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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


Guide for Tourists
  to Laws in Thailand



Neither Free nor Fair:
  Burma’s Sham Elections



Sex Laws in Thailand:
  Part 1



Renewable Energy
  in Thailand



Transsexuals and
  Thai Law



Foreign Mafia in
  Thailand

Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
  Prosecutions
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
 The US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
  Important
 US Immigration in
  Decline?
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Acknowledgments :

This translation has been prepared by Chaninat & Leeds, a law firm managed by an American lawyer.  They specialize in defense litigation and have experienced Thai criminal defense attorneys



 

Section 14 The Ministry of Public Health may permit a vehicle used for international public transport registered in the Kingdom to import or export an appropriate quantity of psychotropic substance in Schedule II in so far as it is necessary for first aid use or for use in case of emergency in such vehicle.

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

(13)Section 15 The provision of section 13 bis shall not apply to :

(1)The sale of psychotropic substances in Schedule II by a medical practitioner or a first class modern practitioner in the branch of dentistry to his patient or by a first class veterinarian for use in curing or preventing animal from diseases;

(2)the sale of psychotropic substances in Schedule II by the Ministries, Sub-Ministries, Departments, Thai Red Cross Society or other official institutions as the Minister notifies in the Government Gazette;

(3)the carrying of psychotropic substances in Schedule II into or out of the Kingdom not exceeding the quantity required for self treatment for a period of thirty days with a certificate of medical doctor; or

(4)the importation or exportation of an appropriate quantity of psychotropic substances in Schedule II in so far as it is necessary for first aid use or for use in emergency case in a ship, aircraft or vehicle used in international public transport and not registered in the Kingdom; but if the said vehicle is registered in the Kingdom, an application for a license shall be filed under section 14.

Section 16 A person shall not produce, sell, import or export any psychotropic substance in Schedule III or Schedule IV or carry across a psychotropic substance of any Schedule unless he has received a license.

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

Section 17 The provisions of Section 16 shall not apply to

(1)the production of drug containing a psychotropic substance in Schedule III or Schedule IV according to a prescription of a medical practitioner or first-class practitioner in the branch of dentistry for a specific patient or first-class veterinarian for a specific animal;

(2)the production, sale, importation or exportation of psychotropic substances in Schedule III or Schedule IV by the Ministries, Sub-Ministry, Departments, Thai Red Cross Society, Pharmaceutical Organization, or such other official institutions as the Minister notifies in the Government Gazette;

(3)the sale of psychotropic substances in Schedule III or Schedule IV by a medical practitioner or a first-class practitioner in the branch of dentistry to his patient or by a first-class veterinarian for use in curing or preventing animal from diseases;

(4)the taking of psychotropic substances in Schedule III or Schedule IV into or out of the Kingdom not exceeding the quantity required for self-treatment within thirty days with a certificate of physician;

(5)the importation or exportation of an appropriate quantity of psychotropic substances in Schedule III or Schedule IV for first aid use or for use in case of emergency on a ship, aircraft or any international public transport not registered in the kingdom; if the said vehicle has been registered in the Kingdom, an application for a license shall be filed under section 16.

Section 18 The grantor may issue a license to produce, sell or import psychotropic substances in Schedule III or Schedule IV only when it appears that the applicant

(1)has received a license to produce, sell or import modern drugs under the law on drugs, as the case may be and
(2)has a full-time pharmacist on duty during the working hours.
A licensee to produce or import psychotropic substances may sell the psychotropic substances he produces or imports without having to apply for a license to sell them again.

Section 19 The grantor may, at each particular time, issue a license to export psychotropic substances in Schedule III and Schedule IV or a license to carry across psychotropic substances of all Schedules to any person and may stipulate any condition as he thinks fit.

Section 20 Licenses under Section 16 and Section 19 shall also extend to employees or agents of the licensees.
Any act done by an employee or agent of the licensee to whom the license is extended under paragraph one shall be regarded as that done by the licensee unless he can prove that the said act was done without his knowledge or beyond his control.

Section 21 Licenses under Section 16 and Section 19 shall be valid until 31st December of the year of issue. If a licensee wishes to renew his license, he must file an application before the expiration of his license and he may, after having filed the application, carry on his business until the grantor refuses to renew the license.

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

Section 22 In the case where the grantor refuses to issue or renew a license, the person who applies for a license or for a renewal of a license has the right to submit a written appeal to the Minister within thirty days from the date of receipt of the letter of the grantor advising him of the refusal to issue or renew the license.

The decision of the Minister shall be final.

In the case where there is an appeal in respect of the application for renewal of a license to produce a psychotropic substance under paragraph one, the Minister may, before making the decision on the appeal, authorize the appellant to carry on his business for the time being if he so requests.

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(13) repealed and replaced by Psychotropic Substances Act (No.3) B.E.2535, section 10.

 

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