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Thailand Recriminalizes Recreational Cannabis in Unprecedented Move.

Editor’s note – This article is part of our continuing series on international legal developments in cannabis law. Kight Law attorney Anthony Traurig, who resides in Europe and has significant experience in the international sector via his work with CannIntelligence, discusses Thailand’s abrupt shift in cannabis policy. Click here to read his December 2024 article about Thailand. -Rod Kight

Three years after freeing cannabis from its Narcotics Act and legalizing it with few restrictions, Thailand has implemented regulations to restrict cannabis to medical use, thus prohibiting sales for recreational purposes.

According to regulations published in the Royal Gazette, vendors may not sell cannabis without the presentation of a medical prescription, which must specify the amount of cannabis necessary for treatment and must not exceed a 30-day supply. The prescription must be provided by someone certified under Thai law as a medical professional, traditional Thai medical professional, local traditional doctor, traditional Chinese medicine practitioner, pharmaceutical professional, or dentist.

This represents a major shift in the sale of cannabis in Thailand since the entire cannabis plant, as well as extracts with up to 0.2% THC, were legalized in June 2022. Although the removal of cannabis from the Narcotics Act was intended to only be for medical purposes, regulations to limit sales to medical purposes have not been implemented until now. During these three years, an estimated $1 billion industry has grown, and more than 10,000 dispensaries opened across the country.

The recreational cannabis industry that formed has been under constant threat as numerous legislative attempts to reign it in ultimately failed. Less than a year ago, regulations to end recreational cannabis appeared to be on the verge of implementation until then-Prime Minister Srettha Thavisin was abruptly removed from office in August 2024.

Can the cat be put back into the bag?

Although the eventual shift back to a medical regime might have been foreseeable, the abruptness with which it happened is nonetheless startling and unprecedented.

Since so many efforts to regulate the industry failed over the years, operators weren’t unreasonable in being skeptical that any attempt would be implemented. The health minister announced that he had signed the order on Monday (with few details known), and by Thursday, it was published in the Royal Gazette and in force. This means that the thousands of operations that were fully legal a few days ago are now technically criminal if they continue to operate.

The director-general of the Department of Thai Traditional and Alternative Medicine (DTTAM) said that there would be a grace period for operators to prepare, but with the publication of the regulation in the Royal Gazette, it is already in force. This creates an untenable situation for responsible operators trying to get into compliance, in which their operations could be considered criminal under the law but must rely on the word of the authorities that they won’t be thrown in jail.

Confusion and frustration will surely reign for operators in the coming months, as thousands of businesses scramble to figure out what to do.

With change comes opportunity

Although the recriminalization of recreational cannabis understandably steals the headlines, the new regulation includes an important provision that could bolster Thailand’s position in the international marketplace.

Cannabis for sale or export must now be from sources certified by DTTAM to have good agricultural and collection practices (GACP).

This requirement demonstrates a concerted effort to establish a legitimate medical cannabis market in Thailand that is an important step towards its compliance with international trade standards, as well as boost its reputation for quality.

With domestic demand sure to dwindle due to the new regulation, operators will undoubtedly look to international markets to offload their product. There are already around 40 Thai cultivators with GACP certification, but increasing that number could bring about more competition and more competitive pricing for the export market.

Incompatibility of quality standards and questionable compliance with international drug treaties have so far hindered Thai medical cannabis from entering the European market. While the new regulation certainly won’t resolve these issues overnight, it could represent a step towards alignment.

Is the rollercoaster ride over?

While the new regulation represents a major policy shift for Thai cannabis, it is difficult to fully believe that cannabis regulation is now definitively settled.

Bear in mind that just a few years ago, Thailand was notorious for its harsh penalties on recreational cannabis, going so far as drug-testing tourists and even imposing the death penalty for traffickers. The pendulum swung hard in the other direction in 2022 by becoming the first Asian country to legalize cannabis, and now it is returning to strictly a medical regime. It is impossible to know whether this is where the dizzying ride eventually ends.

To complicate matters, Prime Minister Paetongtarn Shinawatra’s reign is holding on by a thread politically after seeing the second-largest coalition partner, the Bhumjaithai Party – which spearheaded cannabis legalization – leave the governing coalition. If the regime were to change, then a new government could rewrite the regulation just as swiftly as it was implemented.

June 30, 2025

Anthony Traurig - cannabis legal consultant

Kight Law attorney Anthony Traurig is a legal consultant on the global regulation of cannabis. Residing in Barcelona, Spain, Anthony has advised clients on expanding into international markets for many years as a Senior Legal Analyst at CannIntelligence. (He continues working with them as a Senior Advisor.) Anthony has worked with companies of all sizes and from all corners of the globe helping them identify enticing markets to expand into, understand requirements for market entry, and track the latest developments in the global cannabis sector.

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