5 November 2009
NARCOTICS ACT
B.E. 2522 (1979)*
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BHUMIBOL ADULYADEJ, REX.,
Given on the 22nd day of April B.E. 2522;
Being the 57th year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that :
Whereas it is expedient to revise the law on narcotics :
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly as follows : (1)
Section 1 This Act is called the "Narcotics Act B.E. 2522".
Section 2 This Act shall come into force as from the day following the date of its publication in the Government Gazette.(2)
(3)Section 3 The followixng shall be repealed
(1) Narcotics Act, B.E. 2465.
(2) Narcotics Act (No. 2), B.E. 2479 ;
(3) Narcotics Act (No. 3), B.E. 2502 ;
(4) Narcotics Act (No. 4), B.E. 2504 ;
(5) Narcotics Act (No. 5), B.E. 2518 ;
(6) Marijuana Act, B.E. 2486 ;
(7) Kratom** Plant Act, B.E. 2486.
Section 4 In this Act :
(4)"narcotics" means any form of chemicals or substances which, upon being consumed whether by taking orally, inhaling, smoking, injecting or by whatever means, causes physiological or mental effect in a significant manner such as need of continual increase of dosage, having withdrawal symptoms when deprived of the narcotics, strong physical and mental need of dosage and the health in general being deteriorated, and also includes plant or parts of plants which are or give product as narcotics or may be used to produce narcotics and chemicals used for the production of such narcotics as notified by the Minister in the Government Gazette(5), but excludes certain formula of household medicine under the law on drugs which contain narcotic ingredients;
"produce" means cultivate, plant, manufacture, mix, prepare, denature, transform,synthesize by scientific means and includes repackaging or combine-packaging ;
"dispose" means sell, distribute, give away indiscriminately, exchange or give;
"import" means bring or order into the Kingdom;
"export" means carry or send out of the Kingdom; (6)
(7)"narcotic addiction" means habitually consuming narcotics and being in the state of narcotic dependence whereby such state is capable of being identified on a technical basis; (8)"dose" means tablet, sachet, bottle or such other doses which is made as usual for consuming one time. (9)"treatment" means the treatment of a narcotic addict which also includes a rehabilitation and follow-up thereafter; (10)"medical establishment" means hospital clinic convalescing home or such other places as the Minister notified in the Ministering Gazette to be the place for the treatment of narcotic addicts; (11)"pharmacist" means a pharmaceutical practitioner as pharmaceutical law.
"medicinal formula" means a formula of preparation regardless of form or description which contains narcotics, and includes narcotics in the form of finished pharmaceutical products ready for human or animal use : (12)"information" includes an act to be displaced by alphabet, picture, film, light, sound, symbol or any act which communicates matters to the understanding of many people. (13)"advertisement" includes any act in any method which people can see or know the information for commercial purpose unless the technical document or textbook.
"licensee" means a holder of a license under this Act;
"licensing authority" means the Secretary-General of the Food and Drug Board or person entrusted by the Secretary-General of the Food and Drug Board ;
"Committee" means the Narcotics Control Committee under this Act ;
"competent official" means a person appointed by the Minister for the execution of this Act ;
"Secretary-General" means the Secretary-General of the Food and Drug Board; "Minister" means the Minister having charge and control of the execution of this Act.
Section 5 This Act shall not apply to the Office of the Food and Drug Board, Ministry of Public Health but the Office of the Food and Drug Board shall submit semi-annual report on the receipt, distribution, storage and other operational procedures pertaining to the control of narcotics to the Committee for information, and the Committee shall submit such reports together with its opinions to the Minister for further issue of orders.
Section 6 The Minister of Public Health shall have charge and control of the execution of this Act and the power to appoint competent officials, issue Ministerial Regulations prescribing fees not exceeding the rates provided in the schedules hereto attached, granting exemption from fees, and prescribing other activities, and to issue Notifications for the execution of this Act.
Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.
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* As amended by the Narcotics Act (No.2) B.E.2528 (1985), (No.3) B.E.2530 (1987), (No.4) B.E.2543 (2000)
(1) As amended by the Narcotics Act (No.4) B.E.2543, published in the Government Gazette Vol. 117, Part 111A, dated 29th November B.E.2543, (No.5) B.E.2545, published in the Government Gazette, Vol. 119 Part 96A, dated 30 September B.E.2545
(2) Published in the Government Gazette Vol.96, Part 63, dated 27th April B.E.2522 (1979)
(3) Repealed by section 3 of the narcotics Act (No.2) B.E.2528 (1985), published in the Government Gazette Vol.102, Part 154, dated 24 October B.E.2528 (1985)
(4) Repealed and Replaced by section 4 of the Narcotics Act (No.2) B.E.2528 (1985)
(5) 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) amended by Narcotics Act No.150 (B.E.2541), No.154 (B.E.2542), No.158 (B.E.2542) and No.170 (B.E.2544)
(6) Repealed and Replaced by section 3 of the Narcotics Act (No.3) B.E.2530 (1987), published in the Government Gazette Vol.104, Part 269, dated 28th December B.E.2530 (1987)
(7) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)
(8) Added by section 3 of the Narcotics Act (No.5) B.E.2530 (2002)
(9) Added by section 4 of the Narcotics Act (No.3) B.E.2530 (1987)
(10)- (11) Repealed and Replaced by section 4 of the Narcotics Act (No.5) B.E.2545 (2002)
(12)-(13) Added by section 5 of the Narcotics Act (No.5) B.E.2545 (2002)
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