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

September 16, 2025

Kratom: Business Compliance Roadmap for Thailand

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 the following qualifications to be eligible for a license:

  • Structured as a company or a limited partnership corporation in Thailand.
  • Thai nationals composing two-thirds of the business directors or partners/shareholders.
  • A registered office located in Thailand.
  • The company and its authorized representatives satisfy the same “clean slate” criteria as individuals.

Applicants must file official MOJ forms—available through the Narcotics Control Board’s e-licensing portal—with the core attachments listed below.

  • Identity documentation:
    • Individuals: Thai national ID; house registration.
    • Companies: Certificate of Incorporation (issued within the previous six months); list of directors/shareholders; company seal specimen.
  • Map or floor plan of the premises clearly identifying storage areas for kratom leaves to be imported/exported.
  • Import/export forecast (covering 12 months) detailing:
    • Projected volumes per quarter.
    • Source country/destination country.
    • Intended end-use (e.g., wholesale resale, research supply, etc.).
  • Purpose statement explaining how the activity aligns with the Kratom Plant Act (e.g., for commercial trade, R&D supply chain, etc.).

The license application must be filed via the website of the Office of the Narcotics Control Board (ONCB). The cost is THB 5,000 per application under the current ministerial fee schedule. Application evaluation will be completed within 30 business days. The license will be valid for five (5) calendar years from issuance.

In addition to being licensed to import/export kratom leaves, pre-shipment notification through the National Single Window system of the ONCB is also required. This means that even after securing a five-year license, each shipment must be precleared. A notification form must be submitted to the ONCB at least seven business days before the intended import/export date. The notification must include quantity, lot numbers (if any), port of entry/exit, flight or vessel details, and so on. Following the submission of the notification via the NSW system, within three business days, the ONCB will issue a “notification receipt code,” which customs officers will use to validate the clearance process. Failure to lodge a shipment notice constitutes a separate offense, punishable by an administrative fine and potential license suspension.

Compliance Outlook

Through the 2025 ministerial regulation now in force, Thailand offers a clear, predictable route for lawful cross-border trade in kratom leaves. While the licensing process is rigorous, the five-year validity period and electronic filing system create operational certainty for compliant traders. Business operators in Thailand should understand the legal and procedural requirements and ensure that staff are trained to leverage these opportunities and avoid the significant penalties attached to noncompliance.

RELATED INSIGHTS​ 

August 18, 2022
Practical Law has published an updated online version of Agricultural Law in Thailand, a Q&A-style guide that provides detailed overviews of Thailand’s agriculture laws and regulations. The Thailand overview is one of approximately twenty such guides to jurisdictions worldwide, covering key practical issues related to the legal environment for agricultural operations. The Thailand section, which was written by lawyers at Tilleke & Gibbins, covers the following topics: Agricultural policy Acquisition of agricultural companies Acquisition of agricultural land Crop seed business Plant variety rights Genetically modified crops Animal and animal welfare issues Agricultural safety and product liability Practical Law, produced by Thomson Reuters, is a comprehensive global legal resource for business lawyers. The platform features a wide range of guides covering hundreds of jurisdictions and practice areas. The full Agricultural Law in Thailand chapter can be accessed on the Practical Law website.
August 9, 2022
In late 2021, the government of Vietnam issued Decree 98 on the management of medical devices (Decree No. 98/2021/ND-CP dated November 8, 2021), which came into force on January 1, 2022. This is the primary legislation on medical devices in Vietnam. To provide necessary guidance and elaboration on the implementation of Decree 98, the Ministry of Health recently issued Circular No. 05/2022/TT/BYT dated August 1, 2022 (“Circular 05”), which took effect on the same day. The most notable aspect of Circular 05 is that it unifies, in a single legislative document, previous regulations on medical devices that were scattered in multiple circulars issued by the Ministry of Health (Circular No. 39/2016/TT-BYT dated October 28, 2106; Circular No. 46/2017/TT-BYT dated December 15, 2017, as amended by Circular No. 23/2021/TT-BYT dated December 9, 2021; and Circular No. 33/2020/TT-BYT dated December 31, 2020). The effectiveness of these circulars was terminated when Circular 05 took effect. Circular 05 sets out regulations and principles for the classification of medical devices, and adds or supplements the following lists: List of in vitro diagnostic medical devices (IVD) not subject to quality assessment by Vietnamese competent authorities when registering under the quick registration procedure. List of class B, C and D medical devices allowed to be traded as normal goods. List of medical devices required to be accredited for safety and technical functions before use. List of medical devices requiring import permit licenses. While Circular 05 does not introduce major changes to the previous regulations, the consolidation and up-to-date guidance on Decree 98 will simplify the task of registration and circulation for medical device companies doing business in Vietnam.
August 4, 2022
Cosmetics have become an essential feature of the modern lifestyle led by many consumers in Cambodia. Every day, a wide range of new cosmetic brands, variants, and formats enter the Cambodian market, catering to a growing consumer base. The market generally relies on the import of foreign cosmetic brands, making Cambodia an attractive market for overseas cosmetics companies, but local brands are on the rise as well. Alongside the significant growth of the cosmetics market in Cambodia, and the Royal Government’s continuing push to increase consumer protection in Cambodia, in 2022, the Ministry of Commerce (MOC) issued Prakas No. 0064 on the Requirements for Cosmetic Distribution (the Prakas). The Prakas applies to both locally manufactured and imported cosmetics, and both individual and businesses that trade in cosmetics. The Prakas aims to regulate cosmetics and cosmetic business activities, to ensure that cosmetics distributed in Cambodia are of good quality and safe for use.  The key points contained in the Prakas are summarized below. Legal Obligations for Trading Cosmetics Any person trading in cosmetics, including wholesale or retail, and those that offer cosmetics as gifts or for testing, must ensure that the products are safe and meet the legal labelling requirements. Anyone trading cosmetics must respect the Law on Consumer Protection, with the Prakas highlighting key aspects of that law and referring to the applicable penalties under that law. Online sellers of cosmetics must obtain an additional approval letter (for individuals) or a license (for legal entities) to operate an online business, issued by the MOC. In addition, they require a certificate for providing online services from the Ministry of Post and Telecommunications. Interestingly, the Prakas does not refer to the cosmetic business licensing required under regulations issued by the Ministry of Health. As the Prakas does not outright contradict these
July 20, 2022
What does “digital health” include within each jurisdiction? Thailand: For the most part, the idea of “digital health” or “telemedicine” has generally fallen within the area of medical device regulation in Thailand. The normal sort of digital health components you would think of—like software and device accessories for diagnosis, monitoring, prevention, or treatment of illnesses—would fall into medical device classification, so long as they do not achieve their intended function by immunological, metabolic, or pharmacological means. The “digital health” devices you commonly think of, like mobile medical apps, wearable technologies and software, fall mainly within this definition. After the last update to the Medical Device Act in 2008, Thailand next looked at digital health in 2019, with the Personal Data Protection Act (PDPA)—which is largely aligned with GDPR principles—and the Cybersecurity Act. These deal with important issues arising from “digital health” and “telemedicine” like personal data protection, consent to use and consent to transfer data, and privacy. Vietnam: Similarly, in Vietnam, while there’s not a clear definition of “digital health” in the law, it is understood to include various types of medical devices, software, and online services used for healthcare purposes—including diagnosis and treatment as well as medical records and telemedicine. There’s no law on digital health, per se, but many of these areas are covered by separate circulars issued by the Ministry of Health. There’s a circular (referred to as “Circular 49”) from late 2017 on telemedicine, for example, that actually uses the term “telemedicine” to identify the industry and sets out licensing and technical requirements. Indicators such as this show that Vietnam is definitely embracing the concept. Indonesia: In Indonesia, there is also no precise definition of “digital health.” Digital health is regulated under several laws and regulations, such as provisions concerning medical devices under the health