Cannabis: Stricter Controls with New Draft Ministerial Regulation
The Ministry of Public Health (MOPH) is progressing with a new draft ministerial regulation to impose tighter oversight on cannabis, prioritizing medical applications and consumer safeguards amid a notable decline in commercial outlets.
The draft, titled “Ministerial Regulation on Permits for Research, Export, Sale, or Processing of Controlled Herbs for Commercial Purposes (No. .. ) B.E. ….”, has received Cabinet approval and is undergoing review by the Office of the Council of State prior to final approval.
This update replaces the 2016 regulation, which is deemed insufficient for the evolving cannabis landscape. It introduces targeted mechanisms for commercial export, sale, and processing to safeguard public health and minimize community disruptions.
Principal Requirements Under the Draft Regulation:
• Restricted Sales Venues: Commercial distribution limited to medical treatment facilities (with physician prescriptions and supervised dispensing), pharmacies, herbal product outlets, or traditional Thai medicine practitioner sites.
• Staffing Standards: At least one employee certified by the Department of Thai Traditional and Alternative Medicine must be on duty during business hours.
• Operational Guidelines: Mandatory efficient systems for odor and smoke elimination to avoid public nuisance; premises must be legally owned or possessed; dedicated storage with controlled temperature, humidity, separation from other items, and no direct floor contact.
• Transitional Provisions: Current licenses are valid until expiry, but all renewals, new permits, or pre-enactment applications must adhere to the updated standards.
The MOPH has affirmed sufficient qualified medical professionals nationwide to support the framework and guaranteed uninterrupted access for patients requiring cannabis therapeutically through hospital-based prescriptions.
Recent data indicate substantial industry contraction: As of late 2025, 18,433 registered establishments existed nationwide, 8,636 expiring licenses in 2025, only 1,339 (15.5%) were renewed, resulting in over 7,297 closures and an estimated 11,136 remaining. Further expirations are anticipated: 4,587 in 2026 and 5,210 in 2027.
Many operators appear to be closing in anticipation of the elevated compliance thresholds rather than adapting.
Key Takeaways:
• Medical-Centric Shift: Sales confined to regulated health-related venues, emphasizing prescription-based access over general retail.
• Mandatory Business Upgrades: Requirements for infrastructure, storage, environmental controls, and trained personnel will challenge existing operators.
• Industry Downsizing: Thousands of outlets have already closed without renewal, foreshadowing further consolidation.
• Patient Protections: Therapeutic users assured continued supply via national hospital networks.
• Implementation Timeline: Final enactment expected soon after review; broader policy direction may vary with future administrations.
Author: Panisa Suwanmatajarn, Managing Partner.
Other Articles
- Consumer Protection: Proposed Labeling Rules for Solar Panels, Inverters and Energy-Storage Batteries
- Generative AI and Music: Copyright Risks Highlighted by the DIP
- From Grants to Equity: Government Innovation Agency Can Now Invest in Startups
- Cabinet Approves Major Expansion of Home Worker Protections
- Thailand’s Response to the 12.5% U.S. Section 301 and the request for Further Exemptions
- Class-Action Signal Raises the Stakes for Online Consumer Complaints