Growing Commercial Cannabis In Thailand (Laws On Cultivation, Selling & More)

Learn about growing commercial cannabis in Thailand.

Growing cannabis for profit is a dream for many, but it’s not without its challenges. Each state has its own rules for how to legally grow marijuana, including licensing requirements, which can be costly and take time to obtain. If you want to grow commercial cannabis in Thailand, the rules have changed recently, and it’s essential to learn the regulations before you get started. This article will offer valuable insights to help you achieve your goals as you learn how to grow cannabis legally in Thailand.

GrowerIQ’s cannabis production software can help you achieve your objectives, such as learning the regulations on growing commercial cannabis in Thailand. Our easy-to-use cannabis grow software takes the guesswork out of running a compliant operation.

Thailand’s Cannabis Boom

Thailand’s cannabis boom has been significant since the decriminalization of the plant on June 9, 2022. This move followed the earlier legalization of cannabis for medical use in 2018, but the real transformation occurred when Thailand’s Food and Drug Administration removed cannabis and hemp from the list of Category 5 narcotics. 

This allowed the cultivation, sale, and consumption of cannabis and hemp plants, although there are still restrictions on products with THC content greater than 0.2%. Cannabis and hemp extracts with higher THC levels remain classified as narcotics, and selling these products is still prohibited.  

The Evolving Cannabis Regulatory Landscape in Thailand

Despite cannabis being largely legalized, regulatory frameworks are still evolving. For instance, the flower or bud of the cannabis plant is now considered a controlled herb. This classification means businesses need licenses for research and commercial activities involving these parts of the plant. 

Entrepreneurs in Thailand and abroad are eager to tap into this rapidly growing industry. The absence of comprehensive cannabis legislation presents uncertainty. With future elections potentially affecting the legal landscape, investors must stay informed about the changing regulatory requirements.  

Opportunities and Challenges in the Thai Cannabis Industry

The cannabis sector in Thailand offers substantial opportunities, but the lack of clear, long-term legislation means businesses must operate cautiously. Keeping up with regulatory changes will be crucial for success in this emerging market.

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What are the Regulations On Cannabis In Thailand?

The legal status of marijuana in Thailand has undergone significant changes in recent years. Following the removal of cannabis and hemp from the list of Category 5 narcotics by Thailand’s Food and Drug Administration, the country’s regulations on these substances have been evolving. 

Medical Marijuana Legalization

In 2018, Thailand made a historic move by becoming the first Southeast Asian country to legalize marijuana for medical and research purposes. This marked a dramatic shift, especially in a region known for strict drug laws. Under the new framework, patients could access cannabis-based treatments for a variety of medical conditions, such as:

• Chronic pain
• Epilepsy
• Cancer-related symptoms

Licensed hospitals, doctors, and researchers were given the authority to prescribe and study cannabis-based treatments.

Decriminalization and New Laws (2022)

In 2022, Thailand took another groundbreaking step by decriminalizing marijuana for personal use, effectively removing it from the country’s list of banned narcotics. This decriminalization came with strict regulations. While cannabis is no longer considered a criminal offense, using it recreationally in public, especially smoking it in public spaces, is still illegal and can lead to penalties, including fines and jail time.

Regulations Around Cannabis

While cannabis cultivation is legal in Thailand, individuals and businesses must adhere to government guidelines. Personal cultivation is allowed, but growers need to register with the Food and Drug Administration (FDA) via an official app. Cannabis can be used for personal medical purposes and incorporated into wellness products, but the sale and use of cannabis extracts with over 0.2% THC remains prohibited unless licensed for medical or research purposes.

GrowerIQ: A Comprehensive Solution for Cannabis Growers

At GrowerIQ, our software aims to provide cannabis growers with a comprehensive solution for:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process
• Overall uncomplicating the production process

We do this with our cannabis production software which offers a range of functionalities to assist cannabis growers, including: 

• Seed-to-Sale Tracking
• Quality Management
• Cultivation Planning

Recreational Cannabis vs Medical Cannabis

Medical Cannabis Regulations in Thailand

Legal Framework

The journey toward legal medical cannabis in Thailand kicked off with a significant amendment to the Narcotics Act on February 19, 2019. This change allowed for limited medical use of cannabis, which was a big step considering it was previously classified as a category 5 narcotic. This classification made any activities related to cannabis pretty much impossible without strict legal hurdles.

Key Regulatory Bodies

The Thai Food and Drug Administration (Thai FDA) is the main authority overseeing everything cannabis-related. It is responsible for issuing licenses and ensuring that all medical cannabis products meet health and safety standards. Thus, it plays a crucial role in ensuring that patients get safe and effective treatments.

Recent Developments

A major shift happened on June 9, 2022, when Thailand delisted cannabis and hemp plants from the Narcotics Act. This meant that people could cultivate and use unprocessed cannabis parts without needing licenses, which is pretty liberating! If you’re dealing with cannabis extracts that contain more than 0.2% THC, you still need a license to handle those.

Qualifying Conditions

Medical cannabis isn’t just a free-for-all; it can only be prescribed for certain medical conditions. This includes things like:

• Chronic pain
• Nausea from chemotherapy
• Epilepsy and a few others

The evidence supporting its use varies, but there’s growing acceptance among healthcare providers.

Access and Distribution

To get your hands on medical cannabis, you need to go through licensed healthcare practitioners who can prescribe registered products. These products include pharmaceuticals and traditional medicine formulations approved by the Ministry of Public Health.

Recreational Cannabis Regulations in Thailand

Current Status

Now, when it comes to recreational cannabis, things are a bit more complicated. As of now, recreational use isn’t fully legalized. There’s no outright ban, but the government has hinted at plans to potentially reclassify cannabis as a narcotic again. If that happens, we could see strict penalties on production, sale, and possession, which would put a damper on the progress made so far.

Government Actions

Political changes have brought new proposals to relist cannabis as a category five narcotic by January 2025. The main concerns here revolve around public health and the fear of substance abuse, particularly among young people. It’s a balancing act for the government as they try to navigate the pros and cons.

Public Sentiment and Backlash

The rapid changes in the regulatory environment have stirred up a lot of public sentiment. Pro-cannabis advocates are voicing their concerns through protests, arguing that stricter regulations could push the industry underground. They believe that legalization has potential benefits for both medical use and the economy.

Commercial Cultivation

Commercial cultivation of cannabis is allowed but comes with its own set of rules. Larger operations need permits, while small household cultivators must notify the authorities but face fewer restrictions. It’s a way to encourage local growers while still maintaining some level of oversight.

Future Considerations

Looking ahead, the Thai government is working on a comprehensive Cannabis and Hemp Act. This new framework aims to clarify the rules around cultivation and establish a more structured regulatory environment for both medical and recreational use. So, we can expect more changes on the horizon as they try to find the right balance for this budding industry.

Growing Commercial Cannabis In Thailand

The Green Rush in Thailand: Who Can Grow Hemp and Cannabis Commercially?

Thai Nationals Only

Currently, only Thai nationals can legally grow cannabis plants. Foreign individuals or entities are prohibited from registering for cultivation, and businesses that grow cannabis must have majority Thai ownership.

No Plant Limits

There are no restrictions on the number of plants that can be cultivated by individuals, allowing for flexibility in the scale of cannabis farming.

Registration Requirement

Although it is not mandatory at present, individuals and businesses are strongly encouraged to register their cannabis plants via the “plookganja” (“grow cannabis”) website or app. This is likely to become a legal requirement in the future when new regulations are enacted.

The Business of Cannabis Cultivation

Business Stakeholders

While businesses cannot directly register for cannabis farming, individual stakeholders in the business can register on their behalf. During registration, the purpose of cultivation must be declared, with commerce being one of the options available.

Thai Majority Ownership

Most cannabis-related businesses, including those involved in cultivation, sales, importing, exporting, and processing, must be majority-owned by Thai nationals. This rule excludes foreign companies and foreign-majority companies registered in Thailand from engaging in cannabis production and sales, except for certain activities such as seed importation.

Foreigners and Cannabis Cultivation

Foreign Business Exclusion

The Thai government has imposed restrictions that largely exclude foreign companies from participating in the cannabis industry, particularly in production and sales. This is part of a broader effort to protect local businesses from international competition with superior resources and technology.

Foreign Business Act

Many activities related to cannabis, such as farming and the sale of food and beverages containing cannabis, are already restricted by Thailand’s Foreign Business Act, which places limits on foreign ownership and involvement in these sectors.

An Exception for Seed Importation

Foreign entities can import and sell cannabis seeds. This activity still requires obtaining the necessary licenses and strictly following the regulatory requirements.

Future Legislation and Compliance

As the regulatory environment around cannabis is still evolving in Thailand, future legislation is expected to clarify and formalize the requirements for cannabis cultivation and other related activities. Businesses and individuals involved in the cannabis industry are advised to remain compliant with current guidelines and anticipate forthcoming regulations to avoid legal issues.

Simplifying Cannabis Cultivation with GrowerIQ

Cannabis growers face challenges in managing reporting, documentation, and compliance requirements due to the:

• Complexity of regulatory frameworks
• Evolving legal standards
• The need for accurate record-keeping in a highly regulated industry

At GrowerIQ, our software aims to provide cannabis growers with a comprehensive solution for:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process
• Overall uncomplicating the production process

We do this with our cannabis production software, which offers a range of functionalities to assist cannabis growers, including: 

• Seed-to-Sale Tracking
• Quality Management
• Cultivation Planning

Restrictions On Selling, Importing & Exporting Cannabis In Thailand

Cannabis extracts can be used to create cosmetics, food, and drinks. Products must contain less than 0.2% THC. The same rule applies to manufacturing cannabis-infused products. You can use cannabis plant components besides the flower instead of extracts. It’s unclear if non-flower components like leaves and stems must also meet the THC threshold. That’s a problem because, while they can contain more than 0.2% THC, processing or cooking them could be seen as an extraction process. 

If the THC limit is broken, you could run into legal trouble. Companies that manufacture or sell (wholesale or retail) these products don’t need a cannabis license. They must comply with other licenses and regulations, such as obtaining a food production license from the Thai FDA. 

Who Can Buy Cannabis Flowers in Thailand?

Cannabis flowers cannot be sold to: 

• People under the age of 20
• Students
• Pregnant or breastfeeding women

Where Can Cannabis Flowers Be Sold in Thailand?

Cannabis flowers cannot be sold online or through vending machines, and advertisements for cannabis products are strictly prohibited. There are also restrictions on selling cannabis in places like:

• Temples and other places of worship
• Public parks
• Amusement parks
• Hostels

Cannabis flowers can only be sold at brick-and-mortar businesses, and such purchases cannot be consumed on the premises. For example, at a cannabis coffee shop, patrons can consume edibles (which must contain less than 0.2% THC), but they cannot smoke marijuana there as the coffee shop is considered a public space. Businesses are investing in private smoking areas, but they would have to be open-air spaces that would not disturb the public. 

Record Keeping for Cannabis Flower Sales

Businesses licensed to sell cannabis flower must also keep records that they must submit to the Ministry of Public Health, including such information as how much cannabis they have in inventory, where the cannabis came from, and their intended use. 

Cannabis Distribution Licenses in Thailand

Both wholesale and retail cannabis flower sales require a cannabis distribution license from the Thai FDA. 

Importing Cannabis into Thailand

Currently, the only part of the cannabis plant that can be legally imported is the seed. Importing cannabis seeds requires approval under Thailand’s Plant Propagation Act and Plant Quarantine Act.

Exporting Cannabis from Thailand

There is a cannabis export license available for cannabis flower from the Thai FDA. The criteria are strict and limited to medical marijuana. Considering the legal status of cannabis in other countries, even with cannabis being removed from Schedule IV of the UN’s Single Convention on Narcotic Drugs, exporting cannabis flowers may a complicated undertaking.

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Upcoming Regulations And Uncertainties On Cannabis Legalization In Thailand

Recent political developments have led to proposals to reclassify cannabis back as a narcotic. Prime Minister Srettha Thavisin announced intentions to restrict cannabis use primarily to medical purposes due to concerns over its accessibility to minors and the rise in related crimes. This proposed reclassification could impose severe penalties for possession and use, including potential prison sentences of up to 15 years and fines up to 1.5 million baht (approximately $40,600). 

Cracking Down on Enjoying Cannabis

The government is taking measures to tighten regulations around the country’s emerging cannabis industry, particularly to limit its recreational use. This action includes the submission of a revised cannabis bill to the Cabinet, proposed for December 2023. This bill aims to address loopholes in marijuana usage, establish new guidelines for cultivation, and introduce criminal penalties. 

Public Pushback on Cannabis Restrictions 

The potential re-criminalization of cannabis has sparked protests from advocates who argue that such moves would undermine the cannabis industry and negatively impact economic opportunities. Hundreds of pro-cannabis advocates took to Bangkok’s streets to protest a possible ban on general use. This was after the Thai government floated plans to relist the plant as a narcotic, two years after it was decriminalised. 

The Health Ministry Drug Control Committee approved the proposal, which would allow cannabis only for medical and research purposes. The proposition will be submitted to the Office of the Narcotics Control Board this week and, if agreed upon, will take effect on 1 January 2025.

The History Of Marijuana In Thailand

Cannabis has played a role in Thai culture for centuries. The plant was traditionally used in Thai cooking, where it added flavor and medicinal properties to dishes. Beyond food, cannabis had significant practical and medicinal applications. 

Laborers in Thailand reportedly used the herb to relax their muscles after a hard day’s work, while women used it to alleviate labor pains during childbirth. Thai traditional healers incorporated cannabis in treatments for pain, nausea, and even as a remedy for digestive issues. The plant’s fibers were also valued and used in making durable ropes and textiles.

The Shift to Criminalization of Cannabis

In the 20th century, cannabis use in Thailand became more restricted as international pressures led to its criminalization in the 1930s. For decades, it was classified as an illegal drug, despite its historical role in Thai culture. 

Thailand’s Modern Cannabis Comeback

In recent years, Thailand has experienced a dramatic shift in its approach to cannabis, becoming the first Southeast Asian nation to legalize it for medical use in 2018. This marked a significant return to its traditional role in Thai medicine and culture with a focus on the therapeutic and economic potential of cannabis. 

Thailand’s modern embrace of cannabis for medical and economic purposes reflects the deep historical ties the country has had with the plant, positioning it as a leader in cannabis reform in the region.

Thailand’s Marijuana Market Potential & Opportunities For Businesses

Thailand’s marijuana market is showing significant potential, with expected revenue reaching USD 410.80 million by 2024 and a compound annual growth rate of 2.96% from 2024 to 2029. By 2029, the market volume is projected to hit USD 475.20 million. Though smaller than global leaders like the U.S., which is expected to generate USD 42.98 billion in 2024, Thailand is positioning itself as a key player in the region.

Customer Preferences and Market Trends 

Consumer preferences in Thailand are shifting toward cannabis products due to changing attitudes about its medicinal and recreational uses. The demand for alternative healthcare, wellness products, and natural remedies has led to an increased interest in cannabis, particularly in the form of CBD-infused products. This trend aligns with the growing global acceptance of cannabis as part of holistic wellness solutions.

Focus on Medical Cannabis 

A notable trend in Thailand’s cannabis market is its focus on medical cannabis products. The Thai government has been actively promoting cannabis for medical purposes, driving demand for pharmaceutical-grade cannabis. This push toward medical cannabis has created a surge in investor interest, with the cannabis derivatives market growing in response to this demand. 

Regulatory Environment 

Thailand’s regulatory framework is crucial in shaping the cannabis market. Historically, the country has had a long tradition of cannabis use, but recent legal reforms have formalized the:

• Cultivation
• Sale
• Use of cannabis for medicinal purposes

These reforms have opened doors for both local businesses and international investors, helping Thailand become a regulated and structured cannabis market.

Economic and Regional Impact 

From a macroeconomic perspective, Thailand’s strategic location in Southeast Asia positions it well to capitalize on regional demand for cannabis products. The cannabis industry also offers opportunities for:

• Job creation
• Investment
• Revenue generation

As Thailand further diversifies its economy, the cannabis sector could play a significant role in boosting economic growth and securing its place as a regional leader in the cannabis trade.

Uncomplicate Your Cannabis Production Today With GrowerIQ!

Cannabis growers face challenges in managing reporting, documentation, and compliance requirements due to the following:

• Complexity of regulatory frameworks
• Evolving legal standards
• The need for accurate record-keeping in a highly regulated industry

At GrowerIQ, our software aims to provide cannabis growers with a comprehensive solution for:

• Managing their cultivation operations
• Ensuring compliance
• Optimizing quality
• Enhancing efficiency throughout the seed-to-sale process
• Overall uncomplicating the production process

We do this with our cannabis production software, which offers a range of functionalities to assist cannabis growers, including: 

• Seed-to-Sale Tracking
• Quality Management
• Cultivation Planning

Related Reading

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