Why Thailand is Rethinking Cannabis Decriminalization: Unveiling the Truth about Weed Hangovers

Wassaya Iemvijan, a former lawyer from Bangkok, initially sought cannabis as a means of "alternative care" to alleviate stress and find solace. Having personally experienced the benefits of the plant in managing her own depression, Iemvijan seized the opportunity to establish a cannabis dispensary when its decriminalization came into effect.

Iemvijan and her husband Nitikrist Attakrist, both lawyers, registered for a license to cultivate and distribute cannabis on June 9, 2022 - just two days after Thailand became the first Southeast Asian country to decriminalize the plant. Attakrist expressed that they were experiencing high levels of stress in their legal profession, and although they had not initially intended to establish a cannabis shop, they decided to do so in order to educate others on maximizing the benefits of cannabis while also understanding the associated responsibilities.

Thailand's Public Health Minister Anutin Charnvirakul after signing a measure that drops cannabis from his ministry's list of controlled drugs. (AP Photo/Sakchai Lalit)

Sakchai Lalit/AP

Thailand just decriminalized cannabis. But you still can't smoke joints, minister says

In the last year, Thailand has experienced a surge in the establishment of cannabis dispensaries in various cities and towns throughout the nation. Although access to cannabis has always been accessible in the country, it was previously associated with significant risk.

Northern Thailand, located in the infamous Golden Triangle, is renowned for being one of the most prosperous drug manufacturing regions globally. However, the use of marijuana remained illicit, resulting in severe penalties for offenders.

Nevertheless, this scenario underwent a radical transformation with the complete decriminalization of cannabis. Tourists wandering through Bangkok's renowned Khao San Road or the upscale neighborhoods of Thonglor were just as likely to be greeted by the fragrant aroma of marijuana as they were by the enticing smells of street food. Moreover, cities such as Chiang Mai even arranged vibrant cannabis festivals.

Thailand's cannabis laws could be rewritten again, just over a year following the decriminalization of the plant. This potential shift comes after a conservative coalition government gained power in the recent election.

In a recent interview with Bloomberg TV, Thai Prime Minister Srettha Thavisin stated that his government intends to revise the cannabis law in the next six months. He emphasized that the plant will continue to be legal solely for medical purposes, aiming to address the growing drug problem in regions like northeastern and northern Thailand. "We cannot afford to have another issue complicating matters," Thavisin added.

The law requires rewriting and rectification for exclusive medical use, leaving uncertainty for Iemvijan, Attakrist, and other cannabis-related businesses, weed cafes, and dispensaries that have emerged in the last year.

Attakrist emphasized that any reversal in cannabis policy would be the most detrimental decision ever, considering the positive impact it has had on a wide range of individuals in Thailand, including farmers, small business owners, and retail workers.

"We are strongly against any legislation that could hurt the industry."

Cannabis couple entrepreneurs Attakrist and Iemvijan at their Shaggy Buds dispensary in Bangkok.

Wisawa Mcintyre/Turk

What is the law?

Thailand's legalization of medical marijuana in 2018 was just the beginning. The country further pushed the boundaries in 2022 by decriminalizing the cultivation, trade, and use of marijuana and hemp products for medicinal purposes. This progressive move ensures that individuals can freely harness the various parts of the plant to alleviate illnesses without fear of any legal repercussions.

Starting in 2022, cafes and restaurants gained permission to offer cannabis-infused food and beverages, with the condition that these products contain less than 0.2% tetrahydrocannabinol (THC), the primary psychoactive component of the plant. Nevertheless, it is important to note that smoking marijuana in public areas continues to be against the law in Thailand. Severe penalties, as outlined in Thailand's Public Health Act, include imprisonment for up to three months and a fine of $800 for individuals caught engaging in such behavior.

"We have never endorsed the recreational use of cannabis or its use in a manner that may inconvenience others," stated Thai Health Minister Anutin Charnvirakul in an earlier interview with CNN, prior to the decriminalization in June.

In practice, a significant portion of the cannabis available for purchase in the country exceeds the legally allowed THC limit of 0.2%, highlighting the inconsistent adherence to regulations and legal norms.

Staff prepare cannabis at a store along Bangkok's popular Khaosan Road.

Athit Perawongmetha/Reuters

Observers say there has been a noticeable increase in public consumption of the plant, encouraged by the ambiguities in the law.

Ley Singdam, the owner of a marijuana dispensary in the popular tourist destination of Phuket, argues that the lack of distinction between smoking medical marijuana and using it for recreational purposes has played a role in the increasing popularity of recreational cannabis consumption. Nevertheless, Ley, along with numerous other business owners, acknowledges that the situation is already beyond control.

"The government is wrong if it thinks changing the drug act will stop people from using," Ley said.

Businesses to take a hit

However, despite the government's plans for a crackdown on recreational cannabis use, it is highly probable that it will have a detrimental impact on small businesses, according to Attakrist. He believes that the current predicament is ultimately the fault of the Thai government. Attakrist asserts that cannabis dispensaries, including his own, have consistently been responsible and thorough in verifying buyers' IDs and educating customers on cannabis regulations.

"Cannabis carries fewer adverse effects in comparison to alcohol and cigarettes; however, it remains essential for us to reiterate the official regulations in Thailand," remarked Attakrist. "The government should have demonstrated better preparedness from the onset; their approach was careless."

"They have effectively generated a legal void and are presently attempting to shift the responsibility onto business owners and the cannabis community."

According to experts interviewed by CNN, farmers who transitioned from cultivating traditional cash crops like rice to cultivating cannabis would also face significant consequences. Bangkok-based cannabis entrepreneur Kitty Chopaka emphasized the positive impact of the industry, stating that it had generated numerous job opportunities for Thai individuals, particularly in rural areas. Additionally, she highlighted the fact that many parents could afford to enroll their children in superior educational institutions as a result of their involvement in the cannabis sector.

Chopaka emphasized the importance of public input, stating that no other law in Thailand's history holds as much significance. He highlighted the substantial impact this multifaceted industry, combining medicine and recreation and deeply rooted in Thai tradition and culture, has on people's lives and the nation's future.

An indoor cannabis farm in Bangkok.

Michael Zaytsev, an academic director at LIM College's cannabis bachelor's degree program and a cannabis business consultant in New York, stated that governments often begin by prioritizing medical marijuana while prohibiting adult recreational use. However, he emphasized that this approach could hinder the industry's potential for expansion.

Zaytsev mentioned that there has been a rapid growth of cafes, stores, and other cannabis businesses, with tourists spending hundreds of millions of dollars in a short period of time. However, he acknowledged that the cannabis industry faces significant regulatory risks that could potentially pose existential threats. He emphasized the difficulties of navigating this complex industry, which offers both high risk and high reward opportunities.

"The challenge is to find a balance between regulation and support."

A step back?

Thailand stands out in Asia, as most countries in the region have stringent drug regulations. Countries like Singapore and Indonesia take the severity to the extreme by imposing the death penalty for crimes related to drug trafficking, possession, or use.

In the past, Thailand also had severe punishments for such offenses. However, Gloria Lai, the Asia director of the International Drug Policy Consortium, highlights that limiting the use of cannabis solely for medical reasons could have negative consequences, rather than benefiting society.

Lai, speaking to CNN, emphasized that the prohibition or banning of substances does not successfully eradicate them and can, in fact, lead to unintended consequences. Therefore, it would be disastrous if Thailand's new government reverts to drug policies that have clearly been ineffective. Additionally, Zaytsev from LIM college firmly asserts that prohibition is an ineffective approach.

"I fervently pray that Thailand does not follow the path taken by Singapore, where individuals are subject to capital punishment for engaging in the distribution of cannabis… a relatively harmless botanical that is widely consumed across the globe by individuals of all demographics," he expressed.

Staff members of RG420 cannabis store in Bangkok, Thailand, are seen preparing cannabis at Khaosan Road, a highly popular tourist destination, on July 31, 2022. (Photo credit: Athit Perawongmetha/Reuters)

Cannabis cafes the latest addition to Thailand's tourism offerings

How Srettha Thavisin and his coalition government plan to go about changing the law hasnt been made clear.

His Pheu Thai party, despite campaigning to repeal the 2022 legislation, now finds itself in a coalition with the Bhumjaithai Party, led by health minister Anutin Charnvirakul, who actively advocated for decriminalization. While the party opposes reclassifying cannabis as a drug, it is committed to enhancing industry supervision.

However, experts have warned that if cannabis businesses are forced to operate illicitly, it will become more difficult for law enforcement to regulate them. This, in turn, could lead to an increase in illegal activities and a return to the dominance of organized crime syndicates, such as those involved in trafficking large quantities of methamphetamine and other illicit drugs in Thailand and its neighboring countries.

According to Lai, the reintroduction of criminal penalties like imprisonment could result in arrests, compulsory drug testing, and the reestablishment of criminal records for individuals involved in the cannabis trade.

"The Thai government should instead be gathering and presenting data so that decisions made are based on evidence."

Srettha Thavisin at the Pheu Thai party headquarters in Bangkok on August 21, 2023.

Manan Vatsyayana/AFP/Getty Images

For now, despite the uncertainty, business has been good, Iemvijan said.

The debate comes just as the quality of domestically produced cannabis in the country was improving, she added.

Iemvijan stated that Thai cannabis has significantly improved in quality, becoming cleaner and safer compared to earlier times. Additionally, she mentioned that the situation in Thailand is complex, but small businesses, including theirs, are generally supportive of new regulations as long as they are reasonable and easy to follow.