Hot! Draft of the Narcotics Act ( No. . . ) B.E.

Draft of the Narcotics Act ( No. . . ) B.E.

Tues. Por . 18 / 2021 , the
second annual general term

 

Section 3. Marijuana, hemp, which has been carried out under this Act not considered a narcotic under the law on narcotics or the drug law
Section 4. In this Act

“Cannabis” means plants of the genus Cannabis and substances or substances contained in cannabis plants such as rubber, oil.

“Hemp” means plants of the genus Cannabis and substances or substances contained in hemp plants such as rubber, oil, and containing tetrahydrocannabinol. (tetrahydrocannabinol, THC) not exceeding the amount prescribed by the Committee. by publishing in the Government Gazette

“Extract” means a substance obtained from the extraction process of all parts of cannabis or hemp.

“Produce” means to cultivate, plant, make, mix, cook, transform, transform, synthesize scientifically. and shall include repackaging or bundled together for sale Simple processing is not included.

“Sell” means to sell, dispense, distribute or exchange for commercial benefits. or give with compensation or other benefits and shall include having for sale

“Export” means bringing or exporting outside the Kingdom.

“Import” means bringing or ordering into the Kingdom.

“Consumable” means eating, chewing, drinking, swallowing, or bringing into the body by any means. or in any form

“Licensor” means the Secretary-General of the Food and Drug Administration. or the secretary The Food and Drug Administration assigns For licenses to produce and import or export, sell or advertise cannabis, hemp.

“informed person” means
(1) Governor of Bangkok or a person entrusted by the Bangkok Governor For the notification of the use of cannabis Household hemp in Bangkok
(2) President of Provincial Administrative Organization or a person assigned by the President of the Provincial Administrative Organization For the notification of the use of cannabis Hemp in regional households

“Usage of cannabis “Household hemp” means cultivation for personal consumption in order to maintain one’s health. and families living in the same residence, but not exceeding the amount prescribed in the Ministerial Regulation

“permission consideration process” means the consideration of an application Document validation Evaluation of academic documents analysis Inspection of production, import, export, sale or inspection to issue a license or a notification receipt, as well as any consideration About Cannabis Hemp

Section 3
Permissions and Permissions

Section 15. Any person wishing to produce, import, export, or sell must obtain a license from the licensor. import or export A license is required every time you import or export. from the licensor
Application for permission, qualifications of the applicant licensing issuing a substitute for a license renewal Modifying the license entries under paragraph one and paragraph two and the duties of the licensee shall be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations.
Section 15/1 The provisions of Section 15 do not apply to the sale of cannabis, hemp, extracts, or extraction residues. as prescribed by the Minister with the approval of the Committee

Section 7
advertising

Section 25. No person shall advertise unless licensed by the licensor.

Application for permission to advertise under paragraph one licensing and conditions for advertising under the license shall be in accordance with the rules, procedures, and conditions prescribed by the Committee and published in the Government Gazette.

Section 26. In the case where the licensor is of the opinion that any advertisement violates the announcement of the committee under section 25 paragraph two, the licensor shall have the power to order the advertiser to perform any of the following actions: (1) amend the statement or method; In advertising, (2) prohibiting the use of certain texts or methods appearing in advertisements; (3) suspending advertisements. The order under paragraph one The licensor may also order the advertisement to publish accurate information. by allowing advertisers to be responsible for all costs

Section 26/1 The provisions of Section 25 do not apply to the advertisement of cannabis, hemp, extracts, or extraction residues. as prescribed by the Minister with the approval of the Committee

Section 9
appeal

Section 30 In the event that the licensor or the recipient has not issued a license or a notification receipt or does not allow the renewal of the license or the notification receipt, the applicant or the informer or the applicant for renewal of the license or the applicant for renewal of the notification receipt has the right to appeal in writing to the Minister within thirty days from the date of receipt of the notice of non-licensing or a notification receipt refusal to renew the license or a notification receipt, as the case may be.

Section 10
Protection of persons who may be harmed
from cannabis consumption, hemp, and prevention of abuse

Section 33 A licensee is prohibited from selling marijuana, hemp for consumption. to the following persons
(1) a person under twenty years of age
(2) pregnant women
(3) lactating women
(4) any other person as prescribed in the notification of the Minister of Public Health.

The sales licensee shall have the duty to post an announcement or notify at the place of sale to be informed of the prohibition of sale to the person under paragraph one in accordance with the rules and procedures prescribed in the notification of the Minister of Public Health.
paragraph one It does not apply to sales by a medical professional. Thai traditional medicine practitioner Practitioner of applied Thai traditional medicine ordered for their patients for the benefit of treating disease

Section 4
Notifications and Receiving Notifications
uses of cannabis Household hemp

Section 16 Whoever wishes to cultivate for the use of cannabis Household hemp must be notified to the recipient and when the information receiver has issued a notification receipt to be able to do that
Qualifications of the requester issuing a notification Issuing a substitute for a notification receipt Renewal of the notification receipt Amendment of particulars in the information receipt under paragraph one and duties of the informer to be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations The informant must cultivate cannabis, hemp, as noted.

Category 5
approval processArticle 18 In the process of considering permission Assign the following officers, persons, organizations, or agencies to assess, inspectand consider granting
(1) an officer assigned by the licensor
(2) experts, specialist organizations Government agencies or private organizations both domestically and internationally that has been registered from

Food and Drug Administration and has been assigned by the licensor perform such duties

Section 19 for the benefit of the approval process Let the Minister, on the recommendation of the Marijuana Committee, Hemp has the power

Announcement as follows:
(1) Criteria, methods, and conditions for listing an expert organization government agency or private organization in

In this announcement, qualifications, standards, and operations of persons, agencies or

such organization

(2) Accounting fees to be collected from experts. expert organization government agency or private organizations both in the country and abroad

which shall be collected must not exceed the rate of fees annexed to this Act.

(3) Types and expenses at the Food and Drug Administration. or a government agency that performs duties and powers; or

The agency assigned by the Secretary-General, as the case may be, will be collected from the applicant in the approval process. which can be stored

must not exceed the rate of fees annexed to this Act

Section 6
license suspension license revocation or a notification receipt

Section 22 Any licensee who violates or does not comply with this Act or ministerial regulations or announcements issued under this Act

give the licensor a warning or the licensor with the approval of The license suspension committee or revoke the license

as appropriate in the case, in accordance with the rules, procedures, and conditions prescribed by the Minister of Public Health with the approval of the Faculty

Announcement of the committee

The suspension of a license under paragraph one, not more than one hundred and eighty days each time or in the case of suing the licensee to the court that

has committed an offense under this Act may order the suspension of the license until the court has given a final judgment.

Section 23 A person whose license has been suspended may apply for any license during the suspension of the license

A person whose license has been revoked may apply for any license. or may not request for a further notification under this Act until the expiration of three years from the date

license revoked

In the event that a juristic person’s license is revoked The provisions of paragraph two shall apply to directors, managers, and persons responsible for

operate the business of that juristic person mutatis mutandis

Section 11
penalty

Section 34 Any person who produces, imports, exports, sells without obtaining a license under section 15 paragraph one shall be liable to imprisonment for a term not exceeding three years, or

a fine of not more than three hundred thousand baht or both
Section 35 Any licensee under section 15 paragraph two Export each time without specific permission each time is taken.

import or export shall be liable to a fine not exceeding five thousand baht each.
Section 36. Any person who violates section 33 shall be liable to a fine not exceeding thirty thousand baht.

transitional chapter

Section 37 Within a period of five years from the date this Act comes into force The importation of cannabis, hemp, can only be done in the following cases:

go here
(1) for study, analysis, research
(2) for medical purposes; or

Section 38 For the benefit of government service from the date this Act comes into force Provide a medicinal formulation containing cannabis concoctions for use in the form

special for accessing drugs under the ministerial regulations, obtaining permission and authorization, manufacturing, importing, exporting, selling, or having in possession

The narcotics of category 5, only marijuana, B.E. 2021, were produced before the date this Act came into force. to be considered

herbal products according to the law on herbal products

Section 39 All ministerial regulations, rules, or announcements issued under the Narcotics Act B.E. 2522 or the Code

drug law or guidelines that the committee under the said law has provided and in force on the day before the date of the royal

This ordinance applies shall remain in force to the extent that it is not contrary to or contrary to this Act or until there is a ministerial regulation

Regulations or announcements issued under this Act shall apply.

Section 40. A license to produce, import, export, distribute or have in possession of narcotics of category V, specifically hemp.

(Hemp) issued in accordance with the ministerial regulations for permission and permission to produce, import, export, distribute or have in possession of narcotics

Punishment in category V, only Hemp, B.E. 2563, and the license to produce, import, export, sell or have in possession of drugs

Addiction is punishable by category 5, marijuana only.

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