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 1, 2020

Thailand Readies Draft Notification to Allow Hemp-Based Ingredients for Food Innovation

Subscribe to Updates
Informed Counsel

The cannabis industry in Thailand took its first concrete step in February of 2019, when medical cannabis was unexpectedly legalized. In August 2019, a Ministry of Public Health (MOPH) notification delisted some components and derivatives of cannabis plants from the category of narcotics and reclassified them as products within the purview of individual laws (e.g., on medicine, herbal products, cosmetics, food, etc.). Then, in October 2019, the Narcotics Control Committee clarified the legal definition of hemp in order to streamline the development of the hemp industry, which is not limited to medical applications. After months of inactivity in 2020, caused by the refocusing of attention on efforts to combat the COVID-19 outbreak, the Thai FDA recently circulated draft MOPH notifications that aim to govern hemp-based food ingredients under the Food Act.

Under these draft notifications, only non-viable hemp seeds, hemp seed oil, and protein derived from hemp seeds will be allowed as ingredients in food products. This means the development of food and food supplements comprising those ingredients is likely to be allowed soon. The key features of these drafts are provided below.

Products and Ingredients

In the present drafts, hemp seeds, hemp seed oil, proteins from hemp seeds (as defined in law), and food supplements containing these ingredients are classified as “specially controlled foods,” a product category associated with the highest risk under the Food Act B.E. 2522 (1979).

In addition to existing notifications on food contaminants, the drafts prescribe the maximum levels of impurities, such as cadmium and lead, that can be found in the hemp seeds. Moreover, the total THC must not exceed 5 ppm (that is, 5 milligrams per kilogram) in dry hemp seeds, and the CBD content must not exceed 30 ppm in dry hemp seeds. More standards are also proposed for hemp seed oil, proteins from hemp seeds, and various other hemp-based food products.

In the presentation of the products, statements claiming any type or amount of THC or CBD, or any health claims about these substances, are prohibited. On the other hand, a statement or claim about the hemp seed, hemp seed oil, or proteins from hemp seeds may be allowed, subject to rules prescribed in a separate notification pertaining to health claims in food products.

Notable label requirements include “May contain THC and CBD. Anyone with allergies or sensitivities to said substances should consume with caution,” and “No therapeutic properties.”

Cross-References to Other Regulations

Because these hemp-based food ingredients are derived from plants that can have narcotic qualities, some parts of the supply chain would still be governed by the Narcotics Act and its implementing regulations; particularly the upcoming Hemp Regulation, which is now at a relatively advanced stage in the review process for draft regulations. All relevant notifications and regulations should thus be read jointly to give a complete picture of the regulatory framework.

The present draft notifications on hemp-based food ingredients make a number of references to the future Hemp Regulation. For instance, it states that licensed food manufacturers who process viable (i.e. still narcotic) hemp seeds into non-viable hemp seeds (non-narcotic food ingredients) must also hold a separate hemp possession license under the Hemp Regulation. Similarly, to import viable hemp seeds into Thailand, an importer must hold a separate hemp importation license under the Hemp Regulation. However, the current draft Hemp Regulation places a five-year transitional restriction on the importation of hemp. It appears from a joint reading of the legislation that importation of viable hemp seeds, even for food production, is only likely to be allowed after the Hemp Regulation has been effective for five years.

Expected Developments

The draft notification on hemp-based food ingredients are currently in the public scoping period, which will end on September 21, 2020. Until then, comments may be submitted via the official website of the FDA’s Food Division (relevant contents in Thai only). The drafts are subject to further amendments following the scoping period.

Download Full Article
Related Professionals

Industries

Life Sciences

Practices

Regulatory Affairs

Location

RELATED INSIGHTS​ 

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
Read More
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
Read More
August 8, 2025
In response to persistent challenges in food safety management and recent high-profile incidents involving counterfeit supplemented foods, infant formula, and health supplements, the Ministry of Health of Vietnam is initiating comprehensive regulatory reforms. These reforms include proposed amendments to the Law on Food Safety and its implementing Decree No. 15/2018/ND-CP (Decree 15), introducing significant changes to the registration procedures for food products, especially supplemented food products and health supplements. While awaiting public consultation and approval of the amended Law on Food Safety, the Ministry of Health is developing an interim mechanism, which includes a draft decree to replace Decree 15 and a draft resolution to address urgent issues until the amended law becomes effective, expected in July 2026. To align with the new Law on Quality of Products and Goods, the draft resolution stipulates that the declaration and registration of food products will follow the following procedures: Declaration of applied standards for food products, which is currently known as the “self-declaration” procedure, applies to processed packaged foods, food additives, food processing aids, containers or utensils that come into direct contact with food, packaging materials in direct contact with food, and micronutrients. Granting of circulation numbers, which is the current “registration of product declaration” procedure, applies to specific categories of food including health supplements, medical nutrition foods, special dietary foods, nutritional products for children up to 36 months, and, especially, supplemented foods, which are currently subject to self-declaration but will be shifted to this registration procedure. In addition, the following new procedure is introduced in the draft decree: Registration of declaration of conformity, which applies to the same product category as in “declaration of applied standards” above, but is for products that are already subject to technical regulations covering both safety indicators and quality indicators. Changes to the Food Product
Read More
July 23, 2025
On June 26, 2025, the National Assembly of Vietnam adopted Resolution No. 216/2025/QH15 to extend the duration of agricultural land use tax exemption through December 31, 2030. This policy extension reaffirms the government’s ongoing efforts to support the agricultural sector, ensure national food security, and promote rural development. Key Takeaways Tax Exemption Period Extended: The new resolution continues the full exemption from agricultural land use tax as stipulated under Resolution No. 55/2010/QH12, as amended in 2016 and 2020. The tax exemption, which was originally set to expire at the end of 2025, will now remain in effect until December 31, 2030. Scope of Exemption: The exemption applies to all types of land currently eligible under the existing legal framework for agricultural land use tax relief. This typically includes land used by households, cooperatives, and non-commercial organizations for agricultural production, aquaculture, salt-making, and reforestation. Effective Date: Resolution 216 will take effect on January 1, 2026. During the interim period, tax exemption remains valid under existing laws and resolutions until the end of 2025. Implementation Guidance to Follow: The government is tasked with issuing detailed guidance to ensure effective implementation of this extended exemption. Businesses, cooperatives, and individuals engaged in agricultural activities should monitor upcoming regulations and instructions from relevant ministries. Outlook Vietnam’s extension of agricultural land use tax exemption demonstrates a strong policy commitment to rural economic stability and environmental sustainability. For land users, the exemption represents meaningful financial relief that can be reinvested into modernizing farming techniques, improving land efficiency, or transitioning to sustainable practices. While the extension itself is automatic, it is recommended that agricultural land users and stakeholders review their land use documentation and tax profiles to ensure alignment with eligibility requirements. Future implementation regulations may also introduce new compliance obligations that should be tracked closely.
Read More