CHAPTER 2
Application for and Issuance of Licenses Concerning Narcotics (22)Section 15 No person shall produce, import, export, dispose of or possess narcotics of category I, unless the Minister permits for the necessity of the use for government service.
The application for a license or the permission shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.
The production, import, export or possession of narcotics of category I in quantity as the followings shall be regarded as production, import, export or possession for the purpose of disposal
(1)Dextrolyzer or LSD is of the quantity computed to be pure substances of zero point seventy five milligrams or more or is of narcotics substances thereof of fifteen doses or more or is of pure weight of three hundred milligrams or more.
(2)Amphetamine or derivative amphetamine is of the quantity computed to be pure substances of three hundred seventy five milligrams or more or is of narcotics substances thereof of fifty doses or more or is of pure weight of one point five grams or more.
(3)Narcotics of category I unless (1) and (2) is of the quantity computed to be pure substances of three grams or more. (23)Section 16 No person shall produce, import, or export narcotics of category II, unless he has obtained the license from licensing authority for the necessity of the use for government service.
The application for and the issuance of a license shall be in accordance with the rules, procedure and conditions prescribed in Ministerial Regulations.
In considering a license to a person under paragraph one, the person who apply for a license shall be responsible for expenses in analysis or accession of technical document in accordance with rules and procedure prescribed by the Committee by publication in the Government Gazette.
Section 17 No person shall dispose of or possess narcotics of category II unless he has obtained a license.
The possession of narcotics of category II in quantity computed to be pure substances of one hundred grams or more shall be regarded as possession for the purpose of disposal.
The application for and the issuance of a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation.
Section 18 The provision of section 17 shall not apply to:
(1)the possession of narcotics of category II in quantity not exceeding that which is necessary for personal use as certified by a medical practitioner or first-class modern medical practitioner in the branch of dentistry who is in charge of the treatment;
(2)the possession of narcotics of category II in quantity not exceeding that which is necessary for ordinary first-aid treatment or in case of emergency occurring on board a ship, aircraft or any other vehicle which is used in international public transport and is not registered within the Kingdom; but if the said vehicle is registered in the Kingdom, the application for a license shall be filed in accordance with section 17.
Section 19 The licensing authority may issue a license to dispose of or possess narcotics of category II, if it appears that the applicant is:
(1)Ministry, Sub-Ministry, Department, local administrative organization including Bangkok Metropolitan Administration, Thai Red Cross Society or Pharmaceutical Organization;
(2)person engaging in the international public transport; or (24)(3)medical profession, pharmaceutical practitioner, dental practitioner, first-class veterinary practitioner and
(a) having place of residence in Thailand.
(b) not having been convicted by a final judgement of the law on narcotics, the law on psychotropic substances, the law on Controlling the Use of Volatile Substances, the law on measures for the suppression of offenders in an offence relating to narcotics and the law on medicine.
(c) not having his license to engage in the medical profession or license to engage in pharmaceutical practitioner, license to engage in dental practitioner or first-class veterinary practitioner or license under this Act suspended or revoked and the period of suspension or revocation has not been elapsed.
(d) not being a person of unsound mind or mental infirmity.
(e) not being an in competent or quasi-incompetent.
In considering a license to a person under paragraph one, the licensing authority shall consider the necessity of the possession for the purpose of disposal or the possession of narcotics and may provide any condition as it thinks fit
(25)Section 20 No person shall produce, import, export, dispose of or possess for the purpose of disposal narcotics of category II, unless he has obtained the license from the licensing authority
The provisions of paragraph one shall not apply to:
(1)The disposal or the possession for the purpose of disposal of narcotics of category III which pharmaceutical practitioner, dental practitioner disposes or possesses only for the patient under his treatment,
(2)The disposal or the possession for the purpose of disposal of narcotics of category III which first-class veterinary practitioner dispose or possess for the purpose of disposal only for the animal under his cure.
Provide that the medical profession, dental practitioner, first-class veterinary practitioner shall possess the qualifications as prescribed in section 19 (3).
The application for and issuance of a license shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulations.
The possession of narcotics of category III which is higher than the quantity of the Minister prescribed by the approval of the Committee shall be presumed as possessing for disposal.
Next Page
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13]
(22) Repealed and Replaced by section 8 of the Narcotics Act (No.5) B.E.2545 (2002)
(23) Repealed and Replaced by section 8 of the Narcotics Act (No.5) B.E.2545 (2002)
(24) Repealed and Replaced by section 9 of the Narcotics Act (No.5) B.E.2545 (2002)
(25) Repealed and Replaced by section 10 of the Narcotics Act (No.5) B.E.(2002) |
