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

June 30, 2021

Thailand Decriminalizes Kratom in Amended Narcotics Act

Subscribe to Updates

Recently enacted Thai legislation has removed Mitragyna speciosa, commonly known as “kratom,” from the list of controlled narcotics under the Narcotics Act B.E. 2522 (1972), effectively decriminalizing the consumption, production, disposal, import, export, and possession of kratom, for any purpose and in any quantity or form, effective August 24, 2021. The Narcotics Act (No. 8) B.E. 2564 (2021) was published in the Government Gazette on May 26, 2021, and will come into effect 90 days later. This change comes some two years after Thailand allowed the use of cannabis and kratom for medical proposes with the Narcotics Act (No. 7) B.E. 2562 (2019).

Nevertheless, it appears that kratom will still be subject to some level of regulation. On June 1, 2021, the government announced that draft legislation regulating the sale and use of kratom plants was approved by the cabinet. The draft is expected to set licensing requirements for growing, selling, and importing or exporting kratom for industrial use, while also prohibiting the sale of kratom to minors and pregnant or nursing women, and clarifying issues such as labeling, advertising, and selling channels. It is also important to note that the use of kratom for production of food and beverages under the control of the Thai Food and Drug Administration remains prohibited unless the Ministry of Public Health Notification RE: Prohibited List of Plants for Use in Food is amended.

Kratom is a plant indigenous to Southeast Asia which some consider to have potential medicinal applications due to the presence of mitragynine—an alkaloid anecdotally said to boost energy, ease pain, and assist with opiate withdrawal. However, these claims have not been properly studied due to its relative international obscurity and illegality in many of the countries to which it is native. Kratom is an addictive substance and has a risk of dangerous contraindications when consumed with other substances, which has resulted in such prohibition.

In Thailand, restrictions were first implemented under the Kratom Plant Act B.E. 2486 (1943) and kratom was subsequently listed as a Category 5 narcotic in the Narcotics Act B.E. 2522 (1979), effectively prohibiting all consumption, cultivation, trade, and distribution.

The new legislation removes kratom from the Narcotics Act list of prohibited substances on the basis that its consumption is a part of traditional Thai cultural norms, and that it is not categorized as a narcotic in the UN Single Convention on Narcotic Drugs (an absence that is also reflected in the narcotics laws of several other countries, including federal laws in the United States).

The delisting of kratom as a narcotic will, in turn, trigger the rarely-used Section 2 of the Criminal Code, which expunges convictions and ends pending sentences or ongoing punishments stemming from an activity that is subsequently legalized.

The relaxation of restrictions on kratom (and on cannabis) is part of a larger strategic push for legal reform to make the law to reflect current societal conditions and expectations. The Act on Legislative Drafting and Evaluation of Law B.E. 2562 (2019) provides a clear indication of this by calling on government agencies to consider drafts to repeal or amend laws that are no longer necessary, are inconsistent with the current social context, or obstruct livelihoods or occupations, while also ensuring that criminal penalties do not impose too heavy a burden. Moreover, this act authorizes the General Assembly of Supreme Court Justices to exercise its discretion to decide against imposing criminal sanctions or consider lesser punishments than prescribed in the law when it believes that the provision is no longer needed, is inconsistent with the present social context, or hinders livelihoods or occupations. It is likely that this push for modernization will result in further legislative changes across a broad scope of legal measures in the future.

Tilleke & Gibbins will continue to monitor this development, and similar developments in future, and we keep you updated as the situation developments. For any queries about regulatory or contentious matters relating to kratom in Thailand, please contact the firm’s Bangkok office on [email protected].

Related Professionals

Industries

Life Sciences

Practices

Dispute Resolution and Litigation

Regulatory Affairs

Location

RELATED INSIGHTS​ 

December 2, 2024
Kratom (Mitragyna speciosa) was once listed as a prohibited substance under the Narcotics Act. Kratom was then removed from the narcotics list in 2021 and is now regulated under the Kratom Plant Act B.E. 2565 (2022), which allows the trading, use, import, and export of kratom. Furthermore, the Ministry of Public Health has allowed the use of kratom in food and drink, food supplements, and herbal products. Anyone who wishes to launch kratom food or herbal products must first obtain a product license from the Thai Food and Drug Administration (FDA). On September 4, 2024, the Thai FDA announced guidelines specifically for powdered kratom leaves and kratom leaf extracts (using water or ethanol as solvents) as ingredients in food supplements. These guidelines aim to provide business operators with a clear framework for launching kratom-based food products in Thailand. Key points from these guidelines include: Raw material specifications and standards: Powdered kratom leaves and kratom leaf extracts must contain at least the prescribed amount of mitragynine (one of the primary active compounds in kratom) as a marker of quality. For example, mitragynine must account for at least 1% by mass for powdered kratom leaves. Food supplement specification and standards: Food supplements containing powdered kratom leaves or kratom leaf extracts must not have a dosage of over 0.2 mg/day of mitragynine (including 7-hydroxymitraglynine, which may occur naturally), or 1 mg/day for food supplements containing kratom extracts that use water as a solvent. Addition of 7-hydroxymitraglynine to food supplements is prohibited. Mitragynine content in food supplement products must not exceed the specified dosage limit. Additionally, the food supplement product must be in a ready-to-eat form (e.g., liquid, gel, tablet, or capsule). If powdered kratom leaves or kratom leaf extracts are to be used as ingredients in food categories other than food supplements,
Read More
October 1, 2024
The Indonesian food and drug authority, also known as “BPOM,” issued a draft regulation on September 9, 2024, proposing standard labeling disclosing the sugar, salt, and fat content of packaged food products sold in the country. The draft Regulation on Nutritional Value Information on Food Labels to implement Government Regulation No. 28 of 2024 on the Implementation of the Health Law seeks to mandate “Nutri-Level” front-of-pack nutrition labeling to indicate the amount of sugar, salt, and fat at four possible levels, with a modified stoplight-color system: Level “A” (lowest amount) has a dark green background Level “B” has a light green background Level “C” has a yellow background Level “D” (highest amount) has a red background These levels are shown in the following sample image: The requirements for sugar, salt, and fat content for each level are based on amounts per 100 milliliters of ready-to-eat processed food as follows: Further requirements relating to nutrients reflected in the Nutri-Level labeling include: Foods labeled as level A are not allowed to contain natural or artificial sweetening food additives, either through direct addition or carried over from other ingredients. Foods labeled as level B may only contain natural sweetening food additives. Foods labeled as level C or D may use natural and artificial sweetening food additives. “Sugar” includes all monosaccharides and disaccharides, excluding lactose. Processed plain liquid milk and plain milk powder are exempt from the requirement to declare total fat content on the Nutri-Level label. Labeling Implementation The implementation of Nutri-Level labeling must comply with the following requirements: The Nutri-Level label must list all four letters (as shown in the examples below) unless the package meets the criteria for display of a simplified format label. The Nutri-Level of the processed food must be indicated by enlarging the relevant letter, as shown
Read More
September 6, 2024
Addressing technical barriers to trade is a key priority for the Association of Southeast Asian Nations (ASEAN) as part of trade facilitation in achieving the single market and production base under the ASEAN Economic Community directive agreed in 2015. The region has been undertaking positive steps toward standard harmonization in ASEAN priority sectors, integrating and bringing about regulatory convergence by taking into account the diversities that exist in the ten ASEAN member states. Health supplements in ASEAN are under the responsibility of the Traditional Medicine and Health Supplement Product Working Group (TMHS PWG). One of the TMHS PWG’s outputs is the ASEAN Agreement on a Regulatory Framework for Health Supplements, which includes various technical requirements for health supplements that participating member states must adopt by adjusting their domestic regulations. The key ingredients of these health supplements are vitamins and minerals. While all ASEAN countries allow the use of vitamins and minerals in health supplements, the amounts allowed for use vary, depending on the nutritional requirements deemed appropriate by each country. Partly in response to these efforts for regional harmonization, there have been important changes to vitamin and mineral limits in certain ASEAN countries that are worth monitoring. Some of these are outlined below. Thailand In January 2024, the Thai Food and Drug Administration (TFDA) updated the Thai Recommended Daily Intake (Thai RDI) guidelines for the Thai population. Subsequently, the TFDA adjusted the vitamin and mineral limits in order to comply with the updated Thai RDI and to follow the ASEAN Agreement on a Regulatory Framework for Health Supplements. The TFDA’s adjustment of vitamin and mineral limits for use in food supplements came in Notification of the Ministry of Public Health (No. 448) B.E. 2566 (2023) Re: Food Supplements (No. 5), which was published in the Government Gazette on January
Read More
August 8, 2024
On July 19, 2024, Thailand’s Ministry of Public Health Notification No. 450 B.E.2567 (2024) came into effect after being published in the Government Gazette the day before. The notification introduces significant updates to the labeling requirements for prepackaged foods. This new regulation consolidates and updates Thailand’s rules for food labeling by repealing and replacing several previous notifications. The notification’s key changes and their implications for food businesses are identified below. 1. Clarified “Best Before” Definition The notification aligns the definition of “best before” with Codex standards. It now refers to the date marking the end of the period during which the food maintains its best quality under stated storage conditions. After this date, food quality may change, and the product cannot be marketed. 2. Updated Labeling Exceptions Certain foods are exempt from labeling requirements, with the latest list including: Foods sold directly to consumers by manufacturers who can provide product information. Unprocessed foods. Some fresh foods not sold directly to consumers. Prepackaged foods produced and sold for immediate consumption in food service settings. However, any of these exempt foods that have received food serial numbers must still have labels that comply with the notification. 3. Expiration Date and Best-Before Date Display The notification provides clearer language for displaying the expiration date and best-before date. If specific wording is required by other notifications, it must be followed. English equivalents are now permitted alongside Thai text. 4. Warning Displays Multiple applicable warnings can now be consolidated and displayed together, provided the complete message is included as specified. 5. Claims about Substances or Ingredients New guidelines have been established for making claims about food additives and ingredients. Claims should be factual, not deceptive, and provably not false. 6. Label Placement and Design Labels must be permanently affixed, proportionate to the packaging, and
Read More