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​ 

September 7, 2023
Thailand is a member state of the ASEAN Economic Community, and next year, it is expected that the ASEAN Harmonization of Traditional Medicines and Health Supplements will be signed by the economic minister of each ASEAN country. Following ratification, the ASEAN Guidelines on Claims and Claims Substantiation for Traditional Medicines and Health Supplements will become the standard guidelines in the region, and various implementation efforts and instruments will follow. These guidelines cover a wide range of medicines and supplements; however, it is not possible to cover all herbal products. There are three types of health supplement claims: nutritional claims, functional claims, and disease risk reduction claims. Examples of the three types of claims include the following: Nutritional claims: supplements nutrition, nourishes the body, supports healthy growth and development, etc. Functional claims: maintains healthy joints, supports immunity, maintains liver function, etc. Disease risk reduction claims: helps to reduce risk of dyslipidemia, helps to reduce risk of osteoporosis, etc. The degree of evidence required for substantiating disease risk reduction claims is higher than for functional claims and nutritional claims. Functional claims and disease risk reduction claims must be substantiated by efficacy studies and the relevant toxicity data. It is the responsibility of the health supplement company to provide the required evidence in order to comply with the criteria for making such claims. Tips on Health Claims for Health Supplements 1. Nutritional Claims For essential nutrients such as vitamins and minerals, as listed by the Thai Food and Drug Administration (FDA), the amount included in a supplement must be between 15% and 100% of the Thai Recommended Daily Intake (RDI) values. Rules for specific kinds of nutritional claims are provided in the Notification of the Thai FDA RE: Nutrient Function Claims. For example, the nutrients that can be claimed as boosting the
Read More
August 29, 2023
Laos’ Ministry of Health (MOH) has promulgated a regulation detailing registration and notification protocols for medical devices. Decision on the Registration and Notification of Medical Devices No. 1470/MOH will come into force 60 days after both the signing of the regulation (which already occurred in July) and publication in the Official Gazette, which has not yet been specified by the government. Registration of medical devices in Laos is mentioned in the country’s Law on Drugs and Medical Products No. 07/NA, dated December 21, 2011, but a registration procedure has not been put in place. There was only a separate requirement to furnish certain required documents when importing medical devices. Now, the decision outlines the registration and notification process for medical devices through the Ministry of Health’s Food and Drug Department (FDD), in line with the regulatory principles in the ASEAN Medical Device Directive of 2015, which Laos has ratified. Medical Devices in Laos The decision defines medical devices as any instrument, apparatus, implement, machine, appliance, implant, in vitro reagent or calibrator, software, material, or other similar or related article intended for any of the following uses in humans: Diagnosis, prevention, monitoring, recovery from, or alleviation or treatment of a disease; Diagnosis, monitoring, recovery from, or alleviation of or compensation for an injury; Replacement, modification, or support of anatomy or a physiological process; Supporting and sustaining life; Controlling or assisting in conception; or Disinfection and sterilization of tools and medical devices. Medical devices in Laos are given one of four classifications based on their level of risk: Class A – Low risk (e.g., rubber belts, cotton for medical purposes, nonwoven swabs, adhesive bandages) Class B – Low-moderate risk (e.g., neonatal suction equipment, surgical gloves, gastro-catheters) Class C – Moderate-high risk (e.g., endoscopic surgical equipment, anesthesia equipment, peritoneal dialysis equipment) Class
Read More
August 29, 2023
Since the June 9, 2022, delisting of all parts of the cannabis plant according to the Narcotics Code, there has been an explosion of cannabis dispensaries operating in Thailand. The Department of Thai Traditional and Alternative Medicine (DTTAM) has issued more than 12,000 cannabis dispensary licenses to businesses in Thailand. A license allows a dispensary to sell cannabis flowers legally. In addition, the DTTAM requests the cooperation of dispensaries in submitting monthly reports about the sourcing, selling, and inventory of cannabis flowers. The DTTAM may suspend the selling license of dispensaries that fail to submit these reports. Apart from the enforcement duties and administrative acts of the DTTAM, the enactment of the laws and regulations pertaining to cannabis seemed to be drastically winding down. One of the reasons was that Thailand had delays in the process of forming a new government following the general election of May 14, 2023. These delays dampened Thailand’s thriving cannabis industry. In particular, the industry has concerns about the uncertainty of the nascent cannabis law. On August 11, 2023, the Narcotics Control Division of the Thai Food and Drug Administration (FDA) posted the Draft Regulation Re: Application for Approval and Approval for Manufacture, Importation, Exportation, Distribution or Possession of Narcotics under Category 5 (Extracts from Cannabis or Hemp Plants Only). This may be the first regulation that the newly formed government implements with regard to cannabis extracts. Unlike the DTTAM’s enforcement activities, the Thai FDA requests that a domestic manufacturer, importer, exporter, or seller of cannabis extracts apply for a license. The Thai FDA, as the authority, will consider granting a license only in the following cases: For medical benefits; For commercial or industrial benefits; For the benefit of medical or scientific analysis or research; and For use by the government for preventing and
Read More
July 11, 2023
Enacted in 2009, Indonesia’s current Law on Health (Law No. 36/2009) is due for a refresh. The government realized that the law has not maintained its relevance when it comes to health trends such as digital health, which refers to the provision of health services online (also commonly known as telemedicine). While regulations and policy blueprints, such as Ministry of Health (MOH) Regulation No. 46/2017 concerning National E-Health Strategies, have addressed these shifting trends, Indonesia’s main health legislation has proved inadequate in this regard. For this reason, the government began making plans for an update to the law, and the first draft Omnibus Health Law was published in March 2023. The law addresses digital health and other important issues in today’s health landscape, and it seeks to promote the use of locally made health supplies. The draft Omnibus Health Law represents a notable step forward, but in its attempt to govern and regulate all aspects of health, there are also some issues in the draft that may overlap with some existing government regulations, such as provisions on Halal certification, compulsory licensing of patents, and addictive substances. This article outlines some of the draft law’s key aspects as well as some potential issues. Digital Health In addressing the growing health trend of telemedicine, the draft law confirms, reinforces, and fills gaps left by Indonesia’s three main regulations concerning telemedicine. namely, MOHR No. 20/2019 concerning Telemedicine, MOHR No. 24/2022 concerning Medical Records, and Medical Council Regulation No. 74/2020 concerning Telemedicine (MCR No. 74/2020). One of these regulations, MOH Regulation No. 20/2019, allows health service facilities to provide telemedicine services to other health service facilities. This covers telemedicine services related to radiology, electrocardiography, ultrasonography, and telemedicine consultancy services—including those that reflect developments in science and technology. This is the only regulation concerning
Read More