Unpacking the Latest in Drug Crime Legislation in Thailand
Key Takeaways
- Avoidance and Awareness: The safest approach in Thailand is to completely avoid any involvement with drugs. However, we recognise that unforeseen circumstances can occur, sometimes involving both local and foreign nationals.
- Legislative Framework: The Narcotics Act of 1979 defines narcotics and psychotropic substances, categorises them (notably Category 1 for dangerous narcotics such as heroin and Category 2 for ordinary narcotics), and prescribes severe penalties for offences ranging from possession to trafficking.
- Legal Guidance for Accused Individuals: Anyone accused of a drug-related offence should immediately consult a lawyer and, if applicable, contact their embassy.
Drugs in Thailand
Our first piece of advice to anyone in Thailand is to stay away from all forms of drugs.
That being said, we as lawyers appreciate that sometimes situations arise that are beyond our clients’ control.
As experienced criminal lawyers, we have encountered various cases involving both Thai and foreign nationals, and we have prepared this brief overview of the current legislation governing drug offences in Thailand.
Legislative Backbone: The Narcotics Act of 1979
The primary legislative authority for controlling illicit drug activity in Thailand is the Narcotics Act, B.E. 2522 (1979). The Act clearly defines what constitutes a narcotic or psychotropic substance and sets out specific criteria for which illicit behaviours are deemed criminal offences.
Under the provisions of the Narcotics Act, a broad range of activities, including production, importation, possession, distribution, and trafficking, are considered criminal offences. The Act grants law enforcement officials’ extensive powers to investigate and prosecute drug-related crimes.
Under Section 7 of the Narcotics Act, narcotics are classified into five categories. For this discussion, we will focus on the following:
- Category 1: Dangerous narcotics, such as heroin.
- Category 2: Ordinary narcotics.
It should be noted that sentencing and fine guidelines differ depending on the category to which the narcotic belongs.
What Should You Do If You Are Accused of a Drug-Related Offence?
First and foremost, you should consult a lawyer as soon as possible, preferably during the arrest or interview stage at a police station.
An experienced lawyer can ensure that law enforcement acts in accordance with legal procedures and that your rights are protected throughout every stage of the criminal investigation, from the initial arrest to any subsequent court proceedings.
We strongly advise against attempting to bribe officials during the process, as this may lead to further charges and complications.
Remain calm throughout the process and request access to a lawyer. If you are a foreign national, you should also consult your respective embassy, as they will have procedures in place to ensure you receive fair treatment and adequate legal protection.
Note that even individuals caught with a very small amount of narcotics will still face criminal charges.
How Can WSR Law Help You?
As professional and experienced criminal lawyers, the team at WSR Law has assisted a wide variety of clients with both minor and major drug-related charges in Thailand. By engaging your case from the outset, you can rest assured that our team will fight for your rights at every step of the proceedings. Your liberty may be at risk, and WSR Law is committed to implementing every necessary measure to safeguard your rights.
From the initial arrest through to court proceedings, the team at WSR Law will work with you to ensure you receive the highest standard of legal advice.
