Section 7 Narcotics shall be classified into 5 categories, viz :
(1) category I consists of dangerous narcotics such as heroin;
(2)category II consists of ordinary narcotics such as morphine, cocaine, codeine, medicinal opium; (14)
(15)(3)category III consists of narcotics which are in the form of medicinal formula and contain narcotics of category II as ingredients in accordance with the rules prescribed by the Minister and published in the Government Gazette;
(4)category IV consists of chemicals used for producing narcotics of category I or category II such as acetic anhydride, acetyl chloride ;
(5)category V consists of narcotics which are not included in category I to category IV such as marijuana, kratom plant. (16)
Provided that the names of narcotics shall be specified by the Minister in accordance with section 8 (1).
For the purpose of this section, medicinal opium means processed opium to be used for medicinal purposes.
Section 8 The Minister, with the approval of the Committee, shall have the power to notify the following in the Government Gazette.
(1)specifying the names of narcotics in order to indicate the category of narcotics under section 7; (17)
(2)revoking or altering the name or category of narcotics under (1) ;
(3)prescribing standards on quantity, ingredients, quality, purity or other descriptions of narcotics as well as packaging and storage of narcotics ; (18)(18)
(4)prescribing the quantity and additional quantity of narcotics to be used annually for medicinal and scientific purposes throughout the Kingdom ; (19)(5)prescribing rules and procedure of prescribing quantity of narcotics which a licensing authority may permit to produce, import, dispose or possess; (20)(6)prescribing rules concerning narcotics of category III under section 7(3);
(7)establishing medical establishments ;
(8)prescribing rules and regulations for the control of treatment and disciplinary rules for medical establishment.
CHAPTER 1
Narcotics Control Committee
Section 9 There shall be a Committee called the "Narcotics Control Committee" consisting of the Under-Secretary of State for Public Health as Chairman, Director-General of the Medical Service Department or representative, Director-General of the Medical Science Department or representative, Director-General of the Health Department or representative, Director-General of the Police Department or representative, Director-General of the Department of Public Prosecutions or representative, Director-General of the Customs Department or representative, Secretary-General of the Council of state or representative, Secretary-General of the Narcotics Control Board or representative, a representative from the Ministry of Defense and not more than seven qualified members appointed by the Minister, as members, the Secretary-General of the Food and Drug Board shall be member and secretary and the Chief of the Narcotics Control Division, Office of the Food and Drug Board shall be member and assistant secretary.
Section 10 A qualified member shall hold office for a term of two years.
An outgoing member may be re-appointed.
Section 11 A qualified member vacates his office upon :
(1)death;
(2)resignation;
(3)being removed by the Minister;
(4)being a bankrupt;
(5)being an incompetent or quasi-incompetent person ;
(6)being imprisoned by a final judgment to a term of imprisonment, except for an offence committed through negligence or petty offence; or
(7)having his license to practice the art of healing or license to engage in the medical profession suspended or revoked.
When a qualified member vacates his office before the expiration of his term the Minister may appoint another person to replace him.
In the case where a member is appointed during the term of members already appointed notwithstanding it is a new appointment or replacement, the appointee shall hold office for the remaining term of the members already appointed.
Section 12 At a meeting of the Committee, the presence of not less than one-half of the total number of members is required to constitute a quorum. If the Chairman is not present at the meeting or is unable to perform his duties, the members present shall elect one among themselves to preside over the meeting.
The decision of the meeting shall be made by a majority of votes.
Each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as the casting vote.
Section 13 The Committee shall have the duty:
(1)to submit opinions to the Minister in accordance with section 5;
(2)to give approval for the Minister to act in accordance with section 8;
(3)to give approval for the licensing authority to suspend or revoke licenses;
(4)to give approval for the Minister to designate the positions and levels of the competent officials for the execution of this Act;
(5)to submit opinions to the Minister in the regulation of government services in cooperation with the office of the Narcotics Control Board and other Ministries, Sub-ministries and Departments;
(6)to give approval for the Minister to issue licenses to produce, dispose of, import, export or possess narcotics of category IV and category V;
(21)(7)to perform other duties by this Act or virtue of other laws to be the authorities and responsibilities of the Committee or entrusted by the Minister.
Section 14 The Committee may appoint a sub-committee to carry out any matter as entrusted by the Board.
Section 12 shall be applied mutatis mutandis to the meetings of the sub-committee.
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(14) See Lists under the Notification of the Ministry of Public Health No.135 (B.E.2539), Category II of Narcotics No.100
(15) Repealed and Replaced by section 5 of the Narcotics Act (No.3) B.E.2530 (1987)
(16) See the Notification of the Ministry of Public Health No.135 (B.E.2539), Category V of Narcotics No.3 and No.4
(17) See the Notification of the Ministry of Public Health No.135 (B.E.2539), Specifying names and categories of narcotics according to Narcotics Act B.E.2522 (1979)
(18) See the Notification of the Ministry of Public Health No.66 (B.E.2529),
(19) Repealed and Replaced by section 6 of the Narcotics Act (No.5) B.E.2545 (2002)
(20) Added by section 6 of the Narcotics Act (No.3) B.E.2530 (1987)
(21) Repealed and Replaced by section 7 of the Narcotics Act (No.5) B.E.2545 (2002) |
