⁽⁷⁵⁾Section 94/1 Any person who, in the ordinary course of business, gives treatment to a narcotics addict by using drugs under the law on drugs, psychotropic substances under the law on narcotics, or gives treatment to narcotics addict by any other means, which does not take place in the medical establishment prescribed by this Act, whether or not a consideration is obtained, shall be liable to imprisonment for a term of six months to three years or to a fine of fifty thousand to three hundred thousand baht.

⁽⁷⁶⁾Section 95 Any heir, possessor or administrator violates Section 61 shall be liable to a fine not exceeding two thousand baht.

⁽⁷⁷⁾Section 96 Any licensee who does not comply with Section 62 paragraph one shall be liable to a fine not exceeding ten thousand baht.

Section 97 If any person who, having been sentenced by a final judgment to a term of imprisonment for an offence under this Act, commits an offence under this Act again during the punishment period or within five years from the date he has been released from the punishment, and if the Court decides to sentence him to imprisonment for the latter offence, the punishment to be inflicted upon him shall be increased by one-half of the penalty determined by the Court for the latter offence.

Section 98 An offender who has been convicted of the offence under Section 91 or Section 92 for the third time shall, upon his release, be detained by the competent official, upon order of the Minister at a medical establishment specifically established by the Notification of the Minister, and such person shall be given a treatment until he has obtained a certificate from the competent official designated by the Minister to the effect that he has received a complete treatment in accordance with the rules and regulations for the control of treatment and disciplinary rules of the said medical establishment.

⁽⁷⁸⁾Section 99 Any person who escapes during the detention period from a medical establishment under Section 98 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand baht or to both.

⁽⁷⁹⁾Section 100 Any member of the Committee and competent official under this Act or Government official or official of a State organization or State agency who produces, imports, exports, disposes of or possesses for disposal narcotics or supports the commission of such act as an offence under this Act shall be liable to treble penalty imposed for such offence.

⁽⁸⁰⁾Section 101/1 wherever this Act determines that the punishment for an offence is both imprisonment and fine, the Court shall inflict both punishments and fine with regard to the punishment relating to property for controlling the commission of offence relating to narcotics.

The Court may, when having regard to the gravity of the commission of offence, status of the offender and the concerning circumstances, if it thinks fit in a specific case, inflict less punishment of fine than the minimum punishment as provided for the committed offence.

⁽⁸¹⁾Section 100/2 If the Court is of opinion that any offender has given the important information for the very benefit of suppressing the commission of offence relating to narcotics to administrative official or police official or inquiry official, the Court may inflict less punishment of fine than the rate of minimum punishment as provided for such the committed offence.

⁽⁸²⁾Section 101 In the case where there is a seizure of narcotics of category I, category II or category III under section 49(2) or by virtue of other laws, and no court proceeding has been instituted, if, within the period of six months from the date of the seizure, no person claims to be the owner thereof, such narcotics shall become the property of the Ministry of Public Health.

⁽⁸³⁾Section 101 bis In the case where there is a seizure of narcotics of category IV or category V under section 49 (2) or by virtue of other laws, whether or not a court proceeding has been instituted, the Ministry of Public Health or person entrusted by the Ministry of Public Health, after having verified the type and quantity to be narcotics of the said category by recording the verification in the report, may destroy or utilize them in accordance with the rules prescribed by the Ministry of Public Health.

Section 102 All the narcotics of category I, category II, category IV or category V, equipment, tools, vehicles or other articles with the offender used in committing an offence relating to narcotics, which is an offence under this Act, shall be forfeited.

Section 102 bis In the case where the Court proceeding has been instituted for the narcotics of category I or category II, and no contend about the type, quantity or weight of the narcotics, if the Court of First Instance has a decision or an order to seize of the said narcotics under section 102 or by virtue of other laws and, within the period of thirty days from the date of the decision or the order to seize the narcotics, there is no offer that the real owner does not connive at the commission of the offence, the Ministry of Public Health or person entrusted by the Ministry of Public Health may destroy or utilize them in accordance with the rules prescribed by the Ministry of Public Health.

Transitory Provisions

⁽⁸⁴⁾Section 103 Pending the publication of the Notification specifying the names of narcotics under Section 8 (1) under this Act ;

(1)heroin or salts of heroin as provided in Section 4 bis of the Narcotics Act, B.E. 2465 as amended by the Narcotics Act (No.4), B.E. 2504 shall be narcotics of category I;
(2)narcotics the names of which appear in the schedule attached to the following Ministerial Regulation and in the following Notifications of the Ministry of Public Health shall be narcotics of category II:
(a)in the schedule attached to the Ministerial Regulation (No.7), B.E. 2507 issued under the Narcotics Act, B.E. 2465;
(b)in the Notifications of the Ministry of Public Health specifying the additional names of narcotics issued under the Narcotics Act, B.E. 2465 dated 4th April B.E. 2511, dated 4th March B.E. 2512, dated 30th July B.E. 2512, dated 26th April B.E. 2514, dated 19th September B.E. 2516, and dated 24th December B.E. 2516;
(3)Acetic Anhydride and Acetyl Chloride shall be narcotics of category IV;
(4)marijuana under the Marijuana Act, B.E. 2477 and Kratom plant under the Kratom Plant Act, B.E. 2486 shall be narcotics of category V.

Section 104 The drugs which are exempted under the laws on narcotics before this Act comes into force shall be narcotics of category III under this Act.

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(75) Repealed and Replaced by section 33 of the Narcotics Act (No.5) B.E.2545 (2002)

(76)-(77) Repealed and Replaced by section 34 of the Narcotics Act (No.5) B.E.2545 (2002)

(78)-(79) Repealed and Replaced by Section 35 of the Narcotics Act (No.5) B.E.2545 (2002)

(80)-(81) Added by section 36of the Narcotics Act (No.5) B.E.2545 (2002)

(82) Repealed and Replaced by section 11 of the Narcotics Act (No.3) B.E.2530 (1987)

(83) Added by section 12 of the Narcotics Act (No.3) B.E.2530 (1987)

(84) Added by section 3 of the Narcotics Act (No.4) B.E.2543 (2000) published in the Government Gazette Vol.117 Part 111A, dated 29th November B.E.2543 (2000)