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.

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Cannabis Regulation 2025: Balancing Business Opportunities and Legal Boundaries

Background

Cannabis was historically subject to strict prohibition in Thailand, encompassing cultivation, possession, sale, and consumption. In 2022, the government implemented a significant policy shift by removing cannabis from the narcotics list and reclassifying it as a “controlled herb” under a Ministry of Public Health notification issued in the same year. A subsequent notification was published in November 2022 to clarify that cannabis use was intended strictly for medicinal and herbal purposes.

Following a comprehensive policy review in 2025, the Ministry of Public Health issued the Notification Re: Controlled Herbs (Cannabis), B.E. 2568 (2025) (“New Notification”), which took effect on June 26, 2025. This New Notification supersedes the previous notification and establishes a more comprehensive and stringent framework for cannabis control.

Key Provisions of the New Notification

1. Expanded Scope of Control

The New Notification broadens regulatory control from specifically Cannabis Sativa L. to encompass all species within the Cannabis genus of the Cannabaceae family, thereby closing previous legal gaps. Only cannabis flowers are classified as controlled herbs, while other plant parts (leaves, stems, roots) remain exempt unless processed into products containing psychoactive substances.

2. Sales Restricted to Licensed Operators

Licensees under Section 46 may trade or process cannabis exclusively with other licensed parties. Sales to the general public, through online platforms, vending machines, or any form of advertising are strictly prohibited.

3. Quality Control of Cultivation Sources

All cannabis designated for commercial sale or export must originate from cultivation sites certified under Good Agricultural and Collection Practices (GACP) by the Department of Thai Traditional and Alternative Medicine.

4. Medical Use Exemption

Cannabis may be dispensed to individuals possessing a valid prescription from a licensed medical professional. Prescriptions must specify the required quantity and are limited to a maximum 30-day supply, following the format prescribed by the Director-General.

5. Additional Prohibitions

Cannabis sales are prohibited in religious venues, dormitories, public parks, amusement parks, and zoos. Advertising of cannabis or related products remains strictly banned across all channels.

Impact on Stakeholders

The New Notification reinstates a strict control framework governing cannabis use and commerce in Thailand. The regulation presents both opportunities and challenges for various stakeholders.

Positive Impacts

The framework elevates industry standards by ensuring safety and product quality, promotes regulated medical and herbal use, and enables compliant businesses to operate legally and sustainably. It also mitigates health risks for consumers and enhances Thailand’s international reputation as a country that manages cannabis responsibly, particularly in relation to nations where cannabis remains a controlled narcotic.

Challenges

The New Notification presents significant challenges, particularly for small businesses operating outside the licensing system, which may be required to cease operations or substantially modify their business models. The regulation also restricts marketing opportunities and direct-to-consumer sales channels, potentially limiting access for non-patient users or individuals seeking cannabis for general wellness purposes.

Conclusion

Despite the implementation of stricter restrictions, this notification represents a foundational step in establishing a long-term, structured cannabis policy framework for Thailand. Business operators are advised to prepare accordingly, ensure compliance with licensing requirements, and closely monitor regulatory developments to operate sustainably in this evolving landscape.

The regulatory framework reflects Thailand’s commitment to balancing economic opportunities with public health considerations, positioning the country as a responsible leader in cannabis regulation within the Southeast Asian region.

Author: Panisa Suwanmatajarn, Managing Partner.

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Cannabis and Hemp: Comprehensive Extract Regulations for Medical, Industrial, and Research Applications

Breaking Development

The Thai Cabinet has approved a crucial draft ministerial regulation governing the licensing of Category 5 narcotics, specifically for cannabis and hemp extracts. This regulation, proposed by the Ministry of Public Health, will serve as a subordinate law under the Narcotics Act B.E. 2564 (2021), with a critical stipulation that cannabis and hemp extracts containing THC exceeding 0.2% remain classified as narcotics.

Licensing Framework

The new regulation establishes four specific categories for licensing as follows:

1. Medical applications
2. Commercial and industrial purposes
3. Medical and scientific research
4. Law enforcement and narcotics control

Eligibility Criteria

The framework sets clear eligibility requirements for license applicants as follows:

• Individual applicants must be Thai nationals aged 20 or above
• Corporate entities must be registered under Thai law with a minimum of 51% Thai ownership
• Community enterprises
• Government agencies
• Thai Red Cross Society
• Private higher education institutions offering medical or pharmaceutical programs

Industry Impact

The regulation has already shown a significant impact on Thailand’s cannabis-related industries, with over 2,900 products receiving approval as follows:

• Cosmetics sector leads with 2,121 approved products
• Food products account for 596 approvals
• Herbal products comprise 189 approvals
• International exports have commenced, with successful shipments to South Korea and African nations

Regulatory Controls

To maintain safety and quality standards, the framework implements several key controls as follows:

• Mandatory electronic license applications
• Three-year license validity period
• Strict storage requirements for extracts
• Regular THC content testing
• Prescribed fee structure

Future Outlook

This regulatory framework positions Thailand as a pioneer in progressive cannabis policy while maintaining necessary safeguards. Including public and private stakeholders in the licensing system, coupled with clear guidelines for various applications, creates a balanced approach that promotes economic opportunity and public safety.

The success of this framework will likely depend on continued collaboration between government agencies, private sector participants, and research institutions, as well as ongoing monitoring and adjustment of regulations to meet evolving industry needs while ensuring public health protection.

Key Takeaways

• A robust licensing system implements strict eligibility criteria for both individuals and organizations
• Cabinet approves new ministerial regulation for cannabis and hemp extract licensing
• Framework expands access beyond government agencies to the private sector and individuals
• THC content exceeding 0.2% remains classified as a controlled substance
• Four specific categories of permitted use established for licensing purposes

Author: Panisa Suwanmatajarn, Managing Partner.

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Cannabis and Hemp: A Comprehensive Analysis of the Draft Act

Introduction:

Thailand’s Draft Amendment to Cannabis and Hemp Act represents a significant step in the country’s approach to regulating these plants. This comprehensive legislation aims to balance the economic potential of cannabis and hemp with necessary safeguards for public health and safety. The act acknowledges that cannabis and hemp are no longer classified as narcotics under Thai law and seeks to establish appropriate control measures while promoting their development for maximum economic benefit.

Public Hearing Process:

The Thai government has initiated a public hearing process for the Draft amendment of Cannabis and Hemp Act, demonstrating a commitment to transparent and inclusive policymaking. This process recognizes that the following groups will be affected by this legislation:

• General public
• Community enterprises
• Entrepreneurs
• Farmers

The public hearing document outlines the following background and objectives:

1. Cannabis and hemp are no longer classified as narcotics under Thai law, potentially leading to widespread possession, consumption, and use.
2. There are concerns about the impact on public health, as well as economic and social implications.
3. The plants have recognized medical and health benefits, as well as economic value.
4. There is a need for appropriate control measures to ensure proper use of cannabis and hemp.
5. The act aims to promote the development of cannabis and hemp for maximum economic benefit.
6. A committee system is proposed to oversee control and promotion efforts.

Key Objectives:

1. Establish appropriate control measures for the use of cannabis and hemp
2. Promote the development of cannabis and hemp for maximum economic benefit
3. Protect public health and prevent misuse
4. Create a committee system to oversee control and promotion efforts

Licensing System:

Types of Licenses

The act introduces a comprehensive licensing system for various activities related to cannabis and hemp:

• Cultivation
• Production
• Import
• Export
• Distribution of cannabis, hemp, or their extracts

Cultivation License Categories

Cultivation licenses are categorized based on the size of the cultivation area:

1. Small: Up to 5 rai (approximately 0.8 hectares)
2. Medium: 5-20 rai (0.8-3.2 hectares)
3. Large: 20-400 rai (3.2-64 hectares)

Eligibility for Licenses

Licenses can be granted to:

1. Thai individuals aged 20 or older
2. Thai-registered legal entities
3. Community enterprises
4. Thai Red Cross Society
5. Government agencies or state enterprises with relevant missions

License Duration and Renewal

• Licenses are valid for three years from the date of issue
• Renewal applications must be submitted before the license expires

Licensing Process Improvements

• The new draft specifies the use of an electronic system for license issuance, application submission, renewal, and notifications
• The process must be completed within 60 days

Scope of Controlled Substances:

The new draft clearly specifies that it controls extracts, residues, or remnants from extraction with THC content not exceeding 0.2% in plants.

Exemptions from Licensing Requirements:

No license is required for the use, sale, production, and export of roots, stems, branches, leaves, and seeds of cannabis and hemp.

Obligations of License Holders:

License holders are subject to several obligations, including:

1. Providing secure facilities for licensed activities
2. Conducting activities only at specified locations
3. Adhering to approved cultivation area sizes
4. Maintaining accurate records and submitting regular reports
5. Implementing measures to protect individuals and prevent misuse

Advertising and Promotion Regulations:

Prohibited Advertising

It is forbidden to advertise or conduct marketing communications related to:

• Cannabis flowers or resin
• Hemp flowers or resin
• Extracts
• Tools and equipment associated with smoking cannabis

Regulated Advertising

Advertising or marketing communications about cannabis, hemp, or extracts that are not prohibited must not:

• Use language that is unfair to consumers
• Use language that may cause harm to society as a whole

Enforcement Powers

The licensing authority can issue written orders to cease offending advertisements.

Sales Restrictions:

The new draft introduces several sales restrictions:

• Prohibition of sales to individuals under 20 years old, pregnant women, and breastfeeding mothers
• Ban on sales for entertainment purposes
• Prohibition of sales in temples and educational institutions

Transitional Period:

Individuals cultivating cannabis or hemp before the law takes effect must apply for a license within 60 days of the law’s implementation.

Suspension and Revocation of Licenses:

The act outlines procedures for license suspension (up to 180 days) and revocation, including an appeals process for licensees who disagree with official decisions.

Cessation of Business:

The act provides clear guidelines for license holders who wish to cease their operations, including notification requirements and procedures for disposing of remaining stock.

Comparison with Previous Legislation:

The Draft Amendment to Cannabis and Hemp Act introduces several significant changes compared to the previous regulatory framework:

1. Legal Status: Cannabis and hemp are reclassified from narcotics to controlled substances, opening up possibilities for wider use and economic exploitation.
2. Licensing System: A more comprehensive and nuanced licensing system is introduced, including categories based on cultivation area size.
3. Economic Focus: There is a stronger emphasis on promoting the economic potential of cannabis and hemp.
4. Public Health Safeguards: Specific sales restrictions are introduced to protect public health while allowing broader use.
5. Advertising Regulations: Detailed restrictions on advertising are included, which were not necessary under the previous narcotics classification.
6. Committee Oversight: A committee system for oversight suggests a more complex and participatory regulatory approach.
7. THC Content Specification: The draft specifically mentions THC content limits (0.2%).
8. Broader Eligibility: A wider range of entities can participate in the industry, including community enterprises.
9. Exemptions: Specific exemptions from licensing requirements are outlined for certain parts of the plants.
10. Transitional Provisions: A transitional period for existing cultivators suggests a more accommodating approach.

Conclusion:

Thailand’s Draft Amendment to Cannabis and Hemp Act represents a significant step towards creating a robust regulatory framework for the cannabis and hemp industry. By establishing a structured licensing system, imposing clear obligations on license holders, and implementing strict advertising and sales regulations, the act aims to balance the economic potential of cannabis and hemp with necessary safeguards for public health and safety.

The comprehensive nature of this legislation demonstrates Thailand’s commitment to addressing various aspects of the cannabis and hemp industry, from cultivation to marketing. The recent amendments reflect the government’s efforts to create a balance between utilizing the benefits of cannabis and hemp and preventing negative impacts on society by establishing a clearer and more comprehensive legal framework.

The comparisons with the previous law highlight the substantial shift in Thailand’s approach to cannabis and hemp regulation. The draft amendment moves from a prohibitive stance to a more nuanced, economically-focused framework while maintaining public health safeguards. This change represents a significant evolution in policy, potentially opening up new economic opportunities while still addressing public health and safety concerns.

The initiation of a public hearing process further underscores the government’s commitment to inclusive policymaking. By seeking input from various stakeholders, including the general public, community enterprises, entrepreneurs, and farmers, the government aims to refine the legislation to better serve the needs of all affected parties while achieving its regulatory objectives.

As the legislative process continues, stakeholders from various sectors will likely contribute to refining this regulatory framework, potentially shaping the future of the cannabis and hemp industry in Thailand. The transition from the previous restrictive approach to this more comprehensive and economically oriented framework will likely have far-reaching implications for businesses, healthcare providers, and consumers in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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Proposed Cannabis-Hemp Bill: Safeguarding Public Health and Regulating Utilization

Introduction:

The proposal of the Cannabis-Hemp Bill for reconsideration by the Parliament in Thailand marks a significant step in addressing concerns related to the wrongful use, illegal cultivation, and commercialization of cannabis and hemp. Since the legalization of these substances and their exclusion from narcotics laws, there has been growing apprehension about the potential impact on public health, the economy, and various aspects of society. The Ministry of Public Health has recently conducted a public hearing to gather feedback on the Draft Cannabis-Hemp Act B.E. .… (“Bill”), which aims to regulate and supervise the appropriate use of cannabis and hemp while promoting their development, studies, and research.

Key Provisions of the Bill:

The proposed Bill outlines several key provisions to control the utilization of cannabis and hemp, including extracts, residue, or waste containing tetrahydrocannabinol (THC) within the limit of 0.2% in plants. Individuals or incorporated entities involved in the production, import, export, sale, and cultivation of cannabis and hemp for medicinal, health, and economic purposes must obtain a 3-year license. However, the utilization of root, stalk, stem, leaf, and seed of cannabis and hemp for sale, production, and export does not require such a license. Importing and exporting these substances will require a one-time license. The entire licensing process, including issuance, submission, extension, and notification, will be conducted through an electronic platform and finalized within 60 days, as stipulated by the Bill. License holders must adhere to specified qualifications, standards, and duties, such as registering cultivation, sale, and storage locations. Failure to comply with these regulations may result in license suspension or revocation.

Stringent Regulations and Prohibitions:

The Bill imposes additional restrictions aimed at safeguarding public health. It prohibits the advertising and promotion of inflorescences, resins, extracts, and tools or equipment used for smoking cannabis and hemp through false or exaggerated statements, as well as statements that directly or indirectly violate the law or contravene public order or morals. Furthermore, the sale of cannabis and hemp is strictly prohibited to individuals under 20 years old, pregnant and breastfeeding women, and for recreational purposes. The Bill also prohibits sales through vending machines, electronic platforms, and the use of promotional activities. Additionally, selling these substances at temples and educational institutions is strictly forbidden. Violations or unauthorized actions in contravention of these prohibitions will be met with penalties as outlined in the Bill.

Transitional Period for Existing Cultivators:

Once the law is approved and enacted by the Parliament, cultivators of cannabis and hemp, who have been cultivating these substances for medicinal, health, and economic purposes on or before the day of enforcement, must apply for a license within 60 days.

Conclusion:

The proposed Bill represents a comprehensive effort by the Thai government to regulate the utilization of cannabis and hemp while ensuring public health and safety. By implementing licensing requirements, imposing restrictions, and outlining penalties for non-compliance. The Bill aims to address concerns surrounding the wrongful use and commercialization of these substances. As Thailand moves forward with the reconsideration of this Bill, it is expected to shape the future of cannabis and hemp regulation in the country, fostering responsible utilization for medicinal, health, and economic purposes.

Author: Panisa Suwanmatajarn, Managing Partner.

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