditions of punishment Thai prisoner in the more severe than the sentence or conditions of punishment imposed on the Transferring State. State is not a sentenced according to the judgment or order of the Court of the Transferring fact that the Thai chargeable offense under the laws currently in force in the Kingdom, the the basis on which prisoner been sentenced by such judgment or order shall be considered judgment or order the Court is empowered to order security controls. The Court shall adjust the the security controls to apply such security controls as the Court shall deem appropriate but the Thai prisoner shall not be more severe than the sentence or conditions of sentence that order for the detention of the Thai prisoner at a facility provided for under the applicable laws. under the applicable facility provided for Thai prisoner at a the detention of the order for NARCOTIC LAWS OF THAILAND appropriate benefit. requested, theCommitteeshallbeempoweredtoorder thattheThaiprisonerreceive Thai prisonerorauthorizedpersonsubmittingthepetition pursuanttoSection13hasso prisoner tothedateThaihasrecommencedsentenceinKingdom. of theTransferringState. offense orwhichincludesprovisionsbeneficialtotheThaiprisoner. that theoffensecommittedbyThaiprisonerforwhichhewassentencedisnolongeran by theTransferringState,particularlyassuchappliestoThaiprisoner. according tothelawofTransferringStateuntildatetransferprisoner. transferred shallbenefitfromthefollowing: the treatyshallpertain. in forcetheKingdom,exceptasstipulatedotherwisebytreatywhichcaseprovisionsof the ThaiprisonerwhocontinuesasentenceinKingdomshallbesubjecttolawcurrently suspension ofsentencedetention,andreductionthelengthfor detention accordingtotheapplicablelawscurrentlyinforceKingdom. subject tosecuritycontrols,probation,provisionsforjuveniles,suspendedsentence,or continue asentenceintheKingdomisprisonersubjecttofinalor apply mutatismutandis. would receiveintheTransferringState.Forthispurpose,provisionsofparagraphtwoshall The orderoftheCommitteeshallbefinal. When theprovisionsofparagraphonebecomeknowntoCommitteeorwhen ThereductionofthelengthsentencefromdatetransferThai (5) Theamendment,revisionorrevocationofthejudgmentorderCourt (4) ThesubsequentenactmentofalawtheTransferring Statewhichstipulates (3) Pardon,commutationofsentenceandreductionlengthgranted (2) ThereductioninthelengthofsentenceimposedonThaiprisoner (1) Section 22 Section 21 Section 20 The orderoftheCriminalCourtorCentralJuvenilecourtshallbefinal. It shallbeconsideredthataThaiprisonerwhohasbeentransferredto In continuingthesentenceinKingdom,Thaiprisonerbeing Pardon, amnesty,commutationofsentence,reduction 138 NARCOTIC LAWS OF THAILAND 139 CHAPTER 4 CHAPTER The Transfer of Foreign Prisoners The Transfer of Foreign When the petition has been received complete with all prescribed has been received complete with When the petition The Committee may disapprove the transfer of a foreign prisoner when In any case in which a foreign prisoner is required to pay a fine, make The transfer of foreign prisoners shall not take place under any one of the The transfer of foreign prisoners shall The petition for the transfer of foreign prisoners to serve their sentence in the transfer of foreign prisoners to serve their The petition for the (b) the Kingdom less A foreign prisoner who has served a prison sentence in Section 24 Section 25 (1) prisoner, whether in whole or in part When the sentence received by the foreign (2) (a) a prison sentence in the Kingdom less A foreign prisoner who has served (3) When the remainder of the total sentence imposed or ordered the foreign Section 26 Section 27 Section 23 documents, the responsible officials shall forward the petition and aforementioned documents officials shall forward the documents, the responsible submission to the Committee for consideration. to the Secretary of the Committee for of the Kingdom or it appears that the transfer would threaten the national security or stability domestic civil order. following circumstances: of the Monarch, the Queen, or the Monarch, the Queen, involves an offense against the person offense against national security from within the Kingdom; or the Monarch’s son or daughter, an outside the Kingdom; or an offense against the laws an offense against national security from governing national art treasures. or ordered or less than four years, whichever period than one third of the total sentence imposed is less. prisoner must serve in the Kingdom is less than one year. Receiving State shall be submitted by the Receiving State through diplomatic channels be submitted by the Receiving Receiving State shall in accordance with the procedures officials of the Ministry of Foreign Affairs to the responsible format specified by the Committee. and in the documentary distribution, import for distribution or possession than eight years for charges of production, by the Narcotics Act, and the sentence imposed to for distribution of narcotics, as proscribed him is life imprisonment. restitution of property, or pay compensation for the cost of damages according to a Court’s restitution of property, or pay compensation for the cost of damages according authority, then the judgment in a criminal case or according to the order of a competent of the property, or foreign prisoner shall be required to make full payment of the fine, restitution the transfer. compensation for the damages before the Committee shall issue the order approving NARCOTIC LAWS OF THAILAND necessary. except thattheCommitteeorapartyauthorizedbymayextendthisperiodas must departtheKingdomwithin24hoursfromtimedeliveryofprisoneriscompleted, shall recommencethesentenceimmediately. more thanthreedaysfromthedateofreceipt.UponarrivalinKingdom,Thaiprisoner the Kingdomwithoutdelayandexceptincaseofextraordinarycircumstances,withinnot the responsibleofficialshallarrangeforThaiprisonertotravelfromTransferringState prescribed bytheCommittee. transferred shallbeconductedthroughdiplomaticchannelsaccordingtotheprocedures considered authorizationforthetransferofaforeignprisonertoReceivingState. the MinistryofForeignAffairs. transfer ofaforeignprisonerandtheReceivingStateshallbeinformedorderthrough imprisonment andfine. than sevenyearsimprisonmentoffinenotmore than seventythousandBahtorboth or hasinvolvedthreemoreaccomplices,theoffender shallbepunishablebynotmore imprisonment orfineofnotmorethanfiftythousandBaht. the courseoftraveloutKingdomshallbepunishable bynotmorethanfiveyears travel fromtheTransferringStatetoKingdomorany foreignprisonerwhoshallescapein Section 32 Section 31 Section 30 Section 29 The ordertheCommitteeshallbefinalandofapproval Section 28 If theoffensecitedinparagraphonehasbeencommitted byforceorthreatof Procedures fortheReceiptandDeliveryofPrisoners When aThaiprisonerhasbeenreceivedintheTransferringState, Any Thaiprisonerwhoshallescapefromcustody in thecourseof The Committeeshallissueanorderapprovingordisapprovingthe When aforeignprisonerhasbeendelivered,the The receiptanddeliveryoftheThaiforeignprisonerstobe CHAPTER 5 CHAPTER 6 Penalty Clause 140 NARCOTIC LAWS OF THAILAND 141 Any Thai prisoner who shall resist or fail to comply with the who shall resist or fail to comply Any Thai prisoner The Committee shall be empowered to settle an offense under Section 33 The Committee shall be empowered With respect to a Thai prisoner, an offense against Section 32 or Section 33, prisoner, an offense against Section With respect to a Thai Section 34 If an offense under this Section has been committed by the possession of or with the of or with by the possession has been committed under this Section If an offense Section 33 Section 35 When the offender has paid a fine prescribed by the settlement, the case shall be When the offender has paid a fine by the settlement, the Committee or the If the offender does not pay the fine prescribed arrangements made by the responsible official pursuant to Section 17 or Section 30 or any by the responsible official pursuant arrangements made be the provisions of Section 31 shall shall resist or fail to comply with foreign prisoner who of not more than ten thousand Baht. than one year imprisonment or fine punishable by not more use of weapons or explosives, the offender shall be punishable by a penalty more severe by by a penalty more be punishable the offender shall or explosives, use of weapons in the preceding two paragraphs. half than that prescribed albeit committed outside the Kingdom, shall be considered an offense committed within the King- the Kingdom, shall be considered albeit committed outside dom. considered closed in accordance with the Criminal Procedures Code and the transfer of the considered closed in accordance with prisoner shall proceed accordingly. to the investigators for further legal proceedings. authorized official shall deliver the offender and for this purpose the Committee shall be empowered to authorize responsible officials or and for this purpose the Committee prescribing to the authorized officials the criteria and investigators to settle the offense, by provisions of settlement, as appropriate. NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 143 on THE ACT CHAPTER 1 Central Authority B.E. 2535 (1992) All other laws, regulations, rules, decrees, and announcement already All other laws, regulations, rules, decrees, The Prime Minister shall be the guardian of this Act and shall have the This Act shall come into force after ninety days upon its publication in the This Act shall come into force after This Act shall be called the “Act on Mutual Assistance in Criminal Matters, the “Act on Mutual Assistance This Act shall be called The Central Authority shall be the Attorney General or the person designated In this Act : MUTUAL ASSISTANCE IN CRIMINAL MATTERS IN CRIMINAL MUTUAL ASSISTANCE Section 6 Section 2 Section 3 Section 4 investigation, inquiry, prosecution, forfeiture “Assistance” means assistance regarding assistance from the Requested State; “Requesting State” means the state seeking whom an assistance for the Requesting State “Requested State” means the state from having authority and function to be the coordinator “Central Authority” means the person having authority and function to execute the “Competent Authorities” means the official Section 5 Government Ministerial Regulations shall become effective upon publication in the Section 1 by him. Government Gazette. of property and other proceedings relating to criminal matters; of property and other proceedings relating is sought; state or in seeking assistance from a foreign state under in providing assistance to a foreign this Act; as notified by the Central Authority under this Act. request for assistance from a foreign state of this Act. authority to issue Ministerial Regulations necessary for the implementation Gazette. B.E. 2535.” shall be replaced by this Act. provided in or inconsistent to this Act NARCOTIC LAWS OF THAILAND conditions: assistance underthisAct. assistance toaforeignstateforthepurposeofexpeditiousconclusion; Thai GovernmentanddelivertotheRequestedState; to theCompetentAuthorities; accordance withSection11paragraphfiveor38twoasthecasemaybe. of theCentralAuthority,thenlattershallrefercasetoPrimeMinisterforhisrulingin the Board. matter totheBoardforitsopinionunlessprocesshasbeenotherwiseestablishedby under Section11hasalreadybeencompleted,theCentralAuthorityshallpromptlyrefer military offence. sovereignty orsecurity,crucialpublicinterests,internationalrelation,relatetoapolitical providing fororseekingassistancefromforeignstateswheresuchmattermayaffectnational shall provideopiniontoassisttheCentralAuthorityinconsiderationanddeterminationof its membersandonepublicprosecutordesignatedbytheBoardasSecretary.The of theAttorneyGeneral,aswellotherdistinguishedpeoplenotmorethanfourpersons Defence, theMinistryofForeignAffairs,Interior,Justice,Office Section 9 Section 8 Tocarryoutotheractsnecessaryforthesuccessofprovidingorseeking (6) ToissueregulationsorannouncementfortheimplementationofthisAct: (5) Tofollowandexpedite theperformanceofcompetentAuthoritiesinproviding (4) Toconsideranddeterminewhethertoprovideorseekassistance; (3) Toreceivethe request seekingassistancepresentedbytheagencyofRoyal (2) ToreceivetherequestforassistancefromRequestingStateandtransmit it (1) Section 7 If thereshallbeadissentbetweentheopinionofBoardanddetermination When anassistanceissoughtunderSection10or36andtheprocess Theprovidingofassistance toaforeignstateshallbesubjectthefollowing The CentralAuthorityshallhavethefollowingauthorityandfunctions: There shallexistaboardcomprisingrepresentativesfromtheMinistryof Providing ofandSeekingforAssistance. General Provisions CHAPTER 2 144 PART 1 NARCOTIC LAWS OF THAILAND 145 The Central Authority shall transmit the request for assistance from a The state having a mutual assistance treaty with Thailand shall submit The state having a mutual assistance Upon receipt a request for assistance from a foreign state, the Central Upon receipt a request for assistance A request for assistance shall conform to the forms, regulations, means and conditions A request for assistance shall conform Section 11 of assistance, and in line with the process, as If such request is eligible for the providing of assistance, or must be subject to some If such request is not eligible for the providing interfere If the Central Authority is of the view that the execution of a request may assistance A determination of the Central Authority with regard to the providing of Section 12 (1) treaty between no mutual assistance even there exists may be provided Assistance (2) must be an offence punishable under act which is the cause of a request The (3) or affect national sovereignty or security, A request may be refused if it shall (4) The providing of assistance shall not be related to a military offence. Section 10 defined by the Central Authority. supporting documents, the Central Authority shall well as accompanied by all appropriate Authorities for further execution. transmit the said request to the Competent is provided, or if it is not in line with the process or has essential conditions before the assistance the Central Authority not been accompanied by all appropriate supporting documents required, reasons thereof, or shall refuse to provide assistance and notify the Requesting State the request. indicate the required conditions, or the causes of impossibility to execute the pending its handling with the investigation, inquiry, prosecution, or other criminal proceeding it under certain in Thailand, he may postpone the execution of the said request or may execute conditions set by him and notify the Requesting State about that. shall be final, unless otherwise alterated by the Prime Minister. foreign state to the following Competent Authorities for execution: its request for assistance directly to the Central Authority. The state which has no such treaty its request for assistance directly to channel. shall submit its request through diplomatic whether such request is eligible for the providing of Authority shall consider and determine the process correctly as well as accompanied by all assistance under this Act and has followed appropriate supporting documents. Thailand and the Requesting State provides that such state commits to assist Thailand under to assist Thailand such state commits State provides that and the Requesting Thailand when requested; the similar manner state have a mutual assistance treaty when Thailand and the Requesting Thai laws unless however, that the assistance must the treaty otherwise specifies provides, between them and provisions of this Act; be conformed to the offence; interests of Thailand, or relate to a political other crucial public NARCOTIC LAWS OF THAILAND thereof aswelldeliveralldocumentsandarticlesconcernedtotheRequestingState. have alreadyreportedtotheCentralAuthority,Authorityshallnotifyresult Authorities shallreporttotheCentralAuthoritycausesthereof. together withalldocumentsandarticlesconcernedtotheCentralAuthority. Competent Authoritiesshallexecutesuchrequestand,aftercompletion,submitareport General ofthePoliceDepartmentandChiefPublicProsecutorforLitigation. transmitted totheDirectorGeneralofCorrectionalDepartment. shall betransmittedtotheChiefPublicProsecutorforLitigation; document andevidenceintheCourt,aswellrequestforforfeitureorseizureofproperties Director GeneralofthePoliceDepartment; seizures documentsorarticles,andtherequestforlocatingpersonsshallbetransmittedto evidence outofCourt,therequestforservingdocuments,searches, Sate requiresadocumentto beauthenticated,theCompetentAuthoritiesshallhave thepower Authorities. the InquiryOfficialshallreportanddeliverallevidence derivedtherefromtotheCompetent Procedure Code. document orarticleinaccordancewithrules,means,and conditionssetforthintheCriminal evidence asrequestedunderparagraphoneand,if necessary,tosearchandseizeany Competent Authoritiesshalldirectaninquiryofficialtoexecutesuchrequest. statement ofpersonsorgatheringevidencelocatedinThailandatthestageinquiry, Section 14 In caseofimpedimentorimpossibilitytoexecutetherequest,Competent Section 13 TherequestforinitiatingcriminalproceedingsshallbetransmittedtotheDirector (4) Therequestfortransferringpersonsincustodytestimonialpurposesshallbe (3) Therequestfortakingthetestimonyofpersonsandwitnessesoradducing (2) Therequestfortakingstatementofpersons,orprovidingdocuments,articles,and (1) Section 16 When thetakingstatementofpersonsorgathering evidence hasbeenfinished, The InquiryOfficialshallhaveauthoritytotakestatement ofpersonsorgathering Section 15 When theCompetentAuthoritiesfinishedexecutionofarequestand If themutualassistancetreaty betweenThailandandtheRequesting Upon receiptarequestforassistancefromthecentralAuthority, Upon receipttherequestforassistancefromaforeignstatetotake Inquiry andProducingEvidence 146 PART 2 NARCOTIC LAWS OF THAILAND 147 PART 3 Providing of Documents and Information in the Possession of Government Agencies Upon receipt the request for assistance from a foreign state to provide Upon receipt the request for assistance Upon receipt the request for assistance from a foreign state to take the for assistance from a foreign Upon receipt the request In providing of documents according to the request for assistance from a If the documents or information sought under Section 18 are those should If the documents or information sought Section 18 Section 19 Section 17 the Court having jurisdiction shall have the power to apply to The Public Prosecutor the Public Prosecutor shall apply to the court After the completion of testimony, Section 20 documents or information in the possession of the agencies of the Royal Thai Government, the documents or information in the possession to the agency having such documents or information Central Authority shall transmit the request shall submit the said documents or information to the in its possession, and the said agency Central Authority. testimony of witness in Thai Court, the Central Authority shall direct the public prosecutor to shall direct the public prosecutor in Thai Court, the Central Authority testimony of witness execute such request. the witness or who has in possession residence of the person who will be over the domicile or for the testimony or adducing of the or other evidence, and request or keep the documents the case conforming to the provisions Court shall have the power to try evidence, and the enshrined in the Criminal Procedure Code. as well as other evidence and deliver all to the Central requesting for the record of testimony Authority for further operation. to instruct the person in charge of keeping the said document to attest it in accordance to attest it in the said document of keeping the person in charge to instruct the Central Authority. or as defined by in the treaty and means specified with the forms foreign state under this part, the official in charge of keeping such documents shall attest them, foreign state under this part, the official in charge of keeping such documents unless otherwise in accordance with the forms and means defined by the Central Authority specified by the treaty, then the provisions of the treaty shall prevail. not be published and the agency maintaining such documents or information considers it not be published and the agency maintaining such documents or information or possible to impossible to disclose or should not disclose the said documents or information, the Central disclose them under certain conditions, the said agency shall acknowledge disclosure of such Authority the causes of impossibility or the conditions required for the documents or information. NARCOTIC LAWS OF THAILAND the CentralAuthority. the certificatethereoftoCentralAuthority. article, aswellintegrityofitscondition,andshall deliverthesaidarticletogetherwith compliance withtherequestforassistanceshallcertify the continuityofcustody,identity relating tosearchundertheCriminalProcedureCodeshall beapplied,mutatismutandis. do so. warrant ofsearchandseizeinaccordancewiththelaw,ifthereshallbeareasonablegroundto seize anddeliveranyarticle,theCompetentAuthoritiesshallhavepowertosearchorissuea is notanationalofsuchstate. document callingforhisappearancebeforeanauthorityorthecourtinRequestingState,ifhe instruction oftheauthorityorCourtshallnotbeappliedtopersonservedwitha provisions ofthetreatyshallprevail. means definedbytheCentralAuthorityunlessotherwisespecifiedintreaty,then appearance. Authorities shallservethesaiddocumentforareasonabletimepriortoscheduled appearance ofapersonbeforeanauthorityorthecourtinRequestingState,Competent Authority. documents, theCompetentAuthoritiesshallexecutesuchrequestandreporttoCentral The certificatethereofshallbeintheformandline withthemeansdefinedby Section 25 Section 24 Section 23 Section 21 Section 22 The resultofservicedocumentsshallbereportedinaccordancewiththeformsand If thelegaldocumenttobeservedunderrequestissuchthatrequiring The provisionsregardingpenaltyincaseofnon-compliancewiththelawful Upon receipttherequestforassistancefromaforeignstatetoservelegal Upon receipttherequestforassistancefromaforeignstatetosearchor The CompetentAuthoritiesconductingsearchorseizure ofarticlein As regardsthesearchandseizureunderSection23,provisions Serving Documents Search andSeizure 148 PART 4 PART 5 NARCOTIC LAWS OF THAILAND 149 PART 7 PART 8 PART 6 Locating Persons Initiating Proceedings upon Request The Competent Authorities shall have the power to keep the person The Competent Authorities shall have Upon receipt the request for assistance from a foreign state which is The period during which a person is transferred to testify in a foreign The period during which a person Upon receipt the request for assistance from a foreign state to transfer a for assistance from a foreign Upon receipt the request Upon receipt the request for assistance from a foreign state to locate the Upon receipt the request for assistance Upon receipt the report from the Competent Authorities under Section 28, Upon receipt the report from the Competent Transferring Persons in Custody for Testimonial Purposes Transferring Persons Section 26 paragraph one shall be in line and admission of the person under The transportation Section 27 Section 28 Section 29 Section 31 Section 30 state under the custody of the Requesting State shall be deemed as the period he is in custody state under the custody of the Requesting in Thailand. the transferred person to the Requesting State. the Central Authority shall promptly return person in custody in Thailand to testify in the requesting State or to transfer a person in custody Thailand to testify in the requesting person in custody in it Authority, upon determining State to testify in Thailand, the Central in the Requesting thereto, shall notify the Competent person to be transferred consents necessary and the or admit the said person. Authorities to transport set forth in the Ministerial Regulations. with the rules, means and conditions transported from a foreign state in custody for the purpose of testimony during his presence in transported from a foreign state in custody Authority when such testimony has been finished. Thailand, and shall report to the Central competent to initiate criminal proceeding but wishes the proceeding which is subject to the competent to initiate criminal proceeding but wishes the proceeding which consider whether it jurisdiction of Thai Court to be initiated in Thailand, the Central Authority shall Authorities is appropriate to initiate the proceeding requested, if so shall notify the Competent and shall have such under the Criminal Procedure Code to carry out the said proceeding Competent Authorities to report the result thereof. person, required by the Requesting State for the purpose of investigation, inquiry, prosecution or person, required by the Requesting State Authorities shall other criminal proceedings, who is believed to be in Thailand, the Competent detect his location and report to the Central Authority. NARCOTIC LAWS OF THAILAND documents tobesentthereto shallbeinlinewiththeforms,rules,means,and conditions request totheCentralAuthority. inquiry himselforauthorizesanyofficialtoconductanonhisbehalf. properties orfortheissuanceofanorderseizingthem. jurisdiction overthelocationofpropertiesforpassingjudgementforfeitingsuch seize propertieslocatedinThailand,theCompetentAuthoritiesshallapplytoCourthaving to berendereduseless,ordestroyed. shall becomethepropertiesofState,butCourtmaypassjudgementforsuch regard, mutatismutandis. the trail,adjudication,anissuanceofordertoforfeitorseizepropertiesinthis Procedure CodeandthePenalshallbeappliedtoinquity,applicationofmotion, may nothavetakenplaceintheterritoryofThailand. this Sectionshallbeeffectiveeventheoffencewhichiscauseofsuchforfeitureorseizure properties tobeseizedprovidesthattheyareseizableunderThailaws. the judgementhasnotbecomefinalyet,Courtmaydeemitappropriatetoorder passed itsjudgementorafterthepassingoftoforfeitsuchpropertiesbut under Thailaws. adjudicated tobeforfeitedbythefinaljudgementofaforeigncourtandtheyareforfeitable state maybeforfeitedbythefinaljudgementofCourtifsuchpropertieshavebeenpriorly Section 37 Section 36 Section 33 Under paragraphone,theCompetentAuthoritiesshall,ifitisnecessary,conductan Section 32 Section 35 Section 34 The forfeitureorseizureofpropertiesbythejudgementorderCourtunder If thepropertieswereadjudgedtobeseizedbyaforeigncourtbeforeCourt TheprovisionsrelatedtoforfeitureofpropertiessetforthintheCriminal ThepropertiesforfeitedbythejudgementofCourtunderthispart Thepropertiesspecifiedintherequestforassistancefromaforeign Upon receipttherequestforassistancefromaforeignstatetoforfeitor The agencyseekingassistancefromaforeignstate shallpresentits The requesttoseekassistance fromaforeignstateincludingall Forfeiture orSeizureofProperties Seeking Assistance PART 10 150 PART 9 NARCOTIC LAWS OF THAILAND 151 Costs CHAPTER 3 The requesting agency shall comply with the commitment of Thailand shall comply with the commitment The requesting agency The Central Authority shall consider whether it is appropriate according it is appropriate consider whether Authority shall The Central All evidence and documents derived under this Act shall be deemed as All evidence and documents derived No person entering to testify or give statement in Thailand in accordance No person entering to testify or give All costs related to the providing of assistance to a foreign state and in Section 42 Section 38 to the request seeking for of the Central Authority in regard A determination Section 39 The requesting agency shall also comply with the commitment of Thailand towards The requesting agency shall also comply Section 40 cease when the person, having had the The safeguard in paragraph one shall Section 41 assistance shall be final unless otherwise instructed by the Prime Minister. final unless otherwise instructed by the assistance shall be defined by the Central Authority. defined by to request assistance from a foreign facts and supporting documents, to regulations, details, thereof. the requesting agency his determination state, and then notify requesting assistance from a foreign state shall be in line with rules, means, and conditions set requesting assistance from a foreign state shall be in line with rules, means, forth in the Ministerial Regulations. the Requested State regarding the confidentiality of the requested information or evidence the Requested State regarding the is necessary for the public trial which is the consequence unless such information or evidence or other criminal proceeding referred to in the request. of the investigation, inquiry, prosecution of process or be detained or subject to any other with this Act shall be subject to service of any acts which preceded his departure from the restriction of personal liberty by reason Requested State. consecutive days after notification that his presence opportunity to leave Thailand within fifteen authorities, shall have nonetheless stayed in or was no longer required by the appropriate voluntarily returned after having left Thailand. towards the Requested State regarding the use of information or evidence for the purposes State regarding the use of information towards the Requested specified in the request. admissible for hearing. NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 153 In Drug-Related Offences In Drug-Related Adopted in Bangkok, Thailand, on 17 November 2000 Adopted in Bangkok, as amended and approved in Hanoi, Vietnam, on 7 June 2001 in Hanoi, Vietnam, on 7 June as amended and approved By the Mutual Legal Assistance Advisory Committee (MLAAC) Assistance Advisory Committee By the Mutual Legal and as amended and confirmed in Beijing, China, on 9 August 2002 confirmed in Beijing, China, on 9 August and as amended and Recommendations on Mutual Legal Assistance on Mutual Legal Recommendations The Mutual Legal Assistance Advisory Committee of the Six signatory countries to the The Mutual Legal Assistance Advisory to enhance co-operation among Aware of the determination of all MOU-countries legal assistance (MLA) with respect to these Mindful of the fact that effective mutual Nations Convention against Illicit Traffic in Emphasising the significance of the United have not yet ratified the 1988 Convention, but Noting that some of the MOU-countries that are not yet parties to the 1988 Noting with satisfaction that those MOU-countries legislation Noting also that the majority of the MOU-countries do not yet have specific Realising that there is a need for an agreed arrangement among all MOU-countries Recognising that MLA complements existing Law Enforcement co-operation needs of the Believing that an agreed arrangement that takes into account the special for the has decided to recommend to all MOU-countries to expeditiously provide Memorandum of Understanding (Kingdom of Cambodia, People’s Republic of China, Lao Memorandum of Understanding (Kingdom of Myanmar, Kingdom of Thailand and the Socialist People’s Democratic Republic, Union MOU-countries”), established under the UNDCP project Republic of Vietnam; hereinafter “the and Prosecutorial Drug Control Capacity in East Asia”). AD/RAS/97/C74 (“Strengthening of Judicial crimes; themselves in their combat against drug-related any international co-operation in this field; crimes constitutes the cornerstone of 1988, (hereinafter “the 1988 Convention”), and Narcotic Drugs and Psychotropic Substances, particularly Article 7 on MLA; considered by these countries as an appropriate Article 7 in that Convention is generally field; frame-work for any MLA scheme in this Convention are seriously considering ratification of the same; facilitating MLA; with respect to MLA to be made as soon as possible; mechanisms; complement or MOU-countries can at any rate function as an independent scheme or a desirable even substitute to Article 7 of the 1988 Convention, NARCOTIC LAWS OF THAILAND ARTICLE 1 implementation oftheMLAprinciplesandproceduressetoutinthisdocumentasfollows: ARTICLE 2 stipulated inthefutureamongMOU-countries. Recommendations shouldincludethefollowingmeasures: the appropriatelegalframework. defined inArticle3,paragraph1,ofthe1988Convention.Ifnecessary,countriesshallcreate in investigations,prosecutionsandjudicialproceedingsrelationtodrug-relatedoffences,as facilitate theformulationofarequestbythatauthoritypursuant totheseRecommendations. authority ininitiating,undertaking,orconcludinginquiries andcriminalproceedingsorcould competent authoritiesinanotherStatewheretheybelievethatsuchinformationcouldassistthe country should,withoutpriorrequest,transmitinformationrelatingtodrug-relatedoffencesthe These Recommendationsshallnotaffectobligations alreadystipulatedortobe MLAtobeaffordedinaccordancewiththeprincipleslaiddownthese 2. TheMOU-countriesshallaffordtoeachotherthewidestpossible measureofMLA 1. .Intheframeworkofapplicabledomesticlaw,competentauthoritiesone 3. )ProvidinganyothertypeofMLAallowedbythenationallawrequested j) Assistingintheavailabilityofdetained personsorotherstogiveevidence i) Locatingor identifyingpersonsorobjects; h) Identifying ortracingproceeds,property,instrumentalitiesotherthingsfor g) Providingoriginalsorcertifiedcopiesofrelevantdocumentsandrecords, f) Providinginformation, evidentiaryitems,andexpertevaluations; e) Examiningobjectsandsites; d) Executionofsearchesandseizures,freezingassets; c) Effectingservice ofjudicialdocuments; b) Takingevidenceorstatementsfrompersons; a) -Scopeofapplication -Otherarrangements State. assist ininvestigations;and evidentiary purposes; including official,bank,financial,corporateorbusinessrecords; 154 NARCOTIC LAWS OF THAILAND 155 prosecution, or proceeding; which the request relates; for the purpose of service of judicial relevant laws except in relation to requests documents; State wishes to be followed; - Designation of central authorities of central - Designation - Contents of requests a) The identity of the authority making the request; b) conducting the investigation, The name and the functions of the authority c) or proceeding to The subject matter and nature of the investigation, prosecution d) alleged to constitute the offence and a statement of the A description of the facts e) A brief description of the assistance sought; f) concerned, where necessary; The identity, location, and nationality of the person g) reasons for and details of any procedure or requirement that the Requesting The h) Specification of any time-limit to be complied with; i) Other necessary information. 2. Requests and supporting documents shall be written in or accompanied by a 3. The Requested State may request additional information. 4. A request for assistance shall not require certification or authentication. 1. for MLA shall be made in writing or by any means capable of producing a Requests 1. that shall have the respon shall designate a central authority Each MOU-country 2. UNDCP shall be designated as soon as possible and Such authorities shall be translation into the official language of the Requested State or the English language. translation into the official language of the Requested State or the English written record. A MLA-request shall contain: sibility and power to make and receive requests for MLA and either to execute them or to transmit make and receive requests for MLA sibility and power to in authority shall play a crucial role authorities for execution. The central them to the competent and setting priorities. execution of requests, controlling quality, ensuring the speedy informed accordingly. ARTICLE 4 ARTICLE 3 ARTICLE NARCOTIC LAWS OF THAILAND ARTICLE 5 ARTICLE 7 ARTICLE 6 purposes shallbereturnedassoonpossibleunlesssuch rightofreturniswaived. Requesting Stateofthereasonsforpostponement. to investigationorprosecutionintheRequestedState.TheStateshallinform the requestinmannerandwithintimelimitsspecifiedrequest. the RequestedState.ToextentnotcontrarytolawofState,itshallcarryout these conditions,itshallcomplywiththem. may begrantedsubjecttocertainconditions.IftheRequestingStateacceptsassistanceunder Any property,recordsordocumentshandedovertotheRequesting Stateforevidentiary Executionofassistancemaybepostponediftherequestrelatestoanoffencesubject 2. Requestsforassistanceshallbecarriedoutinaccordancewiththedomesticlawof 1. Reasonsshallbegivenforany refusal ofmutualassistance. 4. Beforerefusingarequest,theRequestedStateshallconsiderwhetherassistance 3. StatesshallnotdeclinetorenderMLAonthegroundsofbanksecrecy. 2. Assistancemayberefusedif: 1. )TherequestisnotmadeinconformitywiththeprovisionsofArt.4these d) TheRequestedStateisrequiredtocarryoutcompulsorymeasuresinconsistent c) Therearegroundstobelievethattherequesthasbeenmadeforpurposeof b) TheRequestedStateisoftheopinionthatrequest,ifgranted,wouldprejudice a) -Refusalofassistance -Executionofrequests - ReturnofmaterialtotheRequestedState Recommendations. with itslaw; reasons; political opinionsorthatperson’spositionmaybeprejudicedforanyofthose prosecuting apersononaccountofrace,sex,religion,nationality,ethnicoriginor its sovereignty,security,publicorderorotheressentialinterests; 156 NARCOTIC LAWS OF THAILAND 157 - Right or obligation to decline to give evidence - Obtaining evidence - Service of documents - Protection of confidentiality - Limitation on use - Limitation 1. to do so if the law of the Requested A person required to give evidence may decline 2. to give evidence under the law If a person claims a right or obligation to decline 1. testimony for transmission to The Requested State shall take sworn or affirmed 2. modern technologies, Where possible and allowed for by domestic legislation, 3. Upon request and within the limits of the domestic law of the Requested State, Upon request, the Requested State shall endeavour to keep confidential the request Upon request, the Requested State of documents that are transmitted to it. The Requested State shall effect service The Requesting State shall not transmit or use information or evidence provided for shall not transmit or use information The Requesting State or that of the Requesting State permits or requires him/her to do so in similar circumstances. or that of the Requesting State permits or requires him/her to do so in similar as to the existence or of the other State, a certificate of the competent authority of that other State non-existence of that right or obligation shall be submitted and relied on. the Requesting State. be considered as an option in the taking of statements including telephone and video link, shall or testimony. representatives and the parties to the relevant proceedings in the Requesting State, their legal representatives of the Requesting State may be present at these proceedings. for assistance and its contents. If the Requested State cannot comply with the requirement of for assistance and its contents. If the the Requesting State. confidentiality, it shall promptly inform investigations, prosecutions and proceedings other than those stated in the request without and proceedings other than investigations, prosecutions disclosure of information or evidence the Requested State. However, the the prior consent of for an accused person is allowed. that is exculpatory ARTICLE 12 ARTICLE 11 ARTICLE 10 ARTICLE 9 ARTICLE 8 ARTICLE NARCOTIC LAWS OF THAILAND ARTICLE 13 ARTICLE 14 inviting aperson: spent incustodybothtransitandtheRequestingState. is nolongerrequiredtobeheldincustody,thatpersonshallsetatliberty. person’s presenceisnolongerrequired. return himorherattheconclusionofmatterunderinvestigationsuchearliertimeasthat may refusetogranttransititsownnationals. custody throughtheterritoryofanotherMOU-countryshallbegrantedonapplication.Acountry purpose ofstandingtrial. give evidenceorassistintheinvestigations.Transferunderthisparagraphshallnotbefor custody may,subjecttohisorherconsent,betemporarilytransferredtheRequestingState by theRequestingState. travel andsubsistenceexpensespayablebytheRequesting State. person toappearasawitnessorexpertinproceedings or toassistininvestigations. .TheRequestingStatemayrequesttheassistance oftheRequestedStatein 1. Thepersonshallreceivecreditforserviceofthesentencebeingservedtime 5. WheretheRequestedStateadvisesRequestingthattransferredperson 4. TheRequestingStateandthetransitshallholdthatpersonincustody 3. Inacasecomingwithintheimmediatelyprecedingparagraph, transitofapersonin 2. Uponrequest,andiftheRequestedStateagreesitslaw permits,anypersonin 1. .Upon request,theRequestedStatemaygrantpersonanadvance,toberefunded 4. Therequestorthesummonsshallindicateapproximateallowancesand 3. Onreceiptoftherequest,RequestedStateshallfacilitate invitationofthe 2. )Toassistintheinvestigations inrelationtoadrugoffenceoranotherrelated b) Toappearinproceedingsrelationtoadrug-relatedoffence,unlessthatperson a) -Availabilityofpersonsincustodytogiveevidenceorassist - -Availabilityofotherpersonstogiveevidenceorassistin - criminal matter. is thepersoncharged;or investigations investigations 158 NARCOTIC LAWS OF THAILAND 159 - Search and seizure; and freezing of assets - Provision of publicly available documents and other records - Provision of publicly available - Safe conduct a) punished, subjected to civil shall not be detained, prosecuted, That person b) be required to give shall not, without that person’s consent, That person The Requested State shall, in so far as its law permits carry out requests for search and The Requested State shall, in so far as its law permits carry out requests for 1. copies of documents, information, or official The Requested State shall provide 2. or The Requested State may provide copies of any other document, information 2. if that person, being The immunity provided for in this Article shall cease to apply 3. to a request pursuant to Article 13 or accept an A person, who does not consent 1.in the Requesting State or in the whatever his/her nationality, is Where a person, seizure, freezing of assets and delivery of any material to the Requesting State for evidentiary seizure, freezing of assets and delivery of any material to the Requesting purposes, provided that the rights of bona fide third parties are protected. records in its possession in so far as they are open to public access as part of a public register. records in its possession in so far as the same conditions as they would be provided to its own official record in its possession under law enforcement and judicial authorities free to leave, has not left the Requesting State within a period to 15 consecutive days after free to leave, has not left the Requesting or her presence is no longer required by the Requesting having been officially notified that his State or, having left, has voluntarily returned. by reason, thereof, be liable to any penalty or subjected invitation pursuant to Article 14 shall not, to any coercive measure. liability or to any restrictions of personal liberty in respect of any acts, omissions or convictions of personal liberty in respect liability or to any restrictions State; departure from the Requested that preceded the person’s other than that to which the request in any other investigation or proceeding evidence or assist relates. transit State pursuant to a request for MLA: transit State pursuant ARTICLE 17 ARTICLE 16 ARTICLE 15 ARTICLE NARCOTIC LAWS OF THAILAND ARTICLE 18 ARTICLE 20 ARTICLE 19 in thefacilitationofMLA. and conditionsunderwhichcostsofasubstantialorextraordinarynaturewillbeborne. unless otherwisedetermined.Thecountriesshallconsultinadvancetodeterminetheterms sharing withtheRequestingState. the precedingparagraph,RequestedStateshouldgivepriorityconsiderationtoappropriate restraint orconfiscationofproceeds,property,instrumentalitiesdrugoffences. The MOU-countriesshallconsultandco-operatewitheachotheronanyissuearising The ordinarycostsofexecutingarequestshallbebornebytheRequestedState, Whereproceeds,property,orinstrumentalitiesareconfiscatedinaccordancewith 2. TheRequestedStateshall,insofarasitslawpermits,carryoutrequestsforthe 1. -Costs -Confiscationandsharingofassets -Consultationandco-operation 160 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND December B.E.2490 (1947). th 161 December B.E. 2490 th Year of the Present Reign. nd by Sea B.E. 2490 (1947) by Sea B.E. 2490 THE COUNCIL OF REGENCY THE COUNCIL OF Given on 15 Being the 2 ——————————————————— Act on Authorizing the Naval Officers Authorizing the Act on This Act is called the “Act on Authorizing the Naval Officers for This Act is called the “Act on Authorizing This Act shall come into force as from the day following the date of its This Act shall come into force as from In this Act, “Naval Officer” means the naval officer in charge having the In this Act, “Naval Officer” means the Where there is an act or reasonable ground to suspect that there is an act of for Suppressing Some Offences Committed for Suppressing (No.4) B.E.2534 (published in the Government Gazette Vol.108 Part 240 (Special Edition) Page 73, dated 29 (No.4) B.E.2534 (published in the Government Gazette Vol.108 Part 240 (Special Edition) Page December B.E.2534) Whereas it is expedient to facilitate the suppression of the smuggling of rice and some Whereas it is expedient to facilitate the and consent of the National Legislative His Majesty the King, with the advice Section 1 : Section 2 : ** Lately amended by the Act on Authorizing the Naval Officers for Suppressing some Offences committed by Sea * Vol.64 Part 61 Page 735, dated 16 Published in the Government Gazette Section 3 : Section 4 : IN THE NAME OF HIS MAJESTY KINGIN THE NAME OF BHUMIBOL ADULYADEJ, REX. other commodities by sea. to proclaim as follows: Assembly, is therefore graciously pleased Suppressing Some Offences Committed by Sea B.E. 2490”. Suppressing Some Offences Committed publication in the Government Gazette.* or the foreign smuggling of rice or other commodities or narcotics out of or into the Kingdom with foreign country national comes in or is brought in the Kingdom by sea, water way connected under the law on or water way to the sea or there is an act of fishing in the sea as an offence and food in crisis, surveying and forbidding the hoard of rice, law on controlling the commodities law on immigration or law on exporting and importing of goods, law on minerals, law on narcotics, inquiry as well as law on fishery; the naval officer shall have power to make an investigation and perform or order the performance of the following activities, as may be necessary; rank of Sub-Lieutenant and posting as Commanding Officer, Commander of Flotilla or other rank of Sub-Lieutenant and posting Chief, Royal Thai Navy in the Government Gazette as its posts prescribed by the Commander-in having the rank of Sub-Lieutenant specifically appointed equivalent or the naval officer in charge Navy and prescribed in the government Gazette.** by the Commander-in-Chief, Royal Thai NARCOTIC LAWS OF THAILAND Prime Minister Kuang Apaivong Countersigned by control oftheexecutionthisAct. shall notbeincludedinthetimeforkeepingaccused incustodyoftheinquiryofficial. the timeforkeepingaccusedincustodybefore inquiryofficialreceivestheaccused Department ortheGovernorofsuchprovince,ascase maybe. Chief, theRoyalThainavalshallexercisepowerofDirector-GeneralPolice opinion thataprosecutionordershouldbemadetothepublicprosecutor,Commanderin to theCriminalProcedureCodeincasewherenavalofficersubmitsfileofinquiryand power astheinquiryofficialaccordingtoCriminalProcedureCode. power asthesuperioradministrativeorpoliceofficialaccordingtoCriminalProcedureCode. Thai Navy. signs havetobepublishedintheGovernmentGazettebyCommanderChef,Royal according totheprecedingparagraphmayconductthroughasignorsings,butapplicable bring thevesselorpreventanyescape. resisted, thenavalofficershallhavepowertodoanythinginorderforcethemobeyor used incommittinganoffencetostopthevesselorbringanyspecificplace.Ifthey order andforcethecaptaincrewsofvesselthathasbeenusedorissuspecttobe accused hastobereleasedorsenttheinquiryofficialtogetherwithfileofinquiry. has theotherorderiscasewhereaccusedprosecuted, inquiry orprosecution, other thingsinordertobringthevesselplaceconvenientmakeaninspection, in thevesselforexamining, Section 10: Section 9: Section 8 Section 7: Section 6: The orderorforcetostopthevesselbringanyspecificplace Section 5: toarrestandholdincustodytheaccusednotexceedingsevendays.Afterthat (4) toseizethearrestedvesseluntilthereisafinalnon-persecutionorderorcourt (3) toarrestthevesselandforcecaptaincrewstrailorconduct (2) toinspect,searchandforcethecaptaincrewsteardownorcarrythings (1) Inobjectionofnon-prosecutionorderthepublicprosecutoraccording : In makinganinquiryundersection4,thenavalofficershallhavesame In performingactivitiesinsection4,thenavalofficershallhavepowerto In casewherethenavalofficersendaccusedto the inquiryofficial, Besides thepowerinsection4,navalofficershallhavesame The MinisterofDefenceandInteriorshall have chargeand 162 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 163 B.E. 2546 (2003) BHUMIBOL ADULYADEJ, REX BHUMIBOL ADULYADEJ, The Witness Protection Act Protection The Witness Given on the 13th June B.E. 2546 (2003) Given on the 13th Being the 58th Year of the Present Reign Being the 58th Year but excluding an accused person who claimed himself/herself as a but excluding an accused person The Prime Minister, the Minister of Interior, the Minister of Defense and This Act shall come into effect after one hundred and eighty days as from This Act shall come into effect after one A request or obtaining of rights or beneficial according to this Act shall not This Act is called the “ Witness Protection Act B.E. 2546 “. This Act is called the “ Witness Protection In this Act, ——————————————————————— His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Adulyadej is graciously pleased His Majesty King Bhumibol on the witness protection; Whereas it is expedient to enact a law some provisions in relation to the restriction Whereas it is aware that this Act contains the King, by and with the advice and consent Be it, therefore, enacted by His Majesty Section 1 : Section 2 : Section 3 : or has given facts to competent investigation “Witness” means a person who will give rights of the “Safety” means safety in life, body, health, liberties, fame, property or any “Minister” means the Minister who is in charge of the enforcement of this Act. Section 4 : Section 5 : publication Such Ministerial Regulations and Rules shall come into force upon their witness. of rights and liberties of persons, in respect of which section 29 in conjunction with section 31, of rights and liberties of persons, in respect of the Kingdom of Thailand so permit by virtue section 36 and section 39 of the Constitution of law; of the House of Representatives, as follows: or the criminal court including special experts officials, inquiry officials, public prosecutors in criminal prosecution, witness before, during and after being a witness. the day following the date of its publication in the Government Gazette. the day following the date of its publication the Minister of Justice are in charge of the enforcement of this Act and has the power to issue the Minister of Justice are in charge of the enforcement of this Act and has for the enforcement ministerial regulations and rules, as well as appoint competent officials of this Act in relevant with duties and responsibilities of each ministry. in the Government Gazette. deprive rights or beneficial that are entitled to the witness according to other laws. deprive rights or beneficial that are entitled to the witness according to other NARCOTIC LAWS OF THAILAND consent ofthosepersons. affected becauseofthewitness’sdecisiontoparticipateinprotectionprogram,exceptno of thewitnessorotherpersonwhohascloserelationwithwitness,iftheirsafetyis measures ofprotectionasdeemedappropriateforhusband,wife,ascendantanddescendant criminal cases. deemed appropriateforstatusandsituationofthewitness,aswellnatureconcerned taking awayachildorminor, offencesprescribedinthelawonmeasuresprevention and procuring, seducingortaking forsexualgratificationofanotherperson,aswell offencesof corruption, orcustomslaw protection. other informationthatmayleadtoidentificationofthewitness. except withoutconsentofthewitness,andconcealmentname,familyaddress,photosor of theRoyalThaiPoliceorChiefgovernmentagencyconcernedofficials paragraph, shallbeoperatedinaccordancewiththerulessetbyCommissioner-General other officialsasrequested,andterminationofwitnessprotectionspecifiedinthefirst officials toprovideprotectionforthewitnesswhennecessaryandwithconsentofwitness. witness oranyinterestedpersons.Andsuchpersonsshallrequestpoliceofficersother Office mayprovideprotectionforthewitnessasdeemedappropriate,orrequestedby officials, enquirypublicprosecutors,thecriminalcourtorWitnessProtection Section 7: 3 OffencesrelatingtosexualityaccordingthePenalCode,specificallyon (3) OffencesrelatingtothesecurityofKingdomaccording totheCriminalCode (2) Offencesrelatingtodrugs,lawonmoneylaunderingcontrol, lawoncounter (1) Section 8: The witnessprotectionincludesprovisionofsafeaccommodationforthewitness, Notification andmethodsofthewitnessprotectiontobeprovidedbypoliceofficersor Section 6: In casewhensafetyofthewitnessmaybeatrisk,competentinvestigation General MeasuresfortheWitnessProtection Special MeasuresfortheWitnessProtection The witnessofanyfollowingcasesmayreceivespecial measuresof Upon requestofthewitness,concernedofficialsshalladoptgeneral Chapter 1 Chapter 2 164 Such provisionsareoperated as NARCOTIC LAWS OF THAILAND 165 being owner of prostitution activities, taking care of or activities, taking care of prostitution being owner The Office of the Witness Protection is in charge of operating any special The Office of the Witness Protection When it is clear or there is reasonable ground that safety of the witness is at When it is clear or there is reasonable (4)secret society and to organized crime, such as offences of Offences relating (5) penalty not less than ten years or more severe Offences with penalty (6) of the Witness Protection considered appropriate for Offences that the Office Section 9 : (1) Relocating or providing suitable accommodation (2) appropriate daily expense for the witness or dependents of the witness for Paying (3)order to change the witness’s name Coordinating with concerned agencies in (4) Assisting the witness to have career, or to receive training or education or (5) Assisting the witness to attain for their rights (6) a safety protection officer when needed Assigning Upon receiving the request in the first paragraph, the Minister for Justice or Upon receiving the request in the and operation in the second paragraph Submitting the request in the first paragraph Section 10 : criminal association stipulated in the Penal Code. This also includes other offences collectively stipulated in the Penal Code. This criminal association planning and network as a movement of criminals that has systematic committed by a group proportional secret organization. or complicated and providing the witness protection operation suppression of trafficking in women and children, the law on prevention and suppression prevention and the law on women and children, of trafficking in suppression relating to or offences of prostitution, in venue, or control of prostitutes activities or prostitution management of prostitution prostitution venue. measures for the witness protection as follows. measures for the witness protection as However each the period of no longer than one year, excepting the time has been extended. and totaling no extension of the protection operation should not be longer than 3 months longer than 2 years the return of the and the registered information that identify the witness, as well as to facilitate witness’s old status as requested by the witness others in order that the witness could lead their life appropriately designated person shall urgently consider the request. If there is reasonable ground that safety designated person shall urgently consider measures for the witness protection shall be ordered. of the witness is at risk, applying the special and conditions as stipulated in the ministerial shall be done following criteria, procedures regulation. risk, the witness or other stakeholder, the competent crime investigating officer, the inquiry risk, the witness or other stakeholder, submit a request to the Minister for Justice or authorized officer, or the public prosecutor may for the witness protection with the consent of the witness. person to adopt the special measures NARCOTIC LAWS OF THAILAND the witnessisunderprotectionprogram. evidence andtestimonytothecourt,orguiltyofestablishingfalseincasethat reason. no with evidence give to want not does witness The (4) measures ofthewitnessprotectionarenotnecessary. regulation ontheSpecialMeasuresofWitnessProtection. incidents. of implementingthespecialmeasureswitnessprotectionwhenthereisanyfollowing except noconsentofthosepeople. measures forwitnessprotectionshallbeappliedthosepeopleuponrequestofthewitness, of thefactthatwitnesswillparticipateinprotectionprogram,special witness, oranotherpersonwhohascloserelationwiththemaybeatriskbecause from revealingsuchoperation,exceptthepermissionisgrantedbyMinisterforJustice. request, suchoperationhastobekeptconfidentialandtheconcernedagencyisprohibited as appropriate to thisAct. of bothgovernmentandnon-governmentalorganizations forthesafetyofwitnessaccording and specialmeasures.Thisisincludedcoordination its operationwithconcernedagencies of Justiceandhasdutiesresponsibilitiesonproviding witnessprotectionofbothgeneral case accordingtothisActthrough notificationthemattertocourt. appoint itsofficialsgraduatedatleastbachelordegree oflaw,inordertoproceedthecivil 5 Thecourthasgiventhe finaljudgmentthatthewitnessisguiltyofgivingfalse (5) Thewitness’sbehaviourconcerningsafetyhaschangedandwhenthespecial (3) ThewitnessdosenotfollowtheMinisterialRegulationorMinistryofJustice’s (2) Asrequestedbythewitness (1) Section 12: Section 13: Section 11: If concernedagencyprovidesoperationinthefirstparagraphaccordingto Implementinganyothermeasurestohelpthewitnessgetsassistanceorprotection (7) Section14 : Office oftheWitnessProtectionandCriminalProsecution In caseitisdeemednecessary,theMinistryofJustice willbeableto The MinisterforJusticeorassignedpersonmayorderthetermination Office oftheWitnessProtectionshallbeestablished intheMinistry In casesafetyofhusband,wife,ascendantanddescendantthe Chapter 3 166 NARCOTIC LAWS OF THAILAND 167 Chapter 4 When the witness has given facts to the competent investigation When the witness has given facts The Injured persons are entitled to compensation specified under The Injured persons are entitled to In case damages occurred to life, body, health, liberties, reputation, occurred to life, body, health, liberties, In case damages If it appears later that the witness does not come, does not give a Expenses for the protection of the witness, husband, wife, ascendant, Compensation and Expenses for the Witness Compensation and According to this Act, authorized official or the public prosecutor responsible for responsible the public prosecutor official or to this Act, authorized According Section 15 : is applied according to the Ministry of Justice’s Compensation in the first paragraph denies the protection specified under In case a person under the first paragraph Section 16 : Section 18 : Section 19 : Criteria, procedure and consideration of the application shall follow the Ministry Criteria, procedure and consideration Section 17 : proceeding the case is exempt from all costs. the case is exempt proceeding descendant or another person of the witness or husband, wife, ascendant, property or any rights to criminal offence due to the willing with the witness, from intentional who has close relation such person is entitled to compensation as necessary become witness or being the witness, and appropriate. of Finance. regulations with approval of the Ministry be, such person is not entitled to compensation. sections 6, 7, 9 or 11 as the case may officials, inquiry officials, public prosecutors or has testified to the court, the witness is entitled officials, inquiry officials, public prosecutors and appropriate according to the Ministry of Justice’s to compensation as deemed necessary of Finance. However, in case the witness is being the regulations with approval of the Ministry injured person is the witness for the prosecution of the compoundable offence case that the to order the plaintiff, or being the witness for the defence, the court shall use its discretion with approval compensation not exceed the rate specified in the Ministry of Justice’s regulations of the Ministry of Finance. of the court statement or does not testify without appropriate reason, or the final judgment court, or offence of punishes the witness because of offence of giving false evidence to the descendant or other person who has close relation with the witness, shall be paid according descendant or other person who has close relation with the witness, shall to the Ministry of Justice’s regulations with approval of the Ministry of Finance. section 15 or heir is able to submit an application form to the Office of the Witness Protection section 15 or heir is able to submit an that the offense was known by such person. within one year started from the date of Justice’s regulations NARCOTIC LAWS OF THAILAND without delay,andtotakeadditionalevidenceasdeemed appropriate. document, information,ortoissueawarrantforconcerned authoritiesforapublicexamination by thecourt,howeverreasonsforexemptionshallbe recorded be exemptediftherearereasonablegroundstoextend durationoftimeasdeemnecessary and issueanorderwithinthirtydaysfromthedatethatcourtreceivedappeal.Thisshall are entitledtohearthejudicialproceedings,butallthesecourtshalltakeintoconsideration 11 orsection12.Andonlyconcernedpartieswiththecaseascourtconsideredappropriate with theOfficeofWitnessProtection’sorder. from thedateofreceivingorder. and thecaseisunderitsterritorialjurisdiction,orwheresuchpersonhasresidencewithin30days District CourtbuthasthepowertojudgecriminalcasesorMilitaryofFirstInstance appeal againstsuchorderbysubmittingapetitiontotheCourtofFirstInstancethatisnot section 19thatisnotthecourt’sorder,butsatisfiedwithsuchentitledtolodgean in thefirstparagraph. of theWitnessProtectiontoreimburseagencyforpaidcompensationorexpenses the dateofreceivingorderfromOfficeWitnessProtection. correspondingly inthesameamountthatstatehasalreadypaidwithin30daysfrom the protectionofwitnessandforotherpersonundersection18 or paythecompensationundersection1517,returnexpensesfor producing falseevidenceinthecasethatsuchpersoniswitness,hastoreturn The courtorderunderthisSectionshallbefinal. In ordertotaketheappealintoconsideration,court isempoweredtorequestfor The courtshallconfidentiallyconsiderthelodgingofanappealundersections6,7,9,10, The lodgingofanappealundersection19shallbeastayexecutioninaccordance All costsofthelodginganappealinfirstparagraphareexempt. An agencythatpaidthecompensationorexpensesshallcoordinatewithOffice Section 20: In caseapersonreceivinganorderundersections6,7,9,10,11,12,16,17or Chapter 5 Appeals 168 NARCOTIC LAWS OF THAILAND 169 Penalties Chapter 6 Chapter Any person disclose private secrets relating to residence, name, family private secrets relating to residence, Any person disclose In case the act under section 21 has the intention to deprive safety of In case the act under section 21 has Any person commits criminal offence against a person by reason of the fact Any person commits criminal offence against Section 21 : If the act under the first paragraph causes bodily harm or mental harm to such person, first paragraph causes bodily harm or If the act under the grievous bodily harm to such person, the If the act under the first paragraph causes death to such person, the perpetrator shall If the act under the first paragraph causes Section 22 : Section 23 : name, address, photos or other information leading to the identification of the witness, husband, or other information leading to the name, address, photos person having close relation with the of the witness, or other wife, ascendant, descendant a under the sections 6, 7, 10 or 11, in been under safety operation program witness, who have for imprisonment not exceeding one those persons are at risk, shall be liable way that safety of twenty thousand Baht, or both. year or a fine not exceeding the perpetrator shall be liable for imprisonment not exceeding two years or a fine not the perpetrator shall be liable for exceeding forty thousand Baht, or both. not exceeding five years or a fine not exceeding perpetrator shall be liable for imprisonment one hundred thousand Bath. seven years or a fine not exceeding one hundred and be liable for imprisonment not exceeding forty thousand Baht, or both. shall be liable to heavier punishment than that as such person under such section, the perpetrator half. stipulated under such section by one or descendant of such person, will become or has that such person, husband, wife, ascendant to heavier punishment than that as stipulated under such become the witness, shall be liable section by one half. Countersigned Pol.Lt.Col Thaksin Shinawatra Prime Minister NARCOTIC LAWS OF THAILAND Constitution oftheKingdomThailand,itisnecessarytoenactthisWitnessProtectionAct. system. Therefore,inordertoprovideprotectionforthewitnesslinewithprovisionsof for establishingfactinthelegalproceedings.Thishasanegativeimpactonjustice the witnesshasnotyetreceivedadequateprotection,eventhoughwitnessesareessential compensation asdeemednecessaryandappropriatefromtheState.However,atpresent witnesses inthecriminalcasesthattheyshallreceiveprotection,propertreatmentand the ConstitutionofKingdomThailandhasguaranteedrightspersonswhoare Note : Whereas thelawonWitnessProtectionhasbeeninforceforSection244of 170 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 171 (Section 4) Act B.E. 2544 (2001) Partial Extraction Act B.E. 2544 “Injured Person” means any person suffers an injury to the life, body or mind on any person suffers an injury “Injured Person” means with the commission of a any person has been charged in court “Accused” means money, property or any other benefit which the “compensation” (kha-tob-than) means property or any other benefit which the “expenses” (kha-thot-than) means money, for Injured Person and the Accused; “office” means the office of the compensation on the compensation consideration for Injured “Committee” means the committee the compensation for Injured Person “member” means a member who considers the law on prosecutor or military prosecutor “prosecutor” means the prosecutor under execution of “competent official” means a person appointed by the Minister for the of this “Minister” means the Minister having charge and control of the execution and control The Minister of Justice and the Minister of Finance shall have charge upon their Such Ministerial Regulations and Notifications shall come into force The Compensation for Injured Person and the Accused Person and for Injured The Compensation (Section 3) 1. Definition person without the injured person of a criminal offence by other account of the commission commission ; participating in such criminal offence; for compensating the damage on account of the Injured Person has the right to receive person; commission of a criminal offence by other account of becoming the Accused in a criminal case and Accused has the right to receive on if it appears from the final judgment of the case of has been detained during the trial shall, offence or the act of the Accused does not constitute that the Accused did not commit the an offence; Person and the Accused; and the Accused; Court; under the law on the organization of Military this Act; Act. Regulations and of the execution of this act and shall have the power to issue Ministerial Notifications to appoint competent officials for the execution of this Act. publication in the Government Gazette. NARCOTIC LAWS OF THAILAND right orbenefitwhichInjuredPersontheAccusedcanreceivebyanotherAct. GeneralProvisions 2. and mayappointnotmorethantwoassistantsecretaries. of rightsandlibertiesthepeople. persons havingapparentexpertsinthefieldsofmedicine,socialwelfareandprotection members appointedbytheCouncilofMinisters,withadviceMinister,from Department ofLabourProtectionandWelfare,theLawyersCouncilfivequalified Administration, DepartmentofProbation,theofficeMilitaryCourt,Corrections, Justice, theofficeofAttorney-General,MinistryFinance,DepartmentProvincial Justice aschairperson,representativeoftheRoyalThaiPolice,officeCourt for InjuredPersonandtheAccused”consistofPermanentSecretaryMinister TheCommittee 3. the RegulationsPrescribedbyCommittee. or expensesdevolveonthesufferingheirofInjuredPersonAccusedinaccordancewith compensation orexpenses,asthecasemaybe,righttoclaimandreceive Accused “whichistheGovernment agencyintheMinistryofJusticehaving following TheofficeoftheCompensationforInjuredPersonand theAccused 4. office toactonhisbehalf. implement theconsideration; summit anyconcerningevidentialdocumentsorinformation orothersubstantialthingsfor Ministerial RegulationsandNotificationsfortheexecutionofthisAct; rights ofInjuredPersonandtheAccusedinacriminalcase,includingissuance A claimoranacquisitionforanyrightbenefitofthisActshallnotexcludethe The chairpersonshallappointthecivilservantofMinistryJusticeassecretary, There shallbeaCommitteecalledthe“Committeeoncompensationconsideration In thecaseofInjuredPersonorAccusedwasdeadbeforereceiving There shallestablishthe“officeofcompensation forInjuredPersonandthe In theperformanceofdutiesunderthissection, committeemayentrustthe toperformotherdutiesforachievethe purposeundertheprovisionofthisAct. (4) toissuealetterofexaminationorsummonany person togivestatementor (3) togiveopinionstheMinisterrelatingmeasuresonprotectionof (2) toconsiderandapprovethecompensationorexpensesinthisAct; (1) The Committeeshallhavepowersanddutiesasfollows: (Section 8) 172 (Section 6) (Section 7) (Section 5) NARCOTIC LAWS OF THAILAND (Section 17) (Section 16) (Section 18) 173 (Section 15) (1) under body of the Committee and the Sub-Committee to execute as secretarial (2) the opinions for compensation or expenses with making to accept an application (3) for ascertaining Government agency or any person to coordinate with the other (4) of compensation information concerning the payment to collect and analyze the (5)Sub- perform any activity as entrusted by the Minister, the Committee or the to have any opinions that there shall charge under In the case of necessity, the office of Court fees. The charge under this section exempting Injured Person, which may apply for any An offence had been committed against as follows : The compensation under the section 17 (1) and shall include in particular any appropriate expenses for medical treatment (2) of Injured Person was dead, in amount any appropriate compensation in the case (3) appropriate damages for the loss of earning on account of disability to work any (4) any appropriate compensation for the other damage in according with the rates that Provided that, shall be in accordance with the rules, procedures and the for The Committee shall determine the manner and the extent of compensation this Act ; the Sub-Committee ; to the Committee or or expenses relating an application for compensation the facts or the opinions or expenses ; Committee. appoint the qualified civil savant with bachelor of law this Act. The Ministry of Justice may for having the powers to charge with or any process degree or above, of the Ministry of Justice, of Justice and then inform to the Court. concerning a case entrusted by the Ministry in the Schedule annexed to this Act. compensation shall be an offence specified ; expenses for physical and mental rehabilitation of prescribing in the Ministerial Regulation, normally, Committee mention. prescribed by the Ministerial Regulation gravity of an offence Injured Person had been received, according to the circumstance and opportunity of the and nature of damage which Injured Person was suffered including the Injured Person shall be remedied by other means. powers and duties : powers and 5. Person in a criminal case The compensation payment for Injured NARCOTIC LAWS OF THAILAND not recoveranyright,the Committee shalldeterminetheexpensesforanyright lossin judgment. Theorderfortherecoveryofanyrightlossaccording tosothatapplication,ifitcan prescribing intheMinisterialRegulation: the directcauseofbeingchargedinamountnotexceed prescribinginMinisterialRegulation; of beingcharged; for physicalandmentalrehabilitationwhentheillnessofAccusedwasdirectcause in custodyattherateprescribingforconfinementlieuoffineunderPenalCode; determined asthisfollows: Act. that Accusedwhowasdeadhastherighttoreceivecompensationandexpensesinthis another Accusedwhostillalive,onthegroundrelatingtonatureofanoffence,so the finaljudgmentandCommitteeconsiderstopaycompensationexpensesfor does notconstituteanoffence. judgement ofthecasethatAccuseddidnotcommitoffenceoract and issuedwithdrawalofacriminalprosecutionduringthetrial,oritappearsfromfinal Act shall ThecompensationpaymentfortheAccusedinacriminalcase 6. the MinistryofJustice,withinthirtydaysfromdatereceiptthereof. to InjuredPersonforreturningthecompensationwhichhadbeenreceived, compensation, wasnotguiltyorwithoutsothatcommission.TheCommitteeshallissueanotice (Section 20) In thecaseofanapplicationforrecoveryanyright lossondirectcauseofthat Provided that,shallbeinaccordancewiththerules, proceduresandtherate anynecessityexpensesforbeingcharged. (5) anydamagesforthelossofearningduringbeingcharged; (4) anycompensation inthecaseofAccusedwasdeadandsuchdeath (3) anyappropriateexpensesformedicaltreatmentincludesinparticular (2) anycompensationforbeingdetained shallbecalculatedfromthenumberofdays (1) The determinationofcompensationandexpensesinthesection20shallbe In thecasehasseveralAccused,ifanAccusedwasdeadbeforeCourt itappearsapparentevidencesthattheAccuseddidnotcommitoffence (3) hasbeendetained duringthetrial; (2) becomingtheAccused whohavebeenchargedbyprosecutor; (1) The Accusedwhohavetherighttoreceivecompensationandexpensesinthis If itappearsafterwardthatthecommissionwhichInjuredPersoninvokestoapplysuch 174 (Section 19) NARCOTIC LAWS OF THAILAND (Section 25) 175 (Section 23) (Section 22) (Section 21) Rules and Procedures of submission an application and procedures of determination Rules and Procedures of submission entitled to In the case of an applicant disagree with the decision of the Committee, be submit it The submission of an appeal in the first paragraph, an appealant shall has the In considerations of an appeal in the first paragraph, the Court of Appeal The Committee may determine the manner and the extent of expenses for the of expenses for and the extent the manner may determine The Committee an injury, be entitled to receive Accused or the heir who suffers from Injured Person, the or the heir who suffers from an injury was an In the case of Injured Person, the Accused an application shall be prescribed by the Committee mention with approved by the Minister. an application shall be prescribed by (Section 24 ) the decision. appeal to the Court of Appeal within thirty days from the date of receiving The decision of the Court of Appeal was final was located to the office or the Provincial Court of Justice where a residence of an applicant that was the in its jurisdiction, for serving it to the Court of Appeal, and it shall be deemed submission an appeal to the Court of Appeal in the so that first paragraph either take such power to hold preliminary examination to take additional evidences, it may evidences itself or may direct the Court of First Instance to do so. Accused had been received, with regard to the circumstance of an offence, the misery which received, with regard to the circumstance Accused had been shall be remedied the damage and the opportunity of the Accused the Accused was suffered by other means. 7. of application and the appeal submission of application, determination The an application to the Committee expenses in this Act, shall be submit compensation or the the office mention, in the period of one year from the at the office according to the form by commission of an offence or from the date of the Court date of Injured Person have known the of prosecution when it appears apparent evidences have order to approve the withdrawal or from the date of the final judgment of the case of that that the Accused did not an offender the act of the Accused does not constitute an offence, the Accused did not an offender or as the case may be. an application by oneself, the legal representative incompetent person or unable to submit descendant, husband or wife or any person who was or the guardian, the ascendant, the the Accused or the heir who suffers an injury, as the appointed by written from Injured Person, for compensation or expenses in according with the case may be, may submit an application Regulation which the Committee mention. according with its mention according NARCOTIC LAWS OF THAILAND both. with imprisonmentnotexceedingsixmonthsorfinetenthousandbaht, Committee, theSub-Committeeorcompetentofficial,withoutreason,shallbepunished document, evidenceorinformationothernecessitything,accordingtotheorderof sixty thousandbaht,orboth. official, shallbepunishedwithimprisonmentnotexceedingthreeyearsorfine compensation andexpensesinthisAct,totheCommittee,Sub-Committeeorcompetent exceeding sixtythousandbaht,orboth. of afalsehood,shallbepunishedwithimprisonmentnotexceedingthreeyearsorfine PenaltiesProvisions 9. the PenalCode. considerations submit theconcerningevidentialdocumentsorothersubstantialthingsforimplement application ; Thecompetentofficial 8. (Section 30) Whoever refusestogiveastatementorsendquestioningletter, Whoever givesstatementorproducesafalseevidenceinorderthatanapplicationfor Whoever submitsanapplicationforcompensationandexpenseswiththeassertion In theexecutionofthisAct,competentofficialshallbeaunder toissuetheletterofquestioningorsummonanypersongivestatement (2) tomakeanexamination ofanapplicantrelatingtheseveralfactsaccordingto (1) In theexecutionofthisAct,competentofficialhaspowersasfollows: (Section 27) (Section 29) (Section 28) 176 NARCOTIC LAWS OF THAILAND Book 2, offences: 177 the Penal Code, The Schedule annexed to annexed The Schedule offences against Life and Body : offences against Life offences relating to Sexuality, section 276 to section 287; offences relating to The Compensation for Injured Person and the Accused Act for Injured Person and the Accused The Compensation Offences in the compensation for the Injured Person and the Accused Act referred to by for the Injured Person and Offences in the compensation Title 9 Title 10 294; causing Death, Section 288 to Section Chapter 1 offences 300; against Body, Section 295 to Section Chapter 2 offences 301 to Section 305; Chapter 3 offences of Abortion, Section Children, Sick Persons or Aged Person, Section Chapter 4 offences of Abandonment of section 17 in respect of which offences in section 17 in respect 306 to Section 308. NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND 179 DIVISION I PRELIMINARY GENERAL PROVISIONS In case of the injured person, alleged offender, accused or witness In case of the injured person, alleged If an offence punishable under Thai law has been committed outside The inquiry, preliminary examination or trial shall be made in Thai ; but if it is examination or trial shall be made The inquiry, preliminary The Criminal Procedure Code (Partial Extraction) Code Procedure The Criminal * WHEREABOUTS : “ATTOMEY GENERAL” Section 13 When there is an interpreter to interpret a plea, testimony or other matters, such When there is an interpreter to interpret on the translation. The interpreter shall affix his signature offender, accused or witness cannot be able to “In case of the injured person, alleged or Court shall pay allowances to the interpreter “The inquiry official, Public Prosecutor Section 13 bis The inquiry official, Public Prosecutor or Court shall pay allowances, as prescribed by the The inquiry official, Public Prosecutor or Court shall pay allowances, as prescribed Section 20 necessary to translate Thai into a foreign language into Thai, an interpreter shall be required. Thai into a foreign language into necessary to translate interpreter must interpret. Correctly the interpreter must take an oath or make an affirmation that interpreter must interpret. Correctly the without adding to or suppressing anything from what he shall perform his duty conscientiously he interpretes. and have no interpreter, the inquiry official, Public speak or understand the Thai language for him without delay.” Prosecutor or Court shall procure an interpreter Rule prescribed by the Ministry of interior, the office of the procured as this section according to the of Justice, as the case may be, with the approval Highest Public Prosecution or the Ministry of the Ministry of Finance.” Thailand, the Director - General of the Public Prosecution Department* or the person in charge of Thailand, the Director - General of the Public Prosecution Department* or the such duty to any his functions shall be the responsible inquiry official. He may, however, delegate other inquiry official. cannot be able to speak or hear, or to converse a meaning and have no interpreter of hand cannot be able to speak or hear, or Prosecutor of Court shall procure the interpreter of sign language, the inquiry official, Public conversation in other hand sign language or shall prepare for him a question, answer or meaning manner as it thinks fit. or of the Ministry of Rule of the Ministry of Interior, of the office of the Highest Public Prosecution of hand sign Justice, as the case may be, with the approval of the Ministry of Finance, to interpreter language procured according to this Section.” NARCOTIC LAWS OF THAILAND during tobereleasedforthetimebeingunderSection117.” such person; (2), butthereistheexpeditiousnecessitywhichitcannot lettheCourtissueanarrestwarrantof arms, ormaterialelsetobeableuseincommittingoffence ; person likelytocauseadangerorpropertyof otherpersonbyhavinganinstrument, without anarrestwarrantortheCourt’sorderunless: the territorialjurisdictionofanyCourt,casemayalsobetriedandadjudicatedbysuchCourt. adjudicated bytheCriminalCourt.Ifinquiryhasbeenconductedinalocalitysituatedwithin jurisdiction suchlocalityissituated; above mentioned,thecasemaybetriedandadjudicatedbyCourtwithinwhoseterritorial official isconductingtheinquiryinalocalityoutsideterritorialjurisdictionofCourt Court. However: committed withintheterritorialjurisdictionofanyCourt,itshallbetriedandadjudicatedbysuch to prosecutetheallegedoffender. been arrested; person inchargeofhisfunctions: pending instructionsfromtheDirector-GeneralofPublicProsecutionDepartmentor 4 beinganarrestofallegedoffenderoraccusedtohaveescapedwhowillevade (4) whenthereisthecauseissuinganarrestwarranttosuchpersonunderSection 66 (3) whenthepersonhasbeenfoundbycircumstancesuitabletosuspectthatsuch (2) when suchpersonhascommittedtheflagrantoffenceasprovidedinSection80; (1) Section 78 WheretheoffencehasbeencommittedoutsideThailand,itshallbetriedand (2) wheretheaccusedhasresidence orhasbeenarrestedinalocalitywhenthe (1) Section 22 theinquiryofficial whowasrequestedbytheforeignauthoritiesorinjuredperson (2) theinquiryofficialwithinwhoseterritorialjurisdictionallegedoffenderhas (1) In caseofnecessity,thefollowinginquiryofficialshavepowertoholdaninquiry, ARREST, DETENTIONANDIMPRISONMENT The governmentofficialorpolicewillnotbeabletoarrestanyone When anoffencehasbeencommitted,alledgedorbelievedtohave COMPETENCY OFCOURTS 180 NARCOTIC LAWS OF THAILAND 181 INQUIRY SEARCH DIVISION II In the case of rate of punishment of death, or in the case of alleged ORDINARY PROCEEDING OF INQUIRY It is prohibited to search in private place without the search warrant or search in private place without the It is prohibited to Section 134/1 official In the case of rate of imprisonment, before being quaere of plea, the inquiry Section 92 (1) or any other voice or to help from inside of the private place in case of scream (2)in the private place ; in the presence is being made in case of offence appearing (3) being followed closely has committed in the presence, is in case of the person, who (4)of evidence as may be reasonable that chose to have in one’s procession in case (5)arrest with in case of such private place where the arrested person is host, and such government official or police official as inspector, Exercise of power according (4), the offender aged not more than eighteen years on date when the inquiry official to nitrify charge, offender aged not more than eighteen years on date when the inquiry official offender that there Before beginning the quaere of plea, the inquiry officail shall ask the alleged is lawyer or not, if there is not lawyer, the state shall procure lawyer to one; and the alleged shall ask the alleged offender that there is lawyer or not, if there is not lawyer, Court’s order, unless the government official or police official is inspector, and in the following the government official or police official Court’s order, unless case : circumstance shows that there is danger occurred in such private place ; that there is danger occurred in such circumstance shows that to have entered in hiding take refuge or serious grounds for suspecting behind to arrest and within such private place ; commission of an offence or having used or having had for constitutes an offence or acquires with to be the evidence proving commission of an offence to using in commission of an offence or able grounds to be believed that on account of the delay be hide or in such place. With reasonable brought, such chose will be transferred or have been more than the search warrant will be destroyed ; Section 78 ; the arrest warrant or the arrest under and the list of chose aquired by inspection, including the shall deliver the copy of note inspecting being able to search as book to occuper of the premises list to be made to show the grounds for there, the book, as aforesaid, shall be delivered to person to be searched, if there is not occuper and the grounds and inspection-result shall be reported as aforesaid forth with being able to do, as book to comander in more rank than.” NARCOTIC LAWS OF THAILAND particular statementinthechargeagainsthim. deception orthreatpromisetotheallegedoffenderforinducingsuchpersonmakeany offence. Section 134/2and134/3,willnotbeabletoadmitasevidenceinproofofsuchperson’s having thenoticeofrightaccordingtoparagraph1orbeforeproceedingsunderSection134/1, the allegedoffenderisnotwillingtomakeanystatementatall,itshallbenoted; interrogation ofoneself; try acase; makes astatement,suchsayingsasmadebytheallegedoffendermayexerciseevidenceto alleged offenderbeforethat: the lawyer,inquiryofficialmustnotesuchgroundsinfileofinquiry; within thesuitabletime,inquiryofficialshallinquireallgedoffendergoonwithoutwaiting notice ofobjectiontotheinquiryofficialornotifying,butnotcomingmeetallegedoffender and 3,incaseofexpeditiousnecessity,ifthelawyermaynotmeetallegedoffenderwithout designated byMinistryofJusticewiththeconsentFinance; The lawyerprocuredbytheStateshallreceivegratuityandexpenseaccordingtoroutineas rule andprocedureconditionasdesignatedbyMinisterialRegulation, offender wantslawyer,theStateshallprocurelawyertoone; aged notmorethaneighteen yearsonthedateenteredanactioninCourt,before beginning to Section 135 Any ofsayings,givenbytheallegendoffenderinrespectinquiryofficialbefore When theallegedoffenderiswillingtomakeanystatement,suchpleashallbenoted.If theallegedoffenderisentitledtoletlawyerortrustedpersonhearing (2) theallegedoffenderisentitledtomakeastatementornot.If (1) Section 134/4 When thelawyerhasbeenprocuredtoallegedoffenderaccordingparagraph1,2 Procuring thelawyeraccordingtoparagraph1or2,inquiryofficialshallexercise Section 173 In thecaseofratepunishment ofdeath,orinthecaseaccused The inquiryofficialshallbeprohibitedtomakeormadeanyactas In askingtheallegedoffender’sanswer,inquiryofficialshallnotify PROCEDURE INTHECOURTS OF FIRSTINSTANCE DIVISION III 182 TRIAL NARCOTIC LAWS OF THAILAND 183 EVIDENCE DIVISION V GENERAL PROVISIONS In the date of inspecting the evidence, the parties shall send the In the date of inspecting the evidence, The Court shall exercise its discretion in considering and weighing all the Any material, documentary or oral evidence likely to prove the guilt or the Section 226 Section 227 In the case of the rate of imprisonment, before beginning to take into the consideration, of imprisonment, before beginning In the case of the rate as appointed by the Court the gratuity and expense to the lawyer The Court shall pay Section 173/2 fair. When the Court deems suitablely or any of In case of necessity, for the benefit of innocence of the accused is admissible, provide it be not obtained through any inducement, innocence of the accused is admissible, provide it be not obtained through be produced in promise, threat, deception or other unlawful means ; such evidence shall of evidence. accordance with the provisions of this Code or other laws governing production evidence taken. No judgment of conviction shall be delivered unless and until the Court is fully evidence taken. No judgment of conviction shall be delivered unless and until has committed that satisfied that an offence has actually been perpetrated and that the accused offence. the Court shall ask the accused that there is the lawyer or not, if there is not lawyer, and the the accused that there is the lawyer the Court shall ask for one; the Court shall appoint the lawyer accused want the lawyer, all and economic-condition, but by taking into consideration of case-condition under this Section of by Administrative Committee by, but all these, as rule designated these, as rule designated agreement of Ministry of Finance. Court of justice with in one’s possess to the Court for other party inspects, documentary evidence and real evidence atherwise on account of condition and necessity of such unless the Court will issue the order as of withness, after that each party makes a statement the evidence or the evidence is note of plea and the Court shall inquire the parties to relation with way of offering the evidence to the Court, relied upon including the admission of other party’s issue and necessity to take of evidence the date taking of evidence. and notify parties before evidence, and then the Court shall designate does not appear to the Court in the date inspecting not less then seven days. In case of prosecuter 166 shall be forced mutatis mutandis; the evidence, the provision of Section issue order to take of evidence in respect of important issue parties make a request, the Court will to take of evidence.” in the case before the date as designated take into the consideration, the Court shall ask the accused that there is lawyer or not, if there is is lawyer or not, the accused that there Court shall ask consideration, the take into the one; the lawyer for the Court shall appoint not lawyer, NARCOTIC LAWS OF THAILAND necessary causeswhichmake itdifficulttobringhimgivetestimonyinthefuture, thealleged grounds tobelievethatthe witnesswillbetampereddirectlyorindirectly,there areother has nohabitualresidence,orresidencefarfromthe Courtoftrial,ortherearereasonable accused, thepersonwhoisnecessarytobeadducedas his witnesswilldepartfromtheKingdom, criminal offence,suchtestimonymaybeadmittedinthe trial ofthecase. offender isinCourt,theCourtshallreaditoutbeforehim. offender cannotappointoneintime,theCourtitselfshallexaminewitnessforhim. But, iftheCourtisofopinionthatitcannotappointacounselforhimintime,oralleged one forhimintime,itshalldosoandproceedwiththetakingofwitness’testimonypromptly. Court hastoappointacounselfortheallegedoffender,ifisofopinionthatitcan has acounselornotbeforethetakingofwitness’testimonybegins.Incasewhere appoint oneforhimaccordingtoSection173,theCourtshallaskallegedoffenderwhetherhe the Courthastoappointacounselforhimoraccusedrightapply offender isallegedtocommitthecriminaloffencewhichifprosecutioninstituted, witness. promptly. Theallegedoffendermaycross-examineorappointacounseltothe kept incustoryoftheCourt,Courtshallfurthercallhimfortrial. official orthePublicProsecutor,ProsecutorshallbringhimtoCourt.Ifhehasbeen taken promptly.Ittheallegedoffenderhasbeenascertainedandkeptincustodyofinquiry been committedbytheallegedoffendertoCourtgiveordergrantingthathistestimonybe injured personortheinquiryofficial,mayapplybymotionspecifyingallactsallegedtohave bring himtogivetestimonyinthefuture,PublicProsecutor,himselforonapplicationof be tampereddirectlyorindirectlythereareothernecessarycauseswhichmakeitdifficultto has residencefarfromtheCourtoftrial,ortherearereasonablegroundstobelievethathewill grounds tobelievethatthewitnesswilldepartfromKingdom,hasnohabitualresidence,or the offence,benefitofdoubtshallbegiventohim. In thecasewhereanallegedoffenderisofopinionthat ifhehasbeenchargedasan If theallegedoffenderisthenchargedtobeaccused inthecommissionof The memorandumofthewitness’testimonyshallberead outtohimandifthealleged In thecaseaccordingtosecondparagraph,ifitiswherealleged When havingreceivedsuchapplication,theCourtshalltaketestimonyofwitness Section 237bis Where anyreasonabledoubtexistsastowhetherornottheaccusedhascommitted Before theentryofchargeinCourt,whentherearereasonable ORAL EVIDENCE 184 NARCOTIC LAWS OF THAILAND to the taking of the testimony of to the taking of the . 185 mutatis mutandis DIVISION VI AND COSTS mutatis mutandis ENFORCEMENT OF JUDGMENTS ENFORCEMENT OF JUDGMENTS In the case where the accused has been sentenced to death, the sentence In the case where the accused has been Section 247 to be with child, execution of the sentence shall If a woman sentenced to death is found time and place as the authorities think fit. The execution shall take place at such The provision of 172 ter shall apply The provision of 172 When the Court thinks fit, it may give order granting to take the witness’ testimony and it fit, it may give order granting to take When the Court thinks shall not be executed until the provisions of this Code governing pardon have been complied with. shall not be executed until the provisions be suspended until after her delivery. shall inform the inquiry official and the Public Prosecutor concerned. In the taking of the witness’ official and the Public Prosecutor shall inform the inquiry him, and the provisions of the third, Prosecutor has right to cross-examine testimony, the Public shall apply forth and fifth paragraph offender may apply by motion showing reasons and necessities to the Court to give order granting the Court to give order and necessities to showing reasons apply by motion offender may promptly. witness’ testimony to take the age.” a child not yet over eighteen years of the witness who is NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND Statue of Prince Rabi of Ratchaburi 187 The Judiciary of Thailand The Judiciary The history of the Thai legal system and the judiciary can be dated back as far as the Thai legal system and the judiciary can The history of the building of the Courts of Justice. Later, in 1892, In 1882, King Rama V founded the first Sukhothai period ( A.D. 1238 - 1350 ) where the King was the “Fountain of Justice” who ( A.D. 1238 - 1350 ) where the King Sukhothai period During the Ayutthaya period (A.D. the disputes between his citizens. himself adjudicated crystalized in a form of which was to last legal system developed and was 1250 - 1767), the Thai derived from the ancient the nineteenth century. The Dhammasattham until the close of of the realm and formed part of the was established as the law code Hindu jurisprudence law of individual liberty and private rights dealing Thai national heritage. It was a fundamental The concept of royal justice administered during the with both civil and criminal matters. the Ayutthaya. The reign of King Taksin the Great Sukhothai was also carried through development in the legal field since the country was between A.D. 1767-1782 had little at the beginning of the Chakri Dynasty in 1782, the laws besetted with series of battle. Later revised and completed in 1805 resulting the written derived from the Ayutthaya period were of Three Seals.” It had been the authority of the land form of law books called “ The Law a reform of the legal and court system was introduced until the reign of King Rama V, when with foreign nations. together with an open door policy of trading and brought about the centralization of all Courts of the Ministry of Justice was established was promulgated in 1908 on criminal law. The founder Justice. Meanwhile, the first law code of Ratchaburi who of modern Thai law was Prince Rabi a modern system played a leading role in introducing of the Civil and of judicial administration. The drafting Commercial Code was started in the reign of King Rama V and was completed during the reign of King Rama VII. The Revolution of 1932 had an important effect on the Thai legal and judiciary system since it changed the form of government from an absolute monarchy to a constitutional monarchy. The Constitution vested the judiciary power with the Courts. Judges perform their duties in the name of the King and are as- sured of independence in adjudicating cases according to the law. 1. Introduction NARCOTIC LAWS OF THAILAND .JudicialSystem 3. Structure 2. Courts andKwaengCourts. adjudicate criminalandcivil cases.Thosecourtsare:CivilCourts,Criminal Provincial and specializedcourts.Thegeneralcourtsareordinary courts whichhaveauthoritiestotryand establishment ofthespecializedcourts. the numberofcourts,emergencedivision andthebranchofcourts, developed efficiencyinhandlingcases.Thedevelopments fallintothreeways,i.e.,theincreaseof Instance, theCourtsofAppealandSupremeCourt. The CourtsofJusticehaveoccasionally Supreme CourtisauthorizedbytheConstitutiontomakeadecision.Suchdecisionfinal. which typeofcourts,theCommissiononJurisdictionCourtschairedbyPresident courts. Whenthereisaproblemofwhetherparticularcasewillfallunderthejurisdiction criminal, civil,bankruptcy,andallcaseswhicharenotwithinthejurisdictionofothertypes This changewillguaranteeindependenceoftheThaiJudiciaryfrompoliticalinterference. juristic person,istheonlyorganizationresponsibleforadministrationofCourtsJustice. their worksefficiently.Atpresent,theOfficeofJudiciary,anindependentorganizationanda courts supports,includingbudget,personnelandofficeequipment,toenablethemoperate administration worksofallcourts.ThemainroletheMinistryJusticewastoprovide cation. BeforeAugust20,2000,theMinistryofJusticewasresponsiblefor of theCourtsJustice,mostcasesfallunderjurisdictionJustice. provisions ofsuchconstitution.Althoughthischangedecreasesthescopejurisdiction The ConstitutionCourtandtheAdministrativewererecentlyestablishedasaresultof the ConstitutionCourt,CourtofJustice,AdministrativeandMilitaryCourt. judicial systeminThailand.Thetypesofcourtsrecognizedunderthe1997Constitutionare: (1997) hassubstantialimpactonthereorganizationofpoliticalsystemaswell present constitutionofThailand,namely,theConstitutionKingdomB.E.2540 and dutiesaswellthestructureofExecutive,LegislativeJudiciary.The The CourtsofFirstInstancearecategorizedasgeneralcourts, juvenileandfamilycourts TheCourtsofFirstInstance 3.1 The CourtsofJusticeareclassifiedintothreelevelsconsistingtheFirst With respecttoadjudication,theCourtsofJusticehavepowertryandadjudicate The structureoftheCourtsJusticeisdividedintotwoparts:administrationandadjudi- The Constitutionisthesupremeofcountrythatestablishespowers,functions 188 NARCOTIC LAWS OF THAILAND Courts In the general In the With respect to the 3.1.1 General courts, except the Kwaeng Courts, at courts, except the a quorum. An least two judges form judgment on both appeal against a subject to some questions of law and, of fact or an order conditions, questions lies to the Courts of the general courts of Appeal. administration of the Provincial Courts and Kwaeng Courts, the Office of the 189 In the case where the office of the Chief Judge of Region becomes vacant or in the In the case where the office of the Chief as a judge of any court in his region with The Chief Judge of the Region is regarded 3.1.1.1 In Bangkok Metropolis Civil Courts of Under Thai Law, the plaintiff must bring a civil case to the court where the cause A courtroom of the Criminal Court Court of Justice Region headed by the Chief Judge of that Region, is responsible for the courts in Court of Justice Region headed by the the Region in some extents. official duties, the President of the Supreme Court will case of the Chief Judge’s inability to perform Chief Judge. appoint a judge to perform duties of such cases, such as cases concerning offence against public power to try and adjudicate particular amount claim and contempt of court. When it is necessary, security, serious criminal offence, high to order a judge of the court in his region upon the the Chief Judge of the Region has power not more than three month in another court. The Chief latter’s consent to work temporarily for the President of the Supreme Court about such order. Judge, however, must immediately inform is involved, the action arises or where the defendant is domiciled. Where an immovable property where the defendant plaintiff has to bring a lawsuit to the court where such property is situated, or the Civil Court, the is domiciled. In Bangkok , Courts of First Instance dealing with civil cases are Buri Provincial Court Civil Court of Southern Bangkok, the Thon Buri Civil Court and the Min is domiciled. depending on a district where the cause of action arises or where the defendant yet the high Before 1977, the Civil Court was only a court adjudicating civil cases in Bangkok; courts in Bangkok. increase of caseload in the Civil Court led to the setting up of the other civil NARCOTIC LAWS OF THAILAND was broughtbeforeitortotransferthemthecourthavingterritorialjurisdiction. discretion eithertotryandadjudicatecriminalcasesarisingoutsideitsterritorialjurisdictionbut Bangkok wastoalleviatetheworkloadsofCriminalCourt.Also,Courthasa official makesaninquiry.LiketheCivilcourt,reasontoestablishothercriminalcourtsin Court dependingonadistrictwhereanaccusedresidesorisarrested,inquiry Criminal CourtofSouthernBangkok,theThonBuriandMinProvincial cases. InBangkok,CourtsofFirstInstancehandlingcriminalcasesaretheCriminalCourt, The characterofthiscourtisthesameasgeneralprovincial courts. deals withbothcivilandcriminalcasesarisinginthe northernpartofBangkokMetropolis. Inside theCivilCourtBuilding The MinBuriProvincialCourt,theonlyprovincialcourt inBangkokMetropolis, The MinBuriProvincialCourt The CriminalCourtBuilding 190 makes aninquiryhasjurisdictionoverthe is arrested,orwhereaninquiryofficial in adistrictwhereanaccusedresidesor jurisdiction. them tothecourthavingterritorial and adjudicatethosecasesortotransfer the CivilCourthasdiscretioneithertotry occurring outsidetheterritorialjurisdiction, As regardscriminalcases,thecourt Criminal Courts For disputesoncivilmatters NARCOTIC LAWS OF THAILAND Nakorn Ratchasima Provincial Court 191 Municipal Courts Municipal cases quickly to dispose of small Courts is function of Municipal The primary 3.1.1.2 In other Provinces Provincial Courts Provincial Courts exercise unlimited Municipal Courts The detail of Munici- Juvenile and Family Court A courtroom of the Central with a minimum formality and expense. The jurisdiction of these courts covers both criminal and expense. The jurisdiction with a minimum formality must deal with the criminal offence cases fallen in the jurisdiction and civil cases. Criminal or fine not exceeding 60,000 Baht maximum of three years imprisonment, punishable with a exceed 300,000 Baht.The proceeding the amount of claims must not or both. For civil cases, therefore, the trial is more simple and is emphasized on the speedy trial, in Municipal Courts judgment is issued. oral judgment or summarized civil and original jurisdiction in all general which are criminal matters within their own districts For the generally the provinces themselves. court to the purpose of expansion of services of the more than distance area, some provinces may have Nakhon Ratchasima Province, there are three Provincial one Provincial Court. For example, in Provincial Court, Sekew Provincial Court and Buayai Courts, i.e., Nakhon Ratchasima the jurisdiction of Kwaeng Court brought to the Provincial Court. Where a case within transfer the case to the former. Each Provincial Court Provincial Court, the latter has to and responsible for the judicial work of the court. The has a Chief Judge who is the head Court (Registrar) under the supervision of the Chief Director of the Office of such Provincial work of the court Judge is responsible for administrative pal Courts in other provinces is the same as Municipal Courts in Bangkok Metropolis explained above. NARCOTIC LAWS OF THAILAND Instance Regions1-9.Each Courts ofAppealisheadedbythePresidentCourt assisted of theRegionalCourtsAppealareconsistentwith the jurisdictionsofCourtsFirst appeal againstthejudgmentororderofotherCourts ofFirstInstance.Thejurisdictions Courts andtheCriminalCourts.Meanwhile,Regional CourtsofAppealhandlean Appeal. TheCourtofAppealhandlesanappealagainst thejudgmentororderofCivil Property andInternationalTradeCourtconsistsofbothcareerjudgesassociatejudges. competent knowledgeofthespecificmatters. appropriate judge.Ajudgeinthespecializedcourtsisappointedfromawhopossesses ment ofthespecializedcourtsistoensurethatspecificortechnicalproblemswillbesolvedbyan the IntellectualPropertyandInternationalTradeCourt,BankruptcyCourt.Theestablish- the JuvenileandFamilyCourtsliestoofAppeal. constitute aquorumoftheJuvenileandFamilyCourts.Anappealagainstjudgmentororder Provincial Courts.Twocareerjudgesandtwoassociatejudges,oneofthosemustbeawoman, the ProvincialJuvenileandFamilyCourts,DivisionofCourtin The CourtsofAppealconsisttheCourtand nineRegionalCourtsof TheCourtsofAppeal 3.2 A quorumoftwospecializedcourts,namely,theLabourCourtandIntellectual There arefourspecializedcourtsinThailand,i.e,theLabourCourt,Tax SpecializedCourts 3.1.3 The JuvenileandFamilyCourtsconsistoftheCentralCourt, TheJuvenileandFamilyCourts 3.1.2 The CourtofAppealBuilding 192 situated inotherprovinces. Court whichnowhasbranches central court,excepttheLabour specialized courthasonlythe noted thatatpresenteach adjudicating cases.Itshouldbe together withcareerjudgesin recruited separatelytowork Associate judgesarelaymen NARCOTIC LAWS OF THAILAND A plenary session of the Supreme Court 193 3.3 The Supreme Court of appeal in all civil and criminal cases in the The Supreme Court is the final court Division Like the Courts of Appeal, the Supreme Court also has the Research may, At least three justices of the Supreme Court form a quorum. The court Political As a result of the 1997 Constitution, the Criminal Division for Holders of An appeal on point Each Courts of whole Kingdom. The Court consists of the President, Vice-Presidents, the Secretary and a whole Kingdom. The Court consists with three justices in each division. The President number of justices. It is divided into divisions of the Courts of Justice. In the present system of the of the Supreme Court is also the head the Supreme Court plays a great role in judicial and Courts of Justice, the President of administrative works. consisting of research justices. and cases however, sit in plenary session to determine cases of exceptional importance The quorum where there are reasons for reconsideration or overruling of its own precedents. Court. for the full Court is not less than half of the total number of justices in the Supreme where the Prime Positions was set up in the Supreme Court to act as a trial court in a case other political official Minister, a minister, member of the House of Representatives, senator or office according to is accused of becoming unusually wealthy, committing malfeasance in to other laws. the Criminal Code, performing duties dishonestly, or being corrupted according by Vice Presidents of the Court. by Vice Presidents is divided into divisions. The Court one chief Each division has justices. justice and two other form a At least three justices quorum. to certain of law and, subject on point specified restrictions, of fact lies from the Courts of Appeal to the Supreme Court. Appeal has a Research Division functions of the Division are to assist justices of the Courts consisting of research judges. Primary factual and legal issues of the cases, conducting legal of Appeal by examining all relevant justices to ensure uniformity and fair results. researches and discussing with those NARCOTIC LAWS OF THAILAND Those candidateswhocomplete thetrainingwithsatisfactoryresultwillbeapproved bythe candidates arerecruited,they havetobetrainedasjudge-traineesforatleast oneyear. must passahighcompetitiveexaminationgivenby theJudicialCommission.Once law, andhavingnotlessthantwoyearsworkingexperience inlegalprofessions,acandidate nationality, passingtheexaminationofThaiBar Association tobecomeaBarrister-at- by HisMajestytheKing.Besideshavingcertainqualifications suchasbeingofThai senior judge,associatejudge,andDatohYutithumorKadis. Court willbedisclosedandfinal. Orders anddecisionsoftheCriminalDivisionforHoldersPoliticalPositionsinSupreme prepare thewrittenopinionandmakeoralstatementstomeetingbeforemakingdecision. will bemadebyamajorityofvotes;providedthateachjusticeconstitutingthequorum elected byaplenarysessionoftheSupremeCourtjusticesoncasebasis.Ajudgment Supreme CourtwhoholdpositionofnotlowerthanjusticetheCourt,andare Commission andmayinvestigatetoreceiveadditionalfactsevidenceasitthinksfit. Positions intheSupremeCourtmustrelyonrecordofNationalCounterCorruption claim theimmunityprovidedinconstitution.TheCriminalDivisionforHoldersofPolitical .Judge 4. There arefourtypesofjudgeinthecurrentsystem,namely,acareerjudge, TypesofJudge 4.1 The quorumofthisspecialdivisiontheCourtconsistsninejustices In trial,amemberoftheHouseRepresentativesorsenatorisunableto The quorumoftheSupremeCourtCriminalDivisionforHoldersPoliticalPosition Career judgesarerecruitedbytheJudicialCommission andareappointed 4.1.1 CareerJudge Consisting ofnineJusticestheSupremeCourt 194 NARCOTIC LAWS OF THAILAND 195 judicial position; Under Thai Law, a judge may be vacated from the office by the following a judge may be vacated from the Under Thai Law, 1. death; 2. resignation; 3. the law on government pension fund; vacating from the office under 4. of a government official which is not being transferred to serve in a position 5. in military service; resignation for being 6. being ordered by law to resign; 7. or removed by law from the office; being expelled, dismissed, 8. being removed from office by a resolution of the Senate. 4.1.2 Senior Judge and Holding Senior Judge Position Act, According to the Rules of Appointing hold an administrative position; namely, a A senior judge cannot be appointed to 4.1.3 Lay Judge and Lay judges are laymen recruited separately to perform duties in the Juvenile Judicial Commission and tendered to His Majesty the King for royal appointment to be a judge. appointment to the King for royal to His Majesty and tendered Judicial Commission as a judge. before taking office is also required His Majesty the King declaration before A solemn reasons: sixty years of age, they can remain in office to perform B.E. 2542 (1999), when judges reach Instance, provided that they are approved by the Judicial duties, but merely in the Courts of First Majesty the King. When they become sixty-five years old, Commission and are appointed by His they are able to remain their senior judges status and pass the assessment of fitness performance, until they reach seventy years of age. in place of such person. Further, a senior judge is prohib- Chief Justice, or even to perform duties a Judicial Commissioner, but also to vote in electing such ited not only from being elected to be commissioner. Trade Court. The Family Courts, the Labour Court or the Intellectual Property and International relevant field who can aim of having lay judges is to have an experienced person or an expert in a becoming a lay work closely with a career judge in adjudicating cases. Unlike a career judge, term of certain years judge is not a permanent position. Each lay judge holds the office for a depending on which specialized court he or she is working for. NARCOTIC LAWS OF THAILAND 5. OfficeoftheJudiciary Judicial AdministrationCommission, andtheCommissionforJudicialService.The Judicial Judiciary hasdonethrough threeseparateCommissions,i.e.,theJudicialCommission, the international judicialcooperationisunderresponsibilityof theInternationalAffairsDivision. are alsoundertheOfficeofJudiciary.Thework theOfficeofJudiciaryconcerning Dispute ResolutionOffice,OfficeofJudicialTechnicalAffairs, andtheJudicialTrainingInstitute and isdividedintoseveralofficesdivisions.Office ofInformationTechnology,Alternative personnel administration,budget,andotheractivitiesas providedbylaw.Ithasitsownstaffs directly tothePresidentofSupremeCourt.TheOffice oftheJudiciaryhasautonomyin secretariat, namely,theOfficeofJudiciaryheadedbySecretary-Generalwhowillreport knowledge inIslamtoenablehimapplytheIslamiclawsrelatingfamilyandsuccession. not belessthanthirtyyearsofage,knowThailanguageattheprescribedlevel,andhave sit onthebenchtogethertoadjudicatecasecomplywithprincipleofIslam.Akadimust and successionofMuslims.Insuchcase,careerjudgesaKadiwhoisanexpertinIslamwill instead oftheCivilandCommercialCodeingivingajudgmentcivilcasesconcerningfamily Family andSuccessionexcepttheprovisionsonprescriptioninrespectofsuccessionshallapply Jurisdictions ofPattani,Narathiwat,YalaandSatunProvinces,B.E.2489,theIslamicLawon In administeringpersonnelandbudgetoftheCourts ofJustice,theOffice According tothe1997Constitution,CourtsofJusticehaveanindependent According totheActonApplicationofIslamicLawinTerritorial Kadi 4.1.4 Office oftheJudiciaryatCriminalCourtBuilding 196 NARCOTIC LAWS OF THAILAND A Judicial conference on the continuous trial which is one of the main policies of the Office of the Judiciary of the Office of the Judiciary The official opening ceremony 197 5.1 Vision with By B.E. 2555 (2012) the Courts of Justice will be an intelligence organization systematic and efficient judicial and administrative works. This aim will be pursued with systematic and efficient judicial and administrative works. This aim will in accordance with honesty, impartiality, equality, rightfulness, convenience, speed and modern legal academic and international standards towards leadership as a model in justice process, services, ethic and virtue widely recognized domestically and internationally. Commission chaired by the President of the President of chaired by the Commission the Commissioners Court composed of Supreme in all levels of the Courts elected from judges with appointment, transfer, of Justice deals of judges whereas the promotion and disciplines Judicial Service chaired by Commission for of the Supreme the most senior Vice-President of both the Commissioners Court consisting Judicial Commission from appointed by the judges in all levels and the Commissioners handles elected from senior judicial officers disciplines appointment, transfer, promotion and of judicial officers. The Judicial Administration of the Commission chaired by the President Supreme Court composed of the Commissioners Courts of elected from judges in all levels of the budget Justice is mainly responsible for approving regulations plan and managing the budget, issuing and secretarial works of the Office of the Judiciary. and notifications concerning administrative transparency since the law requires that each Commission The work of the three Commissions is Commissioners who are qualified persons and are not must have at least certain number of judges. NARCOTIC LAWS OF THAILAND Missions oftheOfficeJudiciaryareasfollows: Mission 5.2 z z z z z z protections. Cooperating withotherrelevantagenciesforthepurposeofhumanright and unitcost; Monitoring andevaluatingtheoutputofworks,definingeffectiveindicators Courts ofJustice; Promoting researchprogramsforthedevelopmentoflawsandsystem work potentialandskillsofthosepersonssystematicallycontinuously; Recruiting qualifiedjudgesandjudicialofficialsaswelldevelopingthe Commission, andtheCommissionforJudicialService; Serving asasecretarytotheJudicialCommission,Administration compliance withtheprincipleofGoodGovernance; Laying downpoliciesconcerningpersonnel,budget,anddevelopmentplanin Website oftheOfficeJudiciary 198 NARCOTIC LAWS OF THAILAND 199 NARCOTIC LAWS OF THAILAND 200 NARCOTIC LAWS OF THAILAND Judicial Gown of the Justic 201 In the reign of King Rama VI, judges at all levels were In the reign of King 1. is a black robe at above ankles A gown for a judge 2. gown for a judge. A gown for a kadi has similar features and components to a may wear or use gowns in performing judicial Judges and kadis of the Courts of justice required to wear barrister gowns when they adjudicated cases gowns when they adjudicated required to wear barrister was in other formal occasions but there and to use the gowns judicial gowns as symbols represent- no regulation mandating the and kadis. In B.E. 2534 (1991) during ing status of judges and King, the Act present, gowns for judges reign of the present and components as follows: Kadis must have features the breast level and length. The body of the gown is slit from of black velvet with 6.5 connected with zipper. A long stripe neck and covers both centimeters width surrounds the gown’s metal with 2.5 cen- slit sides to the lowest part. A round golden the breast of the gown. timeters width is attached at the left of Maha Phichai” Crown over a badge and “Phra Dullapah” The upper part of the metal has “Phra with a supported base. The lower part of the metal has a sign situated on top of a two-level tray under its feet. Each left and right sides of the metal is Garuda holding a Naga (great snake) surrounded by four budding lotuses. the robe and that of the long stripe of velvet which are The only difference is the colour of dark blue and blue purple respectively. must not wear the gown when they appear in courts as functions or in other proper occasion but parties or witnesses. Judicial Gown of the Courts of justice Gown of the Courts Judicial NARCOTIC LAWS OF THAILAND Gazette datedMarch10,2548(2005)toreorganizetheONCBasfollows: Minister ofJusticehasissuedtheMinisterialRegulation,asannouncedinRoyal 2534 (1991),asamendedbyAdministrationOrganizationoftheStateActB.E.2543(2000), At present,byvirtueoftheArticle8iAdministrationOrganizationStateActB.E. 1 BangkokMetropolitanNarcoticsControlOffice 11. NarcoticsAnalysisandTechnicalServicesInstitute 10. HRDInstituteonNarcoticsControl 9. DrugDemandReductionBureau 8. NarcoticsLawEnforcementBureau 7. NarcoticsControlPolicyandStrategicServicesBureau 6. Assets SeizureBureau 5. Foreign AffairsBureau 4. InformationTechnologyCentre 3. LegalAffairsDivision 2. GeneralAdministration 1. Bangkok-based offices Organization oftheONCB 1 NarcoticsControlOfficeRegion9 21. NarcoticsControlOfficeRegion8 20. NarcoticsControlOfficeRegion7 19. NarcoticsControlOfficeRegion6 18. NarcoticsControlOfficeRegion5 17. NarcoticsControlOfficeRegion4 16. NarcoticsControlOfficeRegion3 15. NarcoticsControlOfficeRegion2 14. NarcoticsControlOfficeRegion1 13. NarcoticsCropSurveyandMonitoringInstitute 12. Regional Offices Since itsestablishmentin1976,theONCBhasbeenreorganizedseveraltimes. Office of the Narcotics Control Board 202 NARCOTIC LAWS OF THAILAND Narcotics Control Office Region 3 299 Moo 5, Tambon Jaw Haw Muang District Nakhon Ratchasima 30310 Tel. (0) 4427 8967-8 Fax (0) 4427 8966 Narcotics Control Office Region 5 Government Complex of Chiang Mai Chotana Road Muang District Chiang Mai 50300 Tel. (0) 5311 2468-9 Fax (0) 5311 2470 203 (except Bangkok Metropolitan Narcotics Control Office) Narcotics Control Metropolitan (except Bangkok Office of the Narcotics Control Board Office of the Narcotics Phyathai District 5 Din Daeng Road, Bangkok 10400, Thailand (0) 22470101 Tel. (0) 2247 0901-19, TH Telex 72050 NACOBOD (0) 2247 7217 Fax (0) 2246 8526, [email protected] ONCB Head Office Map Office Bangkok Metropolitan Narcotics Control 213 Vibhavadi-Rangsit 25 Thung Song Hong Railway Real Estate Thung Sei Gun, Laksi District Bangkok 10210 Tel. (0) 2588 5038-9 Fax (0) 2589 7964 Regional Offices & 7 Narcotics Control Office Region 1-2 213 Nibhavadi-Rangsit 25 Thung Song Hong Railway Real Estate Thung Sei Gun, Laksi District Bangkok 10210 Tel. (0) 2588 5038-9 Fax (0) 2589 6495 Narcotics Control Office Region 4 Opposite the Office of Forestry Government Complex Road Muang District Khon Kaen 40000 Tel./Fax (0) 4323 8000 Head Office NARCOTIC LAWS OF THAILAND Fax (0)74321514 Tel. (0)74312088 Songkhla 90000 Muang District 434 SaiburiRoad Narcotics ControlOfficeRegion9 Tel./Fax (0)55248555 Pitsanulok 65000 Muang District 29 EkatosarotRoad Narcotics ControlOfficsRegion6 204 Fax (0)77206297 Tel. (0)77206298 Surat Thani84000 Muang District Tambon Makham-teay 157/8 Soi9,SrivichaiRoad Narcotics ControlOfficeRegion8 NARCOTIC LAWS OF THAILAND 205 : Mr.Wutthipong Panichsuay : Mr.Sarawut Singnoantard : Miss Jittima Udomkusonsri : Mr.Phairoj Deerat : Miss Sukhumal Treekhajornkiat Narcotic Control Laws of Thailand of Laws Control Narcotic Editing Committee Advisors : Mr.Kobgoon Chantavaro Editors : Mr.Chaiyuth Sivalax Editorial Assistance : Ms.Rathakamol Khorsuwandee The Compensation for Injured Person and the Accused Act B.E. 2544 (2001) (Partial The Compensation for Injured Person Extraction) Extraction) The Criminal Procedure Code (Partial The Judiciary of Thailand O.N.C.B Structure Narcotics Addict Rehabilitation Act B.E. 2534 (1991) Narcotics Addict Rehabilitation Act B.E. Extradition Act B.E. 2472 (1929) States in the Execution of Penal Sentences Act on Procedure for Cooperation Between B.E. 2527 (1984) Matters B.E. 2535 (1992) The Act to Mutual Assistance in Criminal In Drug-Related Offences. Recommendations on Mutual Legal Assistance suppressing Some Offences Committee by Sea Act on Authorizing the Naval Officer for B.E. 2490 (1947) (2003) The Witness Protection Act B.E. 2546 Narcotics Control Act B.E. 2519 (1976) Narcotics Control Act 2522 (1979) Narcotics Act B.E. Act B.E. 2518 (1975) Psychotropic Substances B.E. 2533 (1990) on Controlling the Use of Volatile Substances Emergency Decree Act B.E. 2495 (1952) Commodities Control Offence Relating to Narcotics the Suppression of Offenders in an Act on Measures for B.E. 2534 (1991) z z Division Affairs Legal Thailand Office of the Narcotics Control Boad : Dindaeng Road. Phyathai Bangkok 10400 Tel. (662) 245-9087 Fax. (662) 245-9413 http://www.oncb.go.th z z z z z z z z z z z z z z z NARCOTIC LAWS OF THAILAND BANGPLAD BANGKOK 10700 TEL. 0-2433-4791 FAX: 0-2881-8539 IDEA SQUARE LTD. PART. 86 CHARANSANITWONG RD., 57/2 CHARANSANITWONG SOL 206 NARCOTIC LAWS OF THAILAND NARCOTIC LAWS OF THAILAND