6 November 2009
Psychotropic Substances Act
B.E. 2518 (1975)
BHUMIBOL ADULYADEJ, REX.
Given on 4th January B.E. 2518;
Being the 30th year of the present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that :
whereas it is expedient to have a law on psychotropic substances :
Be it, therefore, enacted by the king, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly, as follows :
Section 1 This Act is called the "Psychotropic Substances Act, B.E. 2518".
Section 2 This Act shall come into force after ninety days from the date of its publication in the Government Gazette.
Section 3 All other laws, rules and regulations in so far as they have been provided in this Act or are contrary to or inconsistent with the provisions of this Act shall be replaced by the Act.
Section 4 In this Act,
"psychotropic substance" means such a psychotropic substance which is natural or derived from nature, or synthetic as the Minister notifies in the Government Gazette;
"preparation" means any solution or mixture, in whatever physical state, containing a psychotropic substance including a psychotropic substance in dosage form ready for applying to human being or animal;
"exempt preparation" means a preparation notified by the Minister in the Government Gazette to be exempted from certain measures of control of a psychotropic substance containing therein;
"accompanying leaflet for psychotropic substance" means a piece of paper or anything on which any picture, imprint or statement concerning a psychotropic substance is shown, which has been inserted in or put together with a container or package of the psychotropic substance :
"produce" means manufacture, mix, prepare, or convert and includes transform, repack or pack :
"sell" includes dispose of, dispense, distribute, exchange, deliver, or possess for sale;
"import" means bring or order into the kingdom;
"export" means carry or send from the kingdom to a foreign country;
"carry across" means bring or send through the kingdom but excludes bring or send active ingredients through the kingdom without transshipping from the aircraft used for international public transport :
(2)"consume" means take in psychotropic substance by whatever means or whatever ways;
(3)"Psychotropic substance addiction" means habitually consuming psychotropic substance so far as being in the state of psychotropic substance dependence whereby such state is capable of being identified on a technical basis;
(4)"treatment" means the treatment of psychotropic substance addict which also includes the rehabilitation to return that addict to the state of normal person;
(5)"medical establishment" means the medical establishment or convalescent home of the treatment or rehabilitation for psychotropic substance addicts as notified by the Minister under section 6.
"place" includes a building or a part thereof and its compound;
"pharmacist" means a first-class practitioner in the branch of pharmacy;
"licensee" means a person receiving a license under this Act and includes, in the case of a juristic person being a licensee, a person appointed by such juristic person to carry out the business concerning psychotropic substances;
(1) The Secretary-General of the office of the Food and Drug Board or the person entrusted by him
(a) for the grant of permission to possess or utilize psychotropic substances in all Schedules :
(b) for the grant of permission to produce, import or export psychotropic substances in Schedule III and Schedule IV or carry across psychotropic substances in all Schedules;
(c) for the grant of permission to sell psychotropic substances in Schedule III and Schedule IV in Bangkok Metropolis;
(2) the Governor of Province or the person entrusted by him for the grant of permission to sell psychotropic substances in Schedule III and Schedule IV in Province under his jurisdiction except Bangkok Metropolis;
"Board" means the Psychotropic Substances Board;
"competent official" means a person appointed by the Minister for the execution of this Act;
"Secretary-General" means the Secretary-General of the Office of the Food and Drug Board;
"Minister" means the Minister having charge and control of the execution of this Act.
Section 5 The Minister of Public Health shall have charge and control of the execution of this Act and shall have the power to appoint competent officials, issue Ministerial Regulations determining fees not exceeding the rates annexed to this Act, exempting fees, and determining other activities as well as to issue Notifications for the execution of this Act.
Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.
             
(2) added by psychotropic substances Act (No.3) B.E.2535, section 3, published in the Government Gazette Vol.109, Part 14, dated 27th February B.E.2535 (1992).
(3)-(5) added by Psychotropic Substances Act (No.3) B.E.2535, section 3.