The government’s move to reclassify cannabis as a narcotic threatens to trigger street protests and class-action suits by owners of thousands of dispensaries that have sprung up across the country since decriminalisation two years ago.
A complete re-criminalisation ordered by Prime Minister Srettha Thavisin on Wednesday will also push the cannabis trade underground, said Rattapon Sanrak, owner of the Bangkok-based dispensary Highland Cafe.
Writing Thailand’s Cannabis Future, an advocacy group, said it would hold a protest against the move in Bangkok on May 16.
Cannabis currently enjoys the status of a “controlled herb” and there is no outright ban on its recreational use, which has allowed nearly 8,000 dispensaries to open since it was removed from the narcotics list in June 2022.
Mr Srettha’s directive to re-label cannabis as a Category 5 narcotic will make it a crime to “produce, sell, import, export or possess” the plant and use it, according to drug laws.
Cannabis for medical and health purposes would still be allowed, according to the premier.
“We’re all doing everything by the book but then suddenly the book is going to change,” Mr Rattapon said. “We’re gearing up to protest and preparing to file lawsuits in the event it happens.”
The policy about-face is another blow to the country’s nascent cannabis industry after decriminalisation was pitched as a way to boost agricultural income and wellness tourism.
Liberal use of cannabis became a hot-button political issue ahead of the election last year. With efforts to establish regulations around the marijuana industry failing, concerns grew about the social impact of addiction from easy availability of the drug.
The policy reversal is part of ruling Pheu Thai Party’s hard-line anti-drug campaign. Earlier this week, Mr Srettha gave a 90-day deadline for law enforcement and local authorities to crack down on drugs in 25 provinces considered as “red zones”. (Story continues below)
“We’re all doing everything by the book but then suddenly the book is going to change,” says Rattapon Sanrak, owner of the Bangkok-based dispensary Highland Cafe. (Photo: Highland Cafe)
Rules for recreational use?
The Bhumjaithai Party, which spearheaded decriminalisation under the previous administration and is now part of the current coalition, said a bill to regulate recreational use would be more effective than outlawing the plant entirely.
But Mr Srettha defended the move on Thursday saying “whatever we decide to do, we do it for the people”.
The country’s nascent cannabis industry has battled legal uncertainties since inception as lawmakers could not agree on how to regulate it. The first attempt to pass a bill to control cannabis use last year was blocked in parliament as part of political jockeying ahead of the election.
The most recent attempt under the Srettha government to outlaw recreational use and tighten licensing rules on planting, sales, exports and imports has been stalled by the bureaucratic process. A change in ministers last week could lead to further delays.
Once the Ministry of Public Health wraps up the process of classifying cannabis as a Category 5 drug, possessing it could land a person a jail sentence of up to 15 years and a maximum fine of 1.5 million baht.
Cannabis advocates are urging health authorities to weigh the pros and cons of cannabis in comparison to alcohol and cigarettes and use science and facts to determine what should be drugs.
The constant policy flip-flop will not only risk damaging foreign investor confidence but also create “wide ripple effects” across the industry, causing legitimate cannabis businesses to shut down, workers to lose jobs and growers to lose income from the cash crop, said Mr Rattapon of Highland Cafe.
“Instead of regulating the industry properly, you’re choosing to close it up and make it worse by pushing it underground,” he said.