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This translation has been prepared by Chaninat & Leeds, an American law firm in Bangkok. Their services range from corporate registration to family law, including US K3 visas in Thailand.




 

Section 84 A person shall not export a psychotropic substance to a country which prohibits the importation thereof under Section 83 unless he has received a specific license from such country and specific license from the Secretary-General.

The application for and the granting of a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.

Section 85 The possession of a psychotropic substance in Schedule II, Schedule III or Schedule IV in an appropriate quantity needed for first aid use or for an emergency occurring on a ship, aircraft, or any other vehicle used in international public transport shall be exempted from the measures of control for the importation, carrying across or exportation under this Act.

Section 86 A person in charge of a vehicle under section 85 must provide an appropriate measure to prevent the loss or illegal use of the psychotropic substance in such vehicle.

Section 87 Persons entrusted by the Ministry of Public Health or licensees under Section 16, Section 19 or Section 62, including the Ministries, Sub-Ministry, Departments, Thai Red Cross Society, Pharmaceutical Organization and other official institutions as the Minister notifies in the Government Gazette, which carry out the business with regard to the production, sale, importation, carrying across or possession of psychotropic substances which are not exempt preparations must cause the acquisition and disposal of psychotropic substances to be recorded and submit monthly and annual reports to the Secretary-General. Such record shall, at least within two years from the date of the last entry of a particular be kept and available for production to a competent official all the time during the office hours.
The record of acquisition and disposal or psychotropic substances and the reports under paragraph one shall be in accordance with the forms prescribed in the Ministerial Regulations.

Section 88* When it appears that a person is addicted to a psychotropic substance, the Secretary-General or the person entrusted by him upon the recommendation or advice of the Board, has the power to commit such person for treatment or rehabilitation and restoration of ability for a period of one

hundred and eighty days in a clinic or rehabilitation home as he thinks fit. In the case where it is necessary for the treatment or rehabilitation and restoration of ability, the Secretary-General or the person entrusted by him may grant an extension for a period of not more than one hundred and eighty days.

The Ministry of Public Health shall have the duty to provide appropriate treatment, education, training, after-care or rehabilitation and restoration of ability for the persons referred to in paragraph one in order that such person may be socially reintegrated, free from addiction to the psychotropic substance.

CHAPTER 12
Penalties Provisions

(18)Section 89 Any person who violates section 13 paragraph one or section 13 bis paragraph one shall be liable to imprisonment for a term of five to twenty years and to a fine of one hundred thousand to four hundred thousand Baht.

Section 90 Any person who violated Section 16 paragraph one shall be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one hundred thousand Baht.

Section 91 Any licensee under Section 16 or who continues the business after the expiration of his license without filing an application for its renewal shall be liable to a fine of two hundred Baht a day as from the day following the date of the expiration of the license until the date of the application for its renewal is filed.

Section 92 Any licensee who violates Section 24 or Section 32 paragraph one or fails to comply with Section 67 shall be liable to a fine not exceeding fifty thousand Baht.

Section 93 Any licensee who fails to comply with Section 26 paragraph one shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

Section 94 Any person who violates Section 26 paragraph two shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand Baht or to both.

Section 95 Any licensee who fails to comply with Section 27, Section 28 or Section 29 shall be liable to a fine of twenty thousand Baht to one hundred thousand Baht.

(19)Section 96 Any licensee who fails to comply with Section 30 paragraph one, Section 31 or Section 47 paragraph one shall be liable to a fine not exceeding ten thousand Baht.

Section 97 Any pharmacist in charge of duties who deserts his duties in respect of the supervision of the business of the licensee without justification or fails to discharge his duties under Section 33, Section 34 or Section 35 shall be liable to a fine of ten thousand to fifty thousand Baht.

Section 98 Any person who produces or imports any fake psychotropic substance in violation of 36 (1) shall be liable to imprisonment for a term of five to fifteen years and to a fine of one hundred thousand to three hundred thousand Baht.

Any person who sells any fake psychotropic substance in violation of Section 36 (1) shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht.

Any person who sells or imports any fake psychotropic substance without the knowledge of it being fake shall be liable to a fine of ten thousand to fifty thousand Baht.

Section 99 Any person who produces or imports any psychotropic substance, which is not in conformity with the standard or any psychotropic substance the registration of preparation of which has been revoked by the Minister, which is in violation of Section 36 (2) or (5), shall be liable to imprisonment for a term of one to ten years and to a fine of twenty thousand to two hundred thousand Baht.

Any person who sells any psychotropic substance which is not in conformity with the standard or any psychotropic substance the registration of preparation of which has been revoked by the Minister, which is in violation of Section 36 (2) or (5), shall be liable to imprisonment for a term of six months to five years and to a fine of ten thousand to one hundred thousand Baht.

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(18) repealed and replaced by Psychotropic Substances Act (No.3) B.E.2535, section 13.
(19) repealed and replaced by Psychotropic Substances Act (No.3) B.E.2535, section 14.

 

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