6 November 2009

NARCOTICS CONTROL ACT.
B.E. 2519 (1976)(1)

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BHUMIBOL ADULYADEJ, REX.
Given on the 16th day of November B.E. 2519;
Being the 57th year of the Present Reign.

His majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to enact a law on narcotics control;

This Act contains provisions relating to the restriction of rights and liberties of the people which section 29 together with section 31 section 35 section 37 section 48 section 50 section 237 and section 238 of the Constitution of the Kingdom of Thailand allow to be done by virtue of provisions of law;

Section 1 This Act is called the "Narcotics Control Act, B.E. 2519".

Section 2 This Act shall come into force as from the day following the date of its publication in the Government Gazette.(2)

Section 3 In this Act, (3) "narcotics" means narcotics under the law on narcotics, psychotropic substances under the law on psychotropic substances and volatile substances under the law on controlling the use of volatile substances; (4) "laws relating to narcotics" means the law on narcotics, law on psychotropic substances, law on controlling the use of volatile substances and law on measures for the suppression of offenders in an offence relating to narcotics; (5 )"offence relating to narcotics" means the offence under the laws relating to narcotics;

"Board" means the Narcotics Control Board;

"member" means a member of the Board, and includes the Chairman thereof;

"Secretary-General" means the Secretary-General of the Narcotics Control Board;

"Minister" means the Minister having charge and control of the execution of this Act;

"competent official" means the person appointed by the Secretary-General for the execution of this Act.

Section 4 This Act shall not affect the powers and duties of any Government agency or competent official of any Government agency under the laws relating to narcotics.

In the case where there is a problem in connection with the execution of the powers and duties of the Board, or competent official, and of the Government agency or official having the powers in connection with narcotics, the Board shall make the decision and lay down the Rules on the performance of official affairs and the coordination thereof. (6)Section 5 There shall be the "Narcotics Control Board" called "NCB" in brief, consisting of the Prime Minister as Chairman, Minister hold portfolio of office of the Prime Minister who entrusted by the Prime Minister, Minister of Defense, Minister of Interior, Minister of Justice, Minister of Public Health, Minister of Education, Attorney-General, Royal Thai Police Commissioner, Director General of the Department of Custom as members, and not more than six qualified members appointed by the Cabinet-Council as qualification ex-officio members and the Secretary-General as member and secretary.

The qualification ex-officio members that appointed by the Cabinet-Council under paragraph one shall consider the person to appoint from the Private sectors who shall be have the obvious outcome of work which relating to the prevention and resolution of the narcotics obstruction problem, not more than two persons.

Section 6 A member appointed by the Cabinet-Council shall hold office for a term of two years, and a member who vacates office may be re-appointed.

Section 7 A member appointed by the Cabinet-Council vacates office before the end of term upon:
(1) death;
(2) resignation;
(3) being removed by the Cabinet-Council
(4) being an incompetent or quasi-incompetent person:
(5) being imprisoned by a final judgment to a term of imprisonment.
When a member vacates office before the end of term, the Cabinet-Council may appoint any other person to replace him.
The member who is appointed to fill the vacancy or as additional member shall hold office for the remaining term of other members.

Section 8 At a meeting of the Board, if the Chairman does not attend or is not present, the members present shall elect one among themselves to preside over the meeting.

Section 9 At each meeting, the presence of not less than one-half of the total number of members of the Board is required to constitute a quorum.

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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)