Proposal Needed for Legal Revisions to Foreign Land Leases. A proposal to allow foreigners to lease land in Thailand for up to 99 years may require significant legal amendments, according to Finance Permanent Secretary Lavaron Sangsnit. This proposal involves transferring privately-owned land to state property managed by the Treasury Department. ASEAN NOW



Image by Freepik

 

A proposal to allow foreigners to lease land in Thailand for up to 99 years may require significant legal amendments, according to Finance Permanent Secretary Lavaron Sangsnit. This proposal involves transferring privately-owned land to state property managed by the Treasury Department.

 

Mr Lavaron highlighted the necessity of a comprehensive study, potentially leading to the amendment of related laws. Under the constitution, public consultations would also be required for any new legislation.

 

The concept, initially proposed by former premier Thaksin Shinawatra, suggests that Thai landowners could lease their land to foreigners for up to 99 years by first transferring the title deed to the Treasury Department. During the lease period, the Thai landowner would receive full payment but relinquish ownership, with the land becoming state property.

 

Foreign lessees would gain the right to lease land for a maximum of 99 years, after which the property would revert to state ownership. To address specific concerns, conditions would prohibit foreigners from leasing land for agricultural use or developing low-cost housing for low-income individuals without requiring a down payment.

 

However, no official policy level action has been undertaken on this proposal. Implementing such a scheme would require revising multiple laws, including Treasury Department regulations that currently cap leases at 30 years.

"Extending the lease to 99 years would require legal amendments," said Mr Lavaron. "Additionally, laws concerning the transfer of state property would need to be reviewed to determine whether land can be transferred from private ownership, with specific leasing conditions for foreigners. Amendments to the Civil and Commercial Code would also be necessary, along with defining types of land use restrictions."

 

According to the 2021 ministerial regulation under the State Property Act of 2019, leasing state property is generally limited to 30 years, unless for commercial or industrial purposes approved by the finance minister. For utilisation of state property involving more than 500 million baht from private entities, rental rates must match or exceed rates approved by the State Property Committee, reported Bangkok Post.

 

A Finance Ministry source, who wished to remain anonymous, noted that similar proposals had faced opposition in the past, with critics arguing it could lead to effectively "selling the country" to foreigners. However, allowing long-term leases while maintaining Thai ownership might address these concerns.

 

-- 2024-09-30

Legal Corner: Laws in Thailand When Dogs Bite or Harm Someone. In Thailand, if a person’s dog bites or harms another person, the owner, if they exist, is generally held liable for the damages caused. Here are some key points:- The Pattaya News

Legal Corner: Laws in Thailand When Dogs Bite or Harm Someone

Adam JuddMonday, 30 September 2024, 1:54

In this week's legal corner, sponsored by our friends at Anglo Siam Legal in Pattaya, we look into a recent hot topic in the national Thai news…dog attacks.

In the past week alone there have been two cases of a person being attacked and killed by a dog, or dogs, in Thailand. We reported on these incidents here.

Lets take a look at the laws in Thailand on this subject:

In Thailand, if a person's dog bites or harms another person, the owner, if they exist, is generally held liable for the damages caused. Here are some key points:

1. Civil Liability: According to Section 433 of the Thai Civil and Commercial Code, the owner of an animal is responsible for compensating the injured party for any damages caused by the animal. This includes medical expenses and any other costs directly related to the injury.

2. Criminal Liability: If the owner is found to be negligent, they could face criminal charges under Section 300 of the Penal Code. This could happen if it is proven that the owner knew the dog was agitated and failed to restrain it, leading to grievous bodily harm. The penalties can include imprisonment for up to three years and a fine of up to 6,000 baht.

3. Local Regulations: In  Bangkok, for example, there are additional regulations that require dog owners to control their pets to avoid causing annoyance or harm to others. This includes keeping fierce breeds on leads and muzzled when in public². Fines for non-compliance can go up to 5,000 baht.

If a stray dog bites or harms someone in Thailand, the situation can be a bit more complex:

1. No Direct Owner: Since stray dogs don't have a specific owner, there's no individual to hold directly liable for the damages. This means the injured person may not be able to claim compensation in the same way they would if a pet dog caused the injury.

2. Local Authorities: In some cases, local authorities might be responsible for managing stray animals. If the authorities have been negligent in controlling stray dog populations or ensuring public safety, there might be grounds for a claim against them. However, this can be difficult to prove and may require legal assistance.

3. Public Health Measures: Local governments often have measures in place to control stray dog populations, such as vaccination and sterilization programs. If a stray dog bite occurs, it's important to report it to local health authorities to ensure proper medical treatment and to help prevent future incidents.

4. Community Responsibility: In some communities, there are efforts to care for and manage stray dogs collectively. This can include feeding, vaccinating, and even adopting stray dogs. While this doesn't directly address liability, it can help reduce the risk of incidents.

In reality, private financial settlements are often made between parties while avoiding legal action over a dog attack in Thailand, at least if the dog has an identified owner. If the dog is a stray, however, it is often difficult if not impossible to reach any sort of compensation.

It's also important to note that if the victim of an attack was trespassing on private property, either knowingly or not, laws could significantly differ and the owner may not be liable in Thailand.

Consider reaching out to Anglo Siam Legal for assistance with any problems you may have had or questions regarding legal matters, including legal issues around conflicts over a dog attack.

Rising Baht Sparks Fears of Another 'Tom Yam Kung' Crisis. Thailand - Prachai Leophairat, CEO of TPI Polene Public Company Limited, expressed concern over the rising value of the Thai baht and its potential economic impact, drawing parallels to the 1997 "Tom Yam Kung" crisis. ASEAN NOW

 

Thailand - Prachai Leophairat, CEO of TPI Polene Public Company Limited, expressed concern over the rising value of the Thai baht and its potential economic impact, drawing parallels to the 1997 "Tom Yam Kung" crisis.

 

Prachai outlined 11 key risks associated with the strong baht. He emphasized that if the U.S. dollar's interest rate falls while Thailand's baht interest rate rises, the baht will appreciate.

 

A 10% increase in the baht's exchange rate combined with a 10% decrease in the dollar will raise production costs by 20%. This cost hike would make Thai products 20% more expensive than competitors, leading to a decline in primary goods and forcing secondary and tertiary industries to halt production.

The potential consequences include:

 

1. Factory closures
2. Rising unemployment
3. Reduced consumer spending
4. Halted industrial investments
5. Increased household and business debt
6. Higher bank loan costs due to rising bad debt reserves
7. Banks limiting loans to struggling businesses
8. Reduced government tax revenues and budget cuts
9. Lower government spending
10. A shrinking GDP
11. Declining foreign currency reserves
     

Prachai warned that if exports don't increase and factories continue to close, Thailand might face a shortage of foreign currency reserves. This could lead to a repeat of the 1997 crisis, leaving the country vulnerable to foreign exploitation of its assets, reported Naew Na.

 

Top: FILE photo

 

-- 2024-09-30

What will the Destination Thailand Visa look like in 2025? - Pattaya Mail

What will the Destination Thailand Visa look like in 2025?

Pattaya MailSeptember 29, 2024

The latest visa is off to a good start, but there are issues down the line.

DTV has got off to a splendid start according to the Thai foreign minister Maris Sangiampongsa. Whilst there are no official statistics, social media bloggers suggest that between 1,500 and 2,500 have been issued in the 10 weeks since the launching. The question on the horizon is what happens to DTV holders when their initial six months are exhausted, that is assuming they want to stay in Thailand.

Tod Daniels, top contributor to the popular Facebook group destinationthailandvisa, sums up the problem. "How about we wait until December or January when the first people who got a DTV start reporting on how it will actually work and what is required?" he wrote. There will be, of course, two choices: to quit the country and return or to seek an extension at local immigration, both offering a further 180 days.

Either route has issues. As Integrity Legal's popular videos on YouTube often remind us, DTV is not actually a guaranteed entry five-year visa. The validity of the visa – when you can use it – is five years and it's true the visa is marked "multiple". Last July, the Tourist Authority of Thailand's (TAT) spokesman at the launch said that subsequent entries and extensions would not require more documentation as far as TAT was concerned, but it was open to immigration officers to request more paperwork at local offices (for extensions) or at airports and border posts (for subsequent entries to Thailand).

The silence of the immigration bureau, which controls entries and extensions, has been truly deafening during the DTV post-launch period. There is little doubt that there is the potential for abuse in DTV applications. Some digital nomads, technically working for an overseas company, are believed to have Thai customers contrary to work permit legislation. Soft power has been stretched very far, as instanced by the fact that attending pop concerts or having a dental appointment could qualify for long visa status. In theory anyway.

Dozens of Thai embassies worldwide are currently issuing DTVs, but the paper requirements vary. Some but not all require a bank account of at least three months standing. Others require the naming of a Thai guarantor and the evidence of the applicant's work-related activity in the past. Some embassies require the cookery classes to last up to six months, others three, whilst the documents needed for the registration of the Thai boxing academy are far from uniform. There are lots of embassy-related discrepancies detailed by members of the Facebook group.

Yet the likelihood is that nothing much of significance will happen soon. The prospect of DTV holders at immigration offices, airports and border posts being quizzed by officers about fresh paperwork is a recipe for daily, chaotic delays for the queuing public. Meanwhile, the government says it is working to combine different immigration data bases which will likely take most of next year to finalize. There is also an ongoing inter-departmental working party on reducing the number of non-immigrant visas which could impact DTV. There is no doubt DTV will be reformed, and likely restricted, in the light of experience. But perhaps not in 2025.

New revenue department rulings clarify overseas income concerns for expats. Pattaya Mail

New revenue department rulings clarify overseas income concerns for expats

Pattaya MailSeptember 28, 2024

Victor Wong clarifies new revenue department rulings on overseas income concerns for expats.

Many expatriates residing in Thailand have raised concerns about Section 41 of the Thai Revenue Code, particularly when it comes to income earned overseas and held in foreign bank accounts. The core worry revolves around whether this foreign income, even if not brought into Thailand, would still be subject to Thai taxation. In response, the Revenue Department has issued new rulings, 161/2566 and 162/2566, which provide clarity on how these incomes will be treated from January 1, 2024, onward. Here's what expats need to know.

What Does Section 41 Say?

Section 41 mandates that individuals who reside in Thailand must report and pay taxes on any income earned abroad, provided the income is brought into the country within the same tax year. However, with the new rulings, the interpretation of this section has been updated to account for a more comprehensive set of factors related to overseas income.

Key Points in the New Revenue Rulings (161/2566 and 162/2566)

1. Residency Requirement. If an individual spends more than 180 days in Thailand in any given tax year, they are considered a tax resident and must report their global income. However, if they spend less than 180 days, any income earned overseas will not fall under Thai tax obligations.
2. The correct interpretation of the new rulings, based on Revenue Department orders 161/2566 and 162/2566, specifically states that:

Income Earned After January 1, 2024: Income earned overseas after this date, once brought into Thailand, must be declared and taxed regardless of the year in which it is transferred. This applies even if the income is brought into Thailand in a future tax year. Essentially, if the income is generated after January 1, 2024, it will be taxable once it is transferred to Thailand, regardless of when the transfer takes place.

Income Earned Before January 1, 2024: For income earned before this date, even if it is brought later into Thailand, it will not be subject to these new rules. This provides a clear distinction between how pre-2024 and post-2024 income is treated under the updated tax regulations.

This distinction is important for expatriates or anyone with overseas income, as it clarifies that the tax obligations on income earned before January 1, 2024, are different from those earned after that date, even if the income is transferred later.

3. Types of Affected Income: The rulings apply to various types of income, including salaries, profits from the sale of foreign assets, royalties, and dividends. Any such income brought into Thailand after January 1, 2024, will be subject to Thai tax laws.

Anyway, for those from countries that have signed Double Taxation Agreements (DTAs) with Thailand, these agreements provide substantial relief by preventing the taxing of income twice. Here's how expats can benefit from these agreements:

1. Prevention of Double Taxation: If taxes have already been paid on foreign income in the country where it was earned, DTAs ensure that this income will not be taxed again in Thailand. This is particularly beneficial for expatriates who split their time and income between two countries.

2. Reduced Tax Rates: For certain types of income, such as interest, dividends, or royalties, DTAs may offer reduced tax rates. This allows those from signatory countries to benefit from more favorable tax treatment compared to non-DTA countries.

3. Tax Credits: In cases where taxes are paid abroad, DTAs often provide tax credits. These credits can be applied to offset tax liabilities in Thailand, minimizing the risk of double taxation and ensuring fair tax treatment for expatriates.

The new revenue rulings, combined with the benefits of Double Taxation Agreements, provide clearer guidance for expatriates who have income streams both in Thailand and abroad. Those who spend more than 180 days in the Kingdom, and who have foreign income, should be particularly aware of the new requirements that came into effect on January 1, 2024. As always, consulting with a tax professional is recommended to ensure full compliance with Thai tax laws.

In the next issue I will talk about using foreign cash cards in Thailand.

Victor Wong (Peerasan Wongsri)
victorlawpattaya@gmail.com
Tel: 062-8795414

Thai tax riddle: As the TRD gears up to release new tax forms before Christmas for the 2024 calendar year, expectations run high. Thailand’s unique tax structure raises questions, especially for retirees relying on pensions already taxed in their home countries. Additionally, many countries maintain double taxation agreements with Thailand, aimed at preventing individuals from being taxed twice on specific earnings. | Thaiger

Thai tax riddle: Elite Visa holders off the hook?

Puntid TantivangphaisalPublished: 16:37, 27 September 2024

Thai Real Estate Leaders Urge Bank of Thailand to Tackle Strong Baht as Foreign Condo Buyers Face Struggles. On September 25th, 2024, Mr. Prasert Taedullayasatit, the chief executive of a property business, urged the Bank of Thailand (BoT) to implement measures to prevent the baht appreciation from negatively impacting key sectors such as exports, tourism, and real estate.- The Pattaya News

Thai Real Estate Leaders Urge Bank of Thailand to Tackle Strong Baht as Foreign Condo Buyers Face Struggles

Kittisak PhalaharnThursday, 26 September 2024, 17:26

National —

On September 25th, 2024, Mr. Prasert Taedullayasatit, the chief executive of a property business, urged the Bank of Thailand (BoT) to implement measures to prevent the baht appreciation from negatively impacting key sectors such as exports, tourism, and real estate. 

Prasert highlighted that over 86 billion baht worth of condominiums are awaiting ownership transfers in Q4 2024, with around 20-30% of these properties being purchased by international buyers. The strong baht is making Thailand's property market less attractive to foreign investors, as they now require more capital to complete transactions.

Mr. Khajornsit Singsaensern, the President of Siamese Asset PCL, echoed these concerns, stating that the current exchange rate, which has dropped below 33 baht per US dollar, has weakened foreign demand, particularly in the condominium market. 

Khajornsit urged the BoT to consider lowering interest rates to weaken the baht, which would not only benefit the real estate sector but also revitalize other areas like exports and tourism. Additionally, he noted that lower interest rates would ease the financial burden on businesses and reduce loan repayment costs for citizens.

Mr. Vichai Viratkapan, the Acting Director of the Real Estate Information Center (REIC), added that while the real estate sector is seeing support from government measures, it needs additional stimuli, such as lower interest rates and relaxed loan-to-value (LTV) regulations. 

These actions would help boost the market, especially during the crucial final quarter of the year. He emphasized the importance of foreign buyers, who account for 25% (approximately 100 billion baht) of the total condominium market, valued at over 400 billion baht.

Despite some slowdown in Q2 due to financial transfer issues faced by buyers from Myanmar, China, and Russia, Vichai believes the situation will improve. He is optimistic that international transfers for 2024 will reach levels similar to 2023, which saw 73 billion baht in foreign condo transfers. 

As of the first half of 2024, foreign transfers have totaled 32.9 billion baht, with Chinese buyers remaining the dominant group, remarked Vichai.

Visa policies threaten soft power hippos, gay marriage and gambling. Visas, entry rules and extensions of stay are the Achilles heel in the marketing debate. Not to mention the policy to tax some overseas income transmitted to Thailand since January 2024 and the devilish plan (which requires a change in the law) to tax worldwide income from next year whether transmitted or not. The current panic and confusion about taxation for residents – living here for 180 days or more in a calendar year – is arguably without precedent in Thai immigration history. Soft power is always at serious risk when bad news is the headline talking point. - Pattaya Mail

Visa policies threaten soft power hippos, gay marriage and gambling

Pattaya MailSeptember 25, 2024

Cute animals are the latest highlight in Thailand's soft power.

If soft power is the ability of nations to influence others by persuasion and attraction, then Thailand is leading the pack. If India has its yoga, Bollywood and stylish curries, then Thailand has its cute zoo animals, same sex unions (coming soon) and licensed casinos (coming later). All this on top of the commerce minister's "Ignite Thailand", a fiery boost to the national coffers through international festivals of music, art, fashion, food and the like.

The term soft power, coined by American writer Joseph Nye in 1990, has been especially promoted in Thailand. It emphasizes a global smiling face which, for example, contrasts strongly with China's wolf-warrior foreign policy which threatens military doom against perceived enemies: thus Beijing cancelled the arrival of South Korean boy bands because Seoul militarily supports the United States.

Thailand is currently emphasizing visa policy as soft power: tourists can enter for 60 days visa-exempt, whilst the Destination Thailand Visa welcomes digital nomads, cookery enthusiasts and those with hospital appointments. Yet ambiguities persist. The plan to insist all visa-exempt tourists obtain pre-visit online permission has now been postponed, but not cancelled. Apparently, the likely confusion amongst millions of Indian and Chinese wannabe tourists has not been thought out.

The DTV is notably weak on details, especially whether documentation will need to be updated over the notional five years tenure. Since the immigration bureau, which will actually implement the system has been silent, it's all guess work. Hardly soft power. Nor is the recent revival of the messy and controversial scheme to tax foreigners, but not Thais, 300 baht for every visit they make here. Most expats as well as tourists will be caught in the web.

Visas, entry rules and extensions of stay are the Achilles heel in the marketing debate. Not to mention the policy to tax some overseas income transmitted to Thailand since January 2024 and the devilish plan (which requires a change in the law) to tax worldwide income from next year whether transmitted or not. The current panic and confusion about taxation for residents – living here for 180 days or more in a calendar year – is arguably without precedent in Thai immigration history. Soft power is always at serious risk when bad news is the headline talking point.

Chiang Mai downtown now under water: Emergency response in full swing. PBS World

LISTEN 

Troops and volunteers have been mobilised to fill sandbags to strengthen the flood wall as overflows from the swollen Ping River flooded vast areas of downtown Chiang Mai, including the commercial zone on Chang Klan Road, last night.

The water depth in the Ping River at Nawarat Bridge was measured at 4.45 meters at 6 am today.

Dusit Pongsapipat, the chief of the Office for Public Disaster Prevention and Mitigation, meanwhile dismissed a widespread rumor that the flood wall at Ban Ko Klang in the Pa Daet sub-district had completely failed.

He did mention, however, that sandbags installed by villagers to form an embankment to protect their village had crumbled, adding that more sandbags have been sent to reinforce the embankment.

Governor Nirat Pongsitthithavorn has had mobile units surveying water levels in the Ping River at various locations, especially low-lying areas, since last night, as part of their close coordination with the Royal Department of Irrigation.

Numerous cars parked on Chang Klan Road are submerged, but the road remains passable for larger vehicles; smaller ones are advised to avoid the area.

Calls for help, especially from families with bed-ridden relatives, began to be received by the provincial command center last night.

The ongoing flooding in Chiang Mai has been attributed to the recent Soulik storm and a low-pressure cell, which have brought widespread heavy rain to the area since last Saturday, according to the provincial office of the Royal Irrigation Department.

The office warned that the water level in the Ping River will stabilize for a short period before rising again due to the arrival of runoff from the Taeng and Ping river basins in Chiang Dao District, which were lashed by torrential rain last night.

Thailand Delays Automated Entry System for Foreign Tourists. Initially scheduled to roll out in December 2024, the Electronic Travel Authorisation (ETA) system's debut has yet to be determined due to ongoing coordination with relevant agencies. ASEAN NOW

 

Thailand's Ministry of Foreign Affairs announced on Monday that the launch of the nation's highly anticipated automated entry system for foreign tourists has been postponed. Initially scheduled to roll out in December 2024, the Electronic Travel Authorisation (ETA) system's debut has yet to be determined due to ongoing coordination with relevant agencies.

 

The ETA system aims to simplify immigration processes for international visitors by allowing tourists from 93 visa-exempt countries to register online before arriving in Thailand.

 

These travellers would then receive a QR code upon registration, enabling them to pass through automated immigration gates effortlessly. The ETA system is part of Thailand's broader strategy to transition towards a fully electronic visa system.

 

Despite the delay, the Foreign Ministry reaffirmed its commitment to implementing the ETA system. It stated that it is currently working closely with other government agencies to finalise the necessary details and ensure the system operates smoothly upon its eventual launch.

The postponement comes as Thailand continues to recover from the economic impacts of the COVID-19 pandemic, with tourism being a critical sector for the nation's economy.

 

Streamlining entry procedures through tools like the ETA system is seen as crucial for attracting more visitors and boosting tourism revenue, reported The Nation.

 

For now, travellers planning a trip to Thailand should stay informed by keeping an eye on updates from the Foreign Ministry and the Immigration Bureau. These agencies will provide the latest information on the ETA system's new launch date and any interim travel procedures that might be in place.

 

In summary, while the introduction of Thailand's ETA system is delayed, its importance in facilitating smoother and faster entry for foreign tourists remains clear. The Thai government continues to work diligently to bring this system online, aiming to enhance the overall travel experience for millions of international visitors annually.

 

TOP File photo for reference only

 

-- 2024-09-25

Electronic entry clearance topples seamless travel dreams. Some commentators are predicting the age of seamless travel has arrived. But sometime next year – the new foreign affairs minister Maris Sangiampongsa says the start dates are still under review – it will be compulsory for all visa-exempt travelers to obtain pre-flight approval via the online portal known as the Electronic Travel Authorization (ETA). Nobody has seen the forms yet, but they could well require an accommodation address in Thailand and an exit strategy to leave Thailand post-vacation.- Pattaya Mail

Electronic entry clearance topples seamless travel dreams

Pattaya MailSeptember 24, 2024

No matter where you want to go, prior authorization is becoming necessary.

Thailand, along with many other countries, has expanded its visa-exempt policy for foreign tourists to boost national income. Currently, most foreign visitors here can obtain 60 days on arrival, without prior clearance, and are eligible for a 30 days extension at local immigration. Some commentators are predicting the age of seamless travel has arrived.

But sometime next year – the new foreign affairs minister Maris Sangiampongsa says the start dates are still under review – it will be compulsory for all visa-exempt travelers to obtain pre-flight approval via the online portal known as the Electronic Travel Authorization (ETA). Nobody has seen the forms yet, but they could well require an accommodation address in Thailand and an exit strategy to leave Thailand post-vacation.

Thailand's neighbors are adopting a similar approach. Visa-exempt tourists to the Philippines must register online at least 72 hours prior to departure and Cambodia is busy testing out a compulsory pre-flight authorization for flights landing at Phnom Penh and Siem Reap. The UK is currently requiring visa-exempt tourists to apply three days in advance (but recommends 30 days), whilst the EU is launching an authorization program for those foreigners wishing to enter the 30 countries but do not have a formal visa.

Governments in Thailand and elsewhere argue that electronic authorization does not mean the introduction of compulsory visas via the back door. They say that visa-exempt travelers have to provide less information than for formal visa applicants and that personal interviews are not required – forgetting that many embassies no longer allow specified visa applicants on their premises – because everything is online. 

The reality is that prior electronic authorization, whether for a visa or to allow a visa-exempt entry, is an approval mechanism. It allows governments to assess any criminal activity, travel history and even some health data, whilst documenting accommodation details and outward flights, if any. It will certainly make impossible spur-of-the-moment foreign travel and replace it by a cost-benefit vetting procedure. Does the foreign government really want you? That's the new question we have hardly begun to debate.

Of course, the move to prior vetting for all is inevitable in today's world. For example, the Thai government is clearly concerned by the influx of so many Chinese tourists, amongst them an unknown number working illegally or exploiting in cartels traditional Thai hospitality for financial gain. The introduction of electronic clearance for visa-less entrants is in fact the triumph of national security concerns over free- flow traffic. The Thai foreign minister has called the 60 days on arrival "a policy renewable at all times with ease". Surely it's a bit more complicated than that.
Editor's Note: If you wish to quote or reference this article, please credit the Pattaya Mail

Entry Thailand: The portal to paradise. Dubbed “Entry Thailand,” this innovative platform not only features an electronic travel authorisation (ETA) system but also prepares for a future 300-baht fee for incoming visitors. | Thaiger

Entry Thailand: The portal to paradise

Bob ScottPublished: 09:10, 19 September 2024

Latest anti-cannabis moves reflect political compromise not moral outrage. The draft would restrict cannabis use to medical treatment, research by official agencies and as an optional extra to food and herbal products. Stiff penalties, including stiff fines and possible jail time, thus theoretically await those naughties caught in criminal deviance. But this is not formally defined anywhere in the draft. No mention of smoking for pleasure.- Pattaya Mail

Latest anti-cannabis moves reflect political compromise not moral outrage

Pattaya MailSeptember 22, 2024

A new cannabis law won't necessarily be free of ambiguity. (Photo NNT)

The health ministry's latest draft law on cannabis reflects the Cabinet's determination to avoid a parliamentary split between friends and foes. The draft would restrict cannabis use to medical treatment, research by official agencies and as an optional extra to food and herbal products. Stiff penalties, including stiff fines and possible jail time, thus theoretically await those naughties caught in criminal deviance. But this is not formally defined anywhere in the draft. No mention of smoking for pleasure.

Doubtless those favoring recreational cannabis will be accused of moral turpitude by endangering young people, causing traffic accidents and conspiring to injure Thailand's reputation as a great family resort. The government is attempting to look both ways at once – an apparent crackdown on drugs with loopholes. That's not an unusual legislative procedure. Prostitution is illegal in Thailand, but the most relevant law – the entertainment venue act of the 1960s – can hardly be accused of having stamped out cash for sex.

The draft's silence on cannabis for enjoyment is a subject of glowing interest to Thailand's 9,500 sales outlets (according to Weed Map). On Pattaya 's Walking Street, Khun Cherry runs an outside wooden-table stall where a simple roll of Thai weed will set you back 100 baht, or 3 US dollars. Or you can go inside a neon-lit and comfortable unit where bean bags, mood music and psychedelic opportunities are on offer. "We may face another registration in the future, but I don't think the Thai government will want to kiss goodbye the 1 billion dollar revenue at stake," predicts Cherry.

She is likely correct as Thailand's drug laws have always been about politics. The 1979 narcotics act with jail time up to 15 years, was partly motivated by American servicemen and other tourists openly smoking pot in public. After the coup of 2014, the military government needed a solution to over-full jails and the eventual decriminalizing of cannabis in 2022 led to thousands being released. There has been a handful of official warnings for weed-smoking in public, but foreigners have been largely untouched apart from occasional pub raids to test the color of the pee of those dancing the night away.

Because the decriminalization of 2022 was not backed by detailed legislation, there has been a free-for-all-market and the technical restrictions on the psychoactive ingredient THC have been ignored. The current Pheu Thai-led administration fought the last election on an anti-cannabis platform but now has to quieten its parliamentary "allies", in particular powerful interior minister Anutin Charnvirakul and his Bhumjaithai party which is the second-biggest partner in the current coalition. Anutin is not in favor of giving tourists a free ride, but wants to protect his rural constituent farmers who grow cannabis plants for profit.

The current draft law is up for discussion until the end of the month. A spokesman for the Cannabis Future Network said he absolutely didn't believe recreational use would be formally banned. Ganja shops, he thought, would need to re-register as street pharmacies (or similar) or perhaps customers would sign a slip to confirm they wanted the weed for their health. This would have the effect of reducing the number of ganja selling points, unable to deal with the bureaucracy, whilst offering a way out for the larger or popular ones, especially in tourist areas. The main enforcing agency could well be the Food and Drugs Administration which is notoriously short of staff. The Royal Thai Police has been noticeably hands-off ever since weed decriminalization in 2022. As the Roman poet Juvenal asked 2,000 years ago: "Who is watching the watchers?"