You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 6, 2018

Growing Hemp in Thailand Is Now Permissible

Informed Counsel

From regulation and production to research and development, product development, and marketing, the hemp (Cannabis sativa) industry is set to outperform most expectations in the very near future. Hemp offers various economic benefits for retail products, including the durability of hemp fiber in the production of clothing and the nutritional benefits of hemp seeds and oil.   

Significant legalization and decriminalization efforts of cannabis products around the world and increased development of a cannabis sector have encouraged Thailand’s Ministry of Public Health to release a Ministerial Regulation Re: Licensing and Approval for the Production, Distribution or Possession of Narcotics Category V Hemp. This regulation, which came into effect on January 5, 2018, permits the growing of hemp once an appropriate license has been obtained. However, it does not address marijuana or any other forms of cannabis; thus, their status remains unchanged. Nonetheless, this regulation is an important step, signifying that the Thai government is ready to move toward accepting the potential scientific and commercial benefits of hemp.

Ministerial Regulation and Its Key Considerations   

The Ministerial Regulation allows persons to produce, dispose of, and possess hemp for industrial and medical purposes, if an appropriate license is obtained. Although Thailand is moving closer to accepting cannabis, the government is putting in great effort to make sure the industry is controlled with regulatory assurance, given that hemp contains low amounts of tetrahydrocannabinol (THC)—the substance in marijuana (Cannabis indica) that induces intoxication, which is still not permitted in Thailand.

For the first three years after the promulgation of the regulation, only state agencies will be permitted to apply for a license to produce, distribute, or possess hemp. There is a possibility that this trial period, applicable only to state agencies, will be extended beyond the initial three years. Therefore, private entities should request collaboration arrangements with state agencies in order to conduct research and development on hemp products until the trial period has passed.    

When the application process eventually opens to the public, only competent, non-bankrupt, Thai nationals domiciled in Thailand, who have not had a license restricted under the Narcotics Act B.E. 2522 (1979) or the Psychotropic Substances Act B.E. 2559 (2016), will be allowed to apply for a license. The application must first be submitted to officials at the Narcotics Control Division of the Food and Drug Administration (FDA). Following approval by the FDA, the Secretary General of the FDA is required to obtain further approval from the Prime Minister, after which a license will be granted.   

The license comes with several restrictions, including: cultivated hemp must not exceed 1% THC on a dry-weight basis; hemp can only be grown in areas specified in the license; and hemp seeds must be sourced from seed producers who have a valid license to harvest hemp. A license will allow a license holder to use hemp containing not more than 1% THC on a dry-weight basis for the following purposes:

  1. For planting, harvesting, or converting hemp for household uses.
  2. For planting, harvesting, or converting hemp for commercial uses.
  3. For planting, harvesting, or converting hemp for research.
  4. To produce seeds for sale or distribution for the purposes of (1), (2), or (3).
  5. To distribute fresh stems or other parts, as permitted for use under the purposes of (1), (2), or (3), or for other benefits as prescribed by the Narcotics Control Committee.
  6. To use for other benefits, as accepted by the Narcotics Control Committee.

Further specifications that need to be followed by license holders with regard to the production, distribution, or possession of hemp are outlined in the Ministerial Regulation.

A New Market   

Moving forward, legal permission for the cultivation and production of hemp is a positive step—taken by a number of other countries—that opens the door to a viable and potentially profitable new market for investors in Thailand. The hemp industry could be the necessary boost the Thai economy needs to further propel the country. To ensure that there are positive developments in this nascent industry, the Thai government should be ready to give full regulatory support to the hemp industry and its licensed growers. Additionally, companies should begin to prepare applications for available licenses and should start developing successful business strategies in anticipation of further permissible regulatory options in the future.

Other Cannabis Developments   

In addition to this liberalization of hemp, a draft amendment to Bill for the Narcotics Act was submitted to the Thai National Legislative Assembly (NLA) on September 27, 2018. According to the draft’s preamble, the purpose of this amendment includes “allowing the research for the medical benefits of Cannabis and Kratom (Mitragyna speciosa) for applications in treatment under the supervision of healthcare professionals.”   

In response to  public queries as to whether the legislative process for “unlocking cannabis” may be accelerated, Deputy Prime Minister, Dr. Visanu Kruengam, publicly stated on October 19, 2018, that there are a number of legislative pathways by which cannabis may be liberalized including by Royal Emergency Decree and by Order of the National Council for Peace and Order based on Article 44 of the Constitution of Thailand B.E. 2560 (2017). Subsequently, (and quite quickly for the Thai legislative/regulatory process), on October 30, 2018, the NLA held a public conference, stating that the Bill is among the NLA’s current priorities, and the NLA will seek to complete the review process by December 2018.

RELATED INSIGHTS​ 

October 15, 2025
The Indonesian Food and Drug Administration (BPOM) has introduced more stringent oversight of health supplements containing probiotics with new guidelines that require clinical trials for certain products and expanded documentation standards. BPOM Regulation No. 17 of 2025 replaces the previous 2021 regulation and establishes a comprehensive framework for evaluating probiotic strains used in health supplements. Assessment Requirements The new regulation expands the scope of assessment to include not only categorization and documentation but also technical procedures, strain classification, and clinical trial requirements. Unlike the previous regulation, which provided general guidance, the updated framework creates a comprehensive system for evaluating both registered probiotic strains and new or combined strains. Manufacturers must now submit supporting documentation covering strain identification and functional characterization, safety, efficacy, and product quality. The previous regulation required documentation only on safety, efficacy, and quality. Clinical Trials One of the most significant changes is the requirement for clinical trials conducted in Indonesia for applications that include benefit claims other than maintaining digestive health, or where there are modifications to benefit claims. The regulation specifies that phase 1 trials must demonstrate safety, while phase 2 trials must validate efficacy using statistically valid methods such as double-blind, randomized, placebo-controlled studies). In addition, phase 3 and phase 4 trials may be required, and postmarket surveillance data must be submitted. Technical Assessment Framework Annex 4, a newly introduced section, establishes technical procedures for assessing health supplements containing probiotics in Indonesia. This comprehensive framework outlines criteria for evaluating new probiotic strains, including strain identification, functional characterization, safety, efficacy, and product quality. The annex introduces a clear classification of claims for health supplement products containing probiotics: General claims(e.g., maintaining digestive health). Functional claims(e.g., normal biological function or activity in the body). Risk reduction claims(e.g., lowering disease risk). The regulation restricts use of the term
October 3, 2025
On September 26, 2025, the Contract Committee under Thailand’s Consumer Protection Board issued a regulation that aims to standardize contracts and enhance consumer protection within the beauty and wellness industry. The Notification on Prescribing the Beauty Service Business as a Contract-Controlled Business B.E. 2568 (2025), which takes effect on January 24, 2026, requires business operators to use a prescribed standard contract in Thai and adhere to strict mandatory provisions and prohibitions. These regulations apply to operators across all in-person and online service channels, including via digital platforms. “Beauty services business” is defined as the provision of services under an agreement allowing consumers to receive a series of treatments, either over a set number of sessions or within a set period. This includes massage, spa, other methods for cleanliness, beauty, or care of facial or body skin, and weight control and body shaping—including services offered electronically. The law excludes surgery, liposuction, and medical treatments performed by licensed practitioners. The notification establishes the following key requirements: Mandatory contract and formatting. All contracts with consumers must use the standard contract form, in Thai, with clear, readable text (minimum font size of 2 millimeters, no more than 11 characters per inch), and include all essential terms from the annexed form. Contract execution. Contracts must be made in duplicate, with one copy given to the consumer at signing. For agreements concluded through electronic channels, the process must comply with the Electronic Transactions Act and use the same required terms. Digital platforms. Business operators who provide services facilitated through a digital platform as an intermediary are ultimately responsible for ensuring the consumer receives a compliant contract. Prohibited clauses. The law prohibits clauses that limit or exclude liability for damages to life, body, health, mind, or property resulting from breach of contract or a wrongful act;
September 16, 2025
Since Thailand formally removed Mitragyna speciosa (kratom) from the list of narcotic drugs, the country has progressed from outright prohibition to a structured, license-based regime. While the Ministry of Public Health oversees cannabis plant regulation, the Ministry of Justice (MOJ) is the regulatory authority overseeing kratom plants. For the avoidance of doubt, separate Ministry of Public Health notifications prohibit the use of kratom as a food ingredient unless a food safety evaluation has been conducted; however, this restriction does not affect trade in unprocessed leaves per se. For businesses in Thailand dealing exclusively in kratom leaves, the most consequential development is the Ministerial Regulation on the Application for Permits and Notifications for the Importation and Exportation of Kratom Leaves B.E. 2568 (2025), a bylaw of the Kratom Plant Act 2022. The ministerial regulation establishes the following notable definitions: “Kratom leaves”: Fresh or dried leaves in their natural, unprocessed state (no extracts, concentrates, or infused products). “Import/Export”: Any act of bringing kratom leaves into or out of Thailand, whether for commercial sale, industrial processing abroad, or research. Import/Export Licensing Under the Kratom Plant Act, a license is mandatory for importing or exporting kratom leaves. Individuals, juristic persons, community enterprises, and state agencies in Thailand are eligible to obtain a license to import (or a license to export) kratom leaves. Licenses are available to qualified individuals and juristic persons. Individuals must satisfy the following qualifications to be eligible for a license: Thai nationality, ≥ 20 years old, resident in Thailand. Not incompetent, quasi-incompetent, or under legal guardianship. No license suspension currently in force under the Kratom Act or Narcotics Code. No license revocation in the previous two years. No conviction under the Kratom Act or Narcotics Code within the previous two years (unless fully released from punishment). Juristic persons must satisfy
September 4, 2025
With advancements in health technology, telemedicine has taken on a wider online presence in Thailand. Under the Medical Facility Act, licensed clinics and hospitals may now diagnose, prescribe, and issue electronic prescriptions during a video call, provided they maintain patient confidentiality and proper recordkeeping. As a complementary concept, a telepharmacy allows a pharmacist to verify prescriptions, counsel patients, and dispense medication from a remote site. Hospitals, clinic chains, and some retail pharmacy groups have adopted “drive-thru” or “locker” pick-up points where drugs are bagged only after a real-time video consultation with a registered pharmacist. The clear benefits of telehealth include shorter waiting times and broader access to specialists, which is in the public interest. Drug Distribution and Advertising in Thailand The online pharmacy ecosystem creates a legal bridge in that once a teleconsulting doctor issues an e-prescription, a licensed pharmacy can lawfully dispense and deliver the medicine prescribed to the patient’s door. Nonetheless, the critical compliance component remains the advertising of medicinal drugs. It is still not allowed to advertise prescription/pharmacy-dispensed drugs to the public in Thailand. Although Thailand’s Drug Act of 1967 was written more than half a century ago, it still governs the trading of every medicinal drug that makes its way to consumers in Thailand—whether bought at a pharmacy or delivered with a few taps on a smartphone. First and foremost, the pharmacy must hold a license to sell medicinal drugs as a retailer. It is also mandatory that arrangements be made for a pharmacist to be on duty during opening hours. Drugs are classified into three main categories: prescription drugs, pharmacy-dispensed drugs, and over-the-counter (OTC) drugs. The listing of OTC drugs with their prices via an online platform is allowed, as only OTC drugs may be advertised directly to the public. However, naming or showing