Education First—Regulation Can Follow

The Ministry of Health has proposed new regulatory steps for cannabis in Thailand. Commercial growers will be required to pass Good Agriculture and Collection Practices (GACP) certification, while consumers will require a prescription to purchase their respective dosage of buds. Changes, if effected, are expected in July. The Ministry of Health, and its supporters, have cited the large amount of cannabis being smuggled out of Thailand, notably to the UK, plus consumption of cannabis by minors and public smoking as reasons to take imminent action to restrict growth and consumption. For reference sake, regulations already exist restricting all sale of cannabis to minors and prohibit unlicensed export of cannabis from Thailand.

To be clear, the changes proposed by the Ministry of Health are far from draconian. Prior to 2022 they would have been welcomed and celebrated as forward thinking and progressive. HighThailand has always advocated that all cannabis consumption is health consumption, and the list of ailments which the ministry has cited to be covered by cannabis prescriptions seem to acknowledge this principle. Furthermore, quality standards for growing cannabis, and any vegetable, herb, or other consumable plant, should ensure the safety of the consumer. On the face of it these changes seem reasonable.

Me on stage with a lot of Thai cannabis heavy weights

But we have lived through three years of successful legalization and development of the cannabis industry and its culture—all with existing regulations. We cannot ignore such development—and the Ministry should not apply new regulations—without first understanding how their proposed changes will affect the existing industry and culture. Numerous licensed businesses—farms, dispensaries and other ancillary ventures—have opened, with an enormous amount of capital, peoples’ entire livelihoods, invested. A culture has developed around cannabis growth and consumption, which is celebrated locally, and which attracts regional and international tourism. Local growers and their mastery of cannabis is being noted internationally with demand rising for quality Thai cannabis and further education both home an abroad on levels of quality. Legal cannabis has been a net plus for Thailand, Thai society and the economy with limited detriments.

Of course, those detriments cannot be ignored, and they include smuggling of dubious and potentially dangerous (PGR) cannabis outside of Thailand. Uneducated consumers, including minors, have consumed and had adverse reactions to cannabis. Furthermore, inconsiderate consumers have been combusting cannabis in public without regard to the people around them. But these detriments are already addressed and prohibited by existing laws. It is hard to see how additional layers of law will address the abovementioned problems when existing laws are ineffective.

UpperCut Hip Hop Sesh at PHC

As mentioned above, a Thai centric GACP certification for commercial growers makes sense. However, to be Thai centric this requirement should be phased in with full input, transparency and information provided to growers at all levels with a focus of protecting Thai consumers from dangerously grown cannabis. The government with support from the private sector should cooperate to educate and help smaller and poorer growers adjust and adapt to best practices so that Thai GACP compliance is not an undue and overbearing burden. Protecting consumers of cannabis does not have to result in the destruction of small growers. Instead, growers should be considered a vulnerable class who need added support and protection in the face of economic challenges.

While there is logic behind GACP requirements, the requirements for prescriptions are counterproductive. Prescriptions will not address inconsiderate public consumption or consumption by minors. It is hard to see how a prescription requirement would stop an inconsiderate consumer from blowing smoke while walking down Sukhumvit. Existing rules prohibiting public nuisance combustion are ignored and rarely enforced. Similarly, it is already illegal to sell cannabis to minors. Why would the added layer of a prescription further limit cannabis consumption by minors? Minors are well versed in black market transactions, where cannabis is cheaper and easier to procure than the more expensive licensed dispensaries. Restricting cannabis sale to consumers with a prescription will push more cannabis out of legitimate and licensed points of sale and create a deeper and more sophisticated black market.

The prescription requirement will only serve to stunt the organic growth of Thai cannabis culture and its industry. For the past three years, the ability for consumers, growers, artists, chefs, etc., to meet in dispensaries, conferences, conventions, celebrations and cups has driven a new level of creativity, culture and tourism. The additional steps, annoyance, and additional costs would presumably limit the ability for the community to get together in various forms to celebrate cannabis. Limits on creativity will limit the commercial potential of the cannabis industry and kill Thailand’s most promising and organically growing “soft power”. Thai cannabis culture, a culture which organically is spurring so much excitement, positivity and interest on the world stage, can only benefit Thailand. The Ministry could promote this “soft power” by investing time and resources in the endless potential of the Thai cannabis health industry. Thailand can and should be a leader in cannabis health and research. “Health” should not be used to restrict adult access to cannabis and destroy the existing cannabis economy, but rather to promote the culture and strengthen the cannabis economy.

Lastly, we cannot ignore our own community’s responsibility in trying to curtail intrusive public smoke. Adult consumption should be protected—but so should the public’s personal space. Our rights to enjoy cannabis should not be at the expense of anyone else’s rights to breath clean air (that goes for smoking tobacco and burning of crops as well). But requiring prescription for cannabis consumption will have no influence on those individuals who already flaunt existing law, and more importantly selfishly disregard public courtesy and consideration, by blowing smoke haphazardly. 

Rather than curtail rights, we should be focusing on developing people, the economy and Thailand. In this time of global economic uncertainty, playing with the livelihoods of the millions of individuals in the cannabis industry will have effects felt throughout the Thai economy. Indeed, the right prescriptions for the cannabis industry are constructive steps to help promote industry and culture by developing a Thai centric GACP, promoting cannabis “soft power”, educating, and supporting all which we have built over the last three years. Redundant restrictions will only frustrate all development and push more people into the black market. The Ministry and society can be constructive by developing critical thought and cannabis education to empower people to make fully informed decisions on cannabis, limit minor’s consumption of cannabis, and respect the public’s rights to breath clean air.