Thailand Narcotics Code (Sections 1 – 62)
Narcotics Code
Book 1
Prevention, suppression, and control of narcotics
TITLE 1
General Provisions
Section 1 In this Narcotics Code,
“narcotics” means narcotic drug, psychotropic substance, or volatile
substance;
“narcotic drugs” means any chemical, plant, or substance which upon being consumed has effects on both the physical and mind in a significant manner, such as the need to increase consumption dosage sequentially, withdrawal symptoms when deprived of narcotic drugs, constant severe physical and mental cravings for consumption, and deterioration of general health, and shall include chemicals which are used for the production of narcotic drugs but excluding certain formulae of household medicines which contain narcotic drug ingredients under the law on drugs;
“psychotropic substance” means a psychotropic substance that is natural material or is derived from natural material or any psychotropic substance which is a synthetic substance;
“volatile substance” means a chemical or product that may be used to serve the physical or mental needs which cause health in general to deteriorate;
“offense relating to narcotics” means the offense as prescribed in this Code;
“serious offense relating to narcotics” means the offense relating to production, importation, exportation, distribution, or having in possession of narcotics except for having in possession for consumption, and shall include conspiracy, aiding and abetting, assisting, or attempting to commit such offense;
“property connected with the commission of the serious offense relating to narcotics” means money or properties obtained through the commission of a serious offense relating to narcotics and shall include money or properties which are obtained through using such money or properties to purchase or by causing in any manner whatsoever to transform such money or properties, irrespective of the number of transformations and whether or not such money or properties will be in the possession of, transferred to, or apparently evidenced on the register as belonging to other persons;
“produce” means cultivate, plant, manufacture, mix, prepare, transform, denature, and synthesize by scientific means;
“import” means bring or order into the Kingdom;
“export” means carry or send out of the Kingdom;
“dispose” means sell, exchange, distribute, or give away indiscriminately or give for the value obtained or other benefits and shall include possession for disposition;
“transit” means bringing or sending through the Kingdom, but excluding irrespective of bringing or sending narcotics through the Kingdom without being discharged from the carrying aircraft used in international public transportation;
“consume” means take in narcotics knowingly which are narcotics by whatever;
“NCB” means the Narcotics Control Board;
“ONCB” means the Office of the Narcotics Control Board;
“Secretary General of the NCB” means the Secretary General of the Narcotics Control Board;
“FDA” means the Food and Drug Administration;
“Secretary-General of the FDB” means the Secretary-General of the Food and Drug Board;
“Fund” means the Fund for preventing, suppressing and solving drug problems;
“Narcotics Control Official” means a person appointed by the Secretary-General with approval from the NCB or from a sub-committee assigned by the NCB, for conduct this code;
“Competent official” means a person appointed by the Minister of Public Health appointed to conduct related narcotics control under this sector.
Section 2 In the case of problems relating to operations following national policies and plans on prevention, suppression, and solvation narcotics or accordance with the duties and powers of. All committees and State Agencies or officials of State Agencies where have the powers relating to narcotics. The NBC shall consider and regulate execution and coordination.
The ONCB shall disseminate the prediction and regulations as prescribed by the NCB under paragraph one to all concerned agencies to acknowledge.
Tittle 2
Prevention, Suppression and Solution of Narcotics Problems
Chapter 1
National Policy and Plans on Preventing, Suppressing and Solvation of
Narcotics Problems
Section 3 For the prevention, suppression, and solution of the narcotics problem shall be unity and continuity. The process of operating operates systematically and efficiently which will bring benefits to the economy, society, and peace and order and state security The Cabinet shall establish a national policy and plan on preventing, suppressing, and solving drug problems following the recommendations of the NCB.
The N Prevention, Suppression and Solution of Narcotics Problems at least there must be the following matters:
(1) Goals and strategies for operations, including determining and managing the budget for prevention, suppression, and solving drug problems by determining The indicators must be clearly defined;
(2) Measures to prevent, suppress, and solve drug problems. Especially in schools, educational institutions, families, and communities, as well as treatment and rehabilitation of drug addicts. By promoting and supporting employment careers and the development of quality of life including promoting and supporting all sectors and business operators to participate in operations. to carry out such measures and to determine measures to promote business operators in recruiting people who have undergone treatment to work;
(3) Coordination and cooperation between regulatory agencies, both the control system and the public sector to inform the director of prevention and health care of patients, treatment, and rehabilitation of narcotics addicts to be able to live in society, have a career, education and other assistance;
(4) Strategy and guidelines in cooperation with countries or international organizations to suppress illegal narcotics production and trafficking including coordinating news to intercept suppress and arrest international narcotics trafficking movements and networks;
(5) Promotion and support of research studies. and develop academics regarding narcotics, measures to prevent, suppress, and solve narcotics problems, and promote the dissemination of knowledge and understanding to the public and youth both inside and outside of educational institutions;
(6) Monitoring and evaluating the results of preventing, suppressing, and solving narcotics problems.
When the national policy and plan for preventing, suppressing, and solving the drug problem has been announced, relevant government agencies must carry out their duties and powers following the national policies and plans;
The National policies and plans under paragraph one shall come into force upon is published in the Royal Gazette.
The NCB shall review national policies and plans every five years in cases where it is necessary to make improvements to suit the current situation or other needs regarding prevention, suppression, and solving narcotics problems. Continue to improve and amend the national policies and plans and submit them to the Cabinet for approval and announcement in the Royal Gazette.
Chapter 2
The Narcotics Control Board
Section 4 There shall be a committee called The “Narcotics Prevention and Suppression Committee” is abbreviated as the “NCB”, consisting of the Prime Minister as Chairman, Minister of Social Development, Human Security, Minister of the Interior, Minister of Justice, Minister of Labor Minister of Education, Minister of Public Health, Minister of Industry, Permanent Secretary of the Ministry of Foreign Affairs, Permanent Secretary of the Ministry of Social Development and Human Security, Permanent Secretary of the Ministry of Higher Education, Science, Research and Innovation Permanent Secretary of the Ministry of Interior, Permanent Secretary of the Ministry of Justice, Permanent Secretary of the Ministry of Labor, Permanent Secretary of the Ministry of Public Health Secretary General of the Basic Education, Commission Secretary-General of the Vocational Education Commission Secretary-General of the Office of the Judiciary, Director of the Budget Bureau, Attorney General, Commander-in-Chief of the Royal Thai Army Naval Commander, Air Force Commander Commissioner of the Royal Thai Police Director, General of the Department of Provincial Administration, Director General of the Department of Medical Services, Director General of the Customs, Department Director General of the Department of Local Administration, Secretary General of the FDA, Permanent Secretary of Bangkok being a director by position and not more than three qualified members appointed by the Cabinet.
The Secretary-General of the NCB shall be a member and secretary, and the NCB shall appoint not more than two government officials of the NCB as an assistant secretary.
For the sake of the execution according to the duties and powers of the NCB, the NCB may invite a Minister or Head of State Agency who has direct duty and authority to consider or a person who has expertise or experience related to preventing, suppressing, and solving narcotics problems, may also attend meetings from time to time as a committee member. In such a case the invited person who comes to the meeting shall have the status of a committee member under paragraph one for the invited meeting.
Section 5 The NACC has the following duties and powers:
(1) Propose national policies and plans on preventing, suppressing, and solving drug problems to the Cabinet following Section 3, including implementing such national policies and plans. Then report the results of operations. The process will be reported to the Cabinet at least once a year;
(2) Follow up, supervise, coordinate, support, and expedite operations, and the operations of the committee with duties and powers authority regarding narcotics to operate following national policies and plans on preventing, suppressing, and solving drug problems;
(3) Give advice or recommendations to the Narcotics Control Committee. Property Inspection Committee and the committee Treatment and rehabilitation of drug addicts;
(4) approve the Minister of Public Health in specifying names of narcotics, which narcotics are in which Chapter, and revoking or changing the names or types of such narcotics. Governance according to Section 29, paragraph two
Section 6. In considering any matter by the NCB, once the NCB has reached any resolution, Let the resolution of the NACC be binding on agencies with joint representatives. Being a director by also in a position even in considering and deciding the matter, representatives of the agency who are ex officio directors will not participate in the consideration and decision. If there is a difference of opinion, record the opinion of all directors to appear in that matter as well.
The provisions of paragraph one shall apply to the Narcotics Control Committee and Property Inspection Committee and the committee to treat and rehabilitate drug addicts, mutatis mutandis
Section 7 Qualified committee members have a term of office of three years.
When the term in paragraph one is due. If a new qualified committee member has not yet been appointed let the qualified committee members retire from office The person holding the position according to that term will be in the position. The position to continue performing duties until newly appointed qualified committee members assume duties.
Qualified directors who retired from office and those who have completed their term of office may be reappointed but will remain in the position and cannot continue for more than two consecutive terms.
Section 8 who hold office according to the term specified in Section 7, qualified committee members resign from position when:
(1) death
(2) resign
(3) Cabinet dismisses Because of failure or dishonesty in performing duties or behavior deteriorated or impaired ability
(4) is a bankrupt person or has been a dishonest bankrupt person
(5) being an incompetent person or a quasi-incompetent person
(6) received a prison sentence by a final judgment of imprisonment, except for the punishment for an offense that was committed through negligence or a petty offense
(7) has been ordered to suspend or revoke the license to practice the medical arts license to practice medicine or a license to practice another profession.
Section 9 In the case where an expert committee member vacates an office position before term appoint someone else to hold the position unless the term of the qualified committee member is less than ninety days remaining. Will not appoint directors an expert can be substituted and have the person appointed instead of the vacant position. The position is equal to the remaining term of the qualified committee members who have already been appointed.
While the appointment of an expert committee member has not yet been appointed to replace the vacant position The NCB shall consist of the remaining members.
Section 10 At a meeting of the NCB, there must be no less than a committee member present half of the Total number of directors Therefore there will be a quorum. In a meeting of the NCB, if the chairman does not attend the meeting or is unable to perform his duties, the meeting shall elect one committee member to chair the meeting.
The decision of the meeting shall be made by a majority vote. One director has one vote. If the votes are equal the chairman of the meeting shall cast an additional vote as the deciding vote. The NCB must meet at least four times a year.
Section 11 The NCB has the power to appoint a sub-committee to consider or Perform any act as assigned by the NCB.
The meeting of the sub-committee shall consider the provisions of Section 10 first paragraph, second paragraph, and third paragraph shall come into force mutatis mutandis.
Chapter 3
The Office of the Narcotics Control Board
Section 12 The Office of the Narcotics Control Board In short, “ONCB” has duties and powers as follows:
(1) To operate as an operational unit of the NCB following its duties and powers specified;
(2) Consider giving advice and coordinating with the central government. Provincial government local government agencies, state enterprises, public organizations, and other government agencies to prepare plans and Projects on prevention, suppression, and solving drug problems to comply with the policy and National plan for preventing, suppressing, and solving the country’s narcotics problems;
(3) Coordinate policies, plans, budgets, and operations in prevention, suppression, and solving drug problems with other relevant public and private agencies;
(4) Coordinate, monitor, and evaluate the results of operations and ensure that the operations of relevant agencies are followed According to the national policy and plan on preventing, suppressing, and solving drug problems, the National Anti-Corruption Commission;
(5) to be the central agency of the country in studying, researching, analyzing problems and Measures to prevent, suppress, and solve drug problems and support academic information as well as develop personnel of related agencies, both government and private sectors, domestically and abroad including promoting public relations and disseminating knowledge and understanding to the public about narcotics;
(6) Coordinating with the committee and sub-committee following this code For the benefit of performing duties and duties the powers of the NCB and the NCB;
(7) Coordinate cooperation with foreign countries and international organizations in the field of prevention Suppression and solving the drug problem;
(8)Issue regulations to ensure operations follow this Code.
(9) Perform any other acts as prescribed by this Code or other laws specified as duties and Powers of the ONCB or as assigned by the ONCB
Section 13 The Secretary-General of the ONCB shall have the duty to generally control and supervise the official affairs of the Office of the ONCB and be the commander of civil servants in the Office of the ONCB, with the Deputy Secretary-General of the Office of the ONCB is an assistant Perform official duty.
Section 14 for the benefit of coordinating and integrating the duties regarding Prevention, suppression, and resolution of narcotics problems, the Secretary-General of the NCB, with approval of the NCB, will present its opinions to the Cabinet for consideration regarding the granting of good deeds. Preference or transfer or disciplinary action against government officials local government employees State enterprise employees or employees of government agencies assigned to perform duties related to preventing, suppressing, and solving narcotics problems or which is involved in an action committing narcotics-related offenses as well as
Request that the affiliated government agencies expedite action-related actions including protecting government officials, and government officials who work in the narcotics field
If the Cabinet resolves to transfer, give favor, or disciplinary action, please notify the agency to operate to proceed following the said Cabinet resolution.
Tittle 3
Narcotics Control
Chapter 1
General Provisions
Section 15: In this manner:
“Recipe for narcotics” means a formula specifying the ingredients and quantity of the preparation. that includes narcotic drugs;
“Recipe for psychotropic substances” means a formula that specifies the ingredients and quantities of the preparations that contain active substances;
“Preparation” means a preparation, regardless of form, that includes psychotropic substances. This includes psychotropic substances that have the characteristics of psychotropic substances ready-to-use pharmaceutical products that can be used for humans or animals;
“Exempt preparation” means a preparation that has been announced by the Minister of Public Health. Provides an exemption from certain control measures for the psychotropic substances contained in the preparation;
“Label” means any picture, design mark, mark, or message which is displayed. Where the container or package contains the narcotics;
“Licensee” means a person who has received a license under the provisions of this nature;
“Licensee” means the Secretary-General of the FDA or a person assigned by the Secretary-General of the FDA;
“State agency” means a central government agency. Provincial government Local government, state enterprises public organizations, and other government agencies.
Section 18 The Minister of Public Health has the authority to issue ministerial regulations and Various fees that officials provide, including setting the fee rate not to exceed the rate according to the list append to this Code or waiving fees.
The ministerial regulation once announced in the Royal Gazette, shall come into force.
Section 19 The Minister of Public Health or the Secretary-General of the FDA has the authority to assign Let the officials under their responsibility or experts organization government agency or private organizations both within the country and abroad which have been listed by the FDA Office, perform various tasks related to the process of considering approval of narcotic drugs or psychotropic substances as appropriate.
An Expert registration, expert organization government agency or private organization both within the country and abroad by the FDA Office according to paragraph one to follow the criteria, methods, and conditions as specified by the Minister of Public Health.
Section 20 Fees according to (17), (18), (19), (20), and (21) at the rate of fees end of this legal code shall be vested in the FDA Office as expenses for performing duties related to However, narcotics and psychotropic substances or as remuneration to workers under Section 19 following the regulations announced by the Minister of Public Health determined with the approval of the Ministry of Finance
Section 21 Receiving money, keeping money and payment according to Section 20 shall be in accordance with According to the criteria, methods, and conditions announced by the Minister of Public Health with the approval of the Ministry of Finance.
Section 22 The Minister of Public Health with the recommendation of the committee Narcotics Control has the power to announce regulations regarding narcotics as follows:
(1) Set standards regarding quantity, ingredients, quality, and purity or other characteristics of narcotic drugs as well as the packaging and storage of narcotics;
(2) determine the quantity and additional quantities of narcotics to be used for medical purposes and scientific knowledge throughout the Kingdom annually;
(3) Set criteria and methods for determining to determine the number of narcotics that the licensee will be allowed to produce, import, sell, or have in possession;
(4) Specify the name and type of narcotic drugs that must have approval warnings or cautions and messages of warnings or cautions in letters, images, or symbols for the user to take precautions as necessary. For the safety of users;
(5) Designate any place in the Kingdom as a checkpoint for the import, export, or transit of narcotics;
(6) Set other types for the benefit of complying with this nature.
Section 23 The Minister of Public Health with the recommendation of the committee the Narcotics Control Department has the power to make announcements regarding psychotropic substances as follows:
(1) Name and classify psychotropic substances, including which psychotropic substances are in type 1 and type 2 type 3, or type 4;
(2) Set standards regarding quantity, composition, quality, purity, or other characteristics of active ingredients as well as the packaging and storage of psychotropic substances according to (1);
(3) Revoke or change the name or type of psychotropic substances under (1);
(4) Specify the name and type of psychotropic substances that are prohibited from being produced, imported, exported, sold, or possessed or transit;
(5) specify the name of the psychotropic substances in Chapter 2 that are permitted to be produced for export or export;
(6) Specify the preparation ingredients to be the ingredients. Acceptance of exemptions and withdrawal of exempted preparations;
(7) Set criteria and methods for determining to determine the number of psychotropic substances that the licensor will allow to be produced, imported, sold, or possessed;
(8) Specify the name and type of psychotropic substances that must be specified warning or caution and warning text or warnings in letters, images, or signs for users to be careful as necessary for the safety of the user;
(9) Set the amount of psychotropic substances that medical practitioners should use. Dental professional First class veterinary practitioner Pharmacy professional or medical professionals
Or other public health Possessed following Section 32;
(10) Specify the name of the government agency under section 33 (4);
(11) Specify the name and type of psychotropic substances that any country is prohibited from importing imported according to section 44;
(12) designate any place in the Kingdom as a checkpoint for imported psychotropic substances export or transit;
(13) Set other types for the benefit of complying with this nature.
Section 24 The Minister of Public Health and the Minister of Industry with the recommendation of the Narcotics Control Committee, have the authority to announce regulations regarding volatile substances as follows:
(1) Specify the name, type, type, or package size of the chemical. or products that are volatile substances;
(2) revoke or change the name, Chapter, type, or package size of chemicals or products that are volatile substances according to (1);
(3) Set other types for the benefit of complying with this nature.
Chapter 2
The Control Board
Section 25 There shall be a committee called The “Drug Control Committee” consisting of the Permanent Secretary of the Ministry of Public Health as chairman, the Permanent Secretary of the Ministry of Defense, the Permanent Secretary of the Ministry of Agriculture and Cooperatives, the Secretary-General of the Council of State, Attorney General, Commissioner of the Royal Thai Police, Director-General of the Department of Medical Services Director, General of the Department of Thai Traditional and Alternative Medicine Director, General of the Department of Factory, Industry Director General of the Department of Medical Sciences Director, General of the Customs, Department Director, General of the Department of Health, Service Support Director General of the Department of Mental Health, Director-General of the Department of Health, Secretary-General of the Narcotics Control Board, President of the Medical Council, President of the Medical Council, Thai Traditional Medicine and the President of the Pharmacy, Council Is a director by position and an expert director which the Minister of Public Health appoints There are ten people from those who have knowledge and expertise in the fields of anesthesiologists, psychiatrists, internists, pharmacists, or other related and useful fields Continuing the operations of the Narcotics Control Committee, this number shall be appointed from the private sector no less than three people.
The Secretary-General of the FDA shall be a member and secretary. and have the Secretary-General of the FDA appoint civil servants in the FDA office, not more than two persons serve as assistant secretaries.
Section 26 The Narcotics Control Committee has the power and duties following:
(1) To determine measures to control narcotics;
(2) Make recommendations to the Minister of Public Health or the Minister of Public Health and the Minister of Industry, as the case may be, in specifying the name or type of narcotics Including the withdrawal or change of the name or type of narcotics;
(3) Give opinions or suggestions to the Minister of Public Health, the Minister of Public Health, and the Minister of Industry or the grantor, as the case may be, in operating in this manner;
(4) Give opinions or suggestions to the Minister of Public Health or Minister of Public Health and Minister of Industry or the grantor, as the case may be, in operating in this manner Approve the Minister of Public Health or the grantor under section 32 and Section 35;
(5) Give opinions to the Ministry of Public Health or the person assigned by the Ministry of Public Health for the destruction or use of narcotics or psychotropic substances according to Section 41, Section 45, and Section 60;
(6)Perform any other acts prescribed by this Code or other laws specified as duties and Powers of the Narcotics Control Board or as assigned by the Minister of Public Health.
Section 27 The provisions of Section 7, Section 8, Section 9 and Section 10 shall apply to the Narcotics Control Board mutatis mutandis
Section 28 The Narcotics Control Committee has the authority has the authority to appoint a sub-committee to consider or carry out any operations as assigned by the Narcotics Control Board.
The appointment of a sub-committee under paragraph one must at least appoint a sub-committee on narcotics. Punishment Subcommittee on Psychotropic Substances and the Subcommittee on Volatile Substances
The meeting of the subcommittee shall carry the contents of Section 10 in the first paragraph, second paragraph, and third paragraph shall come into force mutatis mutandis.
Chapter 3
Types of narcotics and psychotropic substances
Section 29 Narcotics are divided into 5 types:
(1) Type 1 Serious drugs such as heroin
(2) Type 2 General narcotics such as Morphine, Cocaine, Codeine, or Medicinal Opium;
(3) Type 3 narcotics that have the characteristics of drug preparations and are mixed with type 2 narcotics following the criteria prescribed by the Minister of Public Health with the recommendation of The Narcotics Control Board announces;
(4) Type 4 chemicals used in the production of narcotics in type 1 or type 2 such as Acetic Anhydride;
(5) Type 5 narcotics that are not included in Chapter 1 to Chapter 4, such as opium plants.
Specifying the names of narcotics, which narcotics are in which Chapter according to paragraph one ( 2) (4) and (5) and the revocation or change of the name or type of the said narcotics shall be under as announced by the Minister of Public Health with the approval of the NCB.
For this section, the term “Medicinal Opium” means opium that has gone through a preparation process to be used medicinally.
Section 30 Psychotropic substances are divided into 4 types:
(1) type 1 psychotropic substances are not used for medical purposes and may cause use there is a trend that It is highly misused;(2) type 2 psychotropic substances used in medicine may cause use or there is a trend that It is highly misused;
(3) type 3 psychotropic substances used in medicine and may cause use or there is a trend in may be used in the wrong way;
(4) type 4 psychotropic substances used in medicine and may cause use or there is a trend in less likely to be misused than type 3
In this regard, specifying the name of the psychotropic substance, which name of the psychotropic substance is in which Chapter, and revocation or Change of the name or type of such psychotropic substances be following the Minister of Public Health by the recommendation of the Narcotics Control Committee, the announcement.
Chapter 4
Licensing regarding narcotic and psychotropic substances
Part 1
Narcotics and psychotropic substances that do not require a license
Section 32 Production, import, export, distribution or possession of narcotics or active substances For the benefit of medical professionals Dental practitioners, entrepreneurs class veterinary professionals Pharmacy professionals or medical professionals, or other public health or for the benefit of government agencies or the Thai Red Cross Society, no need to permission This is following the criteria, methods, and conditions approved by the Minister of Public Health of the NCB announcement.
Section 33 Possession of narcotics or psychotropic substances in the following cases does not require permission.
(1) Possession of narcotics in type 2 or psychotropic substances in type 2, type 3, or type 4 not exceeding the amount necessary for treating a specific disease according to the order of the practitioner, Medical professional, or dental practitioner who provides treatment or professional First class veterinary care for use in treatment to treat or prevent disease for animals receiving treatment;
(2) Possession of narcotics in type 2 or type 5 or psychotropic substances in type 2, type 3, or type 4 in quantities as required necessary for regular use of First aid instructions or in the case of emergency, vehicles used in international public transport that are not registered in the kingdom It is exempt from control measures for import, export or transit. The operator of such a vehicle must provide reasonable protection to prevent narcotics or the active substance has being lost taken used illegally;
(3)Possession of narcotics or psychotropic substances For the business of the licensee to produce, import, export, sell, or transit narcotics or psychotropic substances of that type;
(4) Possession of narcotics or psychotropic substances for the business of the licensee to produce, import, export, sell, or transit narcotics or psychotropic substances of that type; (4) Possession or use of psychotropic substances in or type 3 or type 4 according to the duties of ministries, bureaus, departments, or the Thai Red Cross Society or other government agencies as specified The Minister of Public Health announced;
(5) Possession of narcotics of type 5 not exceeding the quantity necessary for the treatment of a specific disease with a prescription or certificate from a medical practitioner or dental practitioner Thai traditional medicine practitioner Practitioner of applied Thai traditional medicine or local doctors according to the law on the Thai traditional medicine profession who provide treatment;
Part 2
Authorization by the Ministry of Public Health
Section 34 In the case of urgent necessity for the benefit of the government in preventing and suppress actions not committing an offense related to narcotics or international cooperation Minister The Ministry of Public Health has It has the power to allow anyone to import, export, or have in possession narcotics in type 1 or type 4.
The Minister of Public Health, with the recommendation of the Narcotics Control Committee, has the power to permit anyone to produce, import, export, sell, or have possession of narcotics in type 1 or type 4 for research and study Useful in medicine, science, or industry.
Part 3
Authorization by the licensor
Section 35 The grantor has the authority to grant permission as follows:
(1) allowing anyone to produce, import, export, sell, or have in possession narcotics in type 2;
(2) allowing anyone to produce, import, export, or distribute narcotics of type 3;
(3) Allow anyone to import, export, or have in possession narcotics of type 1 or type 4 in a small amount. to be used as a standard substance for analysis;
(4) allowing anyone to sell or have in possession narcotics of type 5;
(5) Allow anyone to produce, import, export, sell, have in possession, or transport psychotropic substances.
The licensor, with the approval of the Narcotics Control Board, has the power to permit anyone to produce, import, or export narcotics of Chapter 5 for government, medical, and patient benefits. Research studies or other benefits as specified as specified in the ministerial regulations.
Any licensee under paragraph one or paragraph two who operates a business after the license has expired. It is considered that such a person is operating a business without permission. Unless a request has been filed Apply for license renewal within thirty days. From the date the license expires by showing the reasons for not being able to submit a request Apply for renewal of license within the specified period and the licensor or grantor, with the approval of the Narcotics Control Board, as the case may be, it appropriate to allow renew the license.
Section 36 Importing or exporting narcotics or psychotropic substances of a licensee, importing or exporting under Section 34 or Section 35 has received permission under the said section, is required. An importation or exportation of narcotics or psychotropic substances by the licensor each time must receive a specific license from the licensor whenever can also be imported or exported. Asking for permission and Issuing a license is to follow the criteria, methods, and conditions prescribed by the Minister of Public Health in the Ministerial Regulations.
Section 37 Licensees to produce, import, export, sell, possess, or transit narcotics or psychotropic substances under Section 34 and Section 35 and temporary licensees to import or export under Section 36. Must store, apply for permission, and arrange for supervision. Advertising of narcotic drugs or psychotropic substances, providing accounting and presenting reports regarding business operations as permitted, or taking other actions for the benefit of controlling profits. to regulate narcotic drugs or psychotropic substances, following the criteria, methods, and conditions prescribed by the Minister of Public Health in the Ministerial Regulations.
Requesting permission to advertise narcotics or psychotropic substances according to paragraph one of the licensee licensing and conditions for advertising according to the license To be following the criteria, methods, and conditions prescribed by the Narcotics Control Board. determined by an announcement in the Royal Gazette.
Section 38 Licenses under Section 34 and Section 35 and temporary licenses for import or export under Section 36 shall protect employees or agents of the licensee who have performed duties assigned by the licensee. It must be assumed that the action Actions of employees or agents of the licensee who have performed their assigned duties are actions of the licensee as well.
Section 39 The licensor may allow patients traveling between countries to bring narcotic drugs. which must be used to treat specific diseases and be carried into or out of the Kingdom along with a license, with a prescription or certificate of a medical practitioner Dental practitioners, Thai traditional medicine practitioners of applied Thai traditional medicine, or local doctors According to the law on the Thai traditional medicine profession, who is the provider of treatment, requesting permission and licensing ะo be following the criteria, methods and conditions prescribed by the Minister of Public Health in the Ministerial Regulations.
Bringing psychotropic substances in type 2, type 3, or Chapter 4 are carried in or out. Outside the Kingdom, not more than the required amount of necessary medicines to be used to treat specific diseases within thirty days with a prescription or a certificate from a medical practitioner Dental professional, or professional class veterinarian No permission is required. In the case of bringing items for use in treating disease for more than thirty days, a permit is required. Requesting permission and issuing a permit to follow the criteria, methods, and conditions prescribed by the Minister of Public Health as specified in the ministerial regulations.
Bringing narcotics or psychotropic substances into or out of the Kingdom According to paragraph one and paragraph two It is not an offense to import or export narcotics or psychotropic substances according to this legal code.
Section 40 A licensees produces, imports, exports, sells, or has in possession of narcotics. Punishment is given in type 2, type 3, or type 5, or a licensee to produce, import, export, or sell psychotropic substances in type 2, type 3, or type 4 must have a pharmacist on duty to supervise the business all time to perform the duties specified in the license and must ensure that pharmacists perform their duties therefor as specified by the Minister of Public Health as specified in the ministerial regulations.
Section 41 In the transit of all types of psychotropic substances no one is allowed to change the delivery of psychotropic substances. To another destination not specified in the export license sent with the psychotropic substances unless allowed It is a letter from an authorized official. The authority of the country issuing the license and the Secretary-General of the FDA give their approval, following the criteria, methods, and conditions specified by the Minister of Public Health in the Ministerial Regulations.
In the case where the psychotropic substances cannot be sent to the designated destination. can be specified in paragraph one to the licensee Send psychotropic substances back to the country from which they were exported within thirty days from the date of the psychotropic substance said into the Kingdom If the licensee does not complete within the specified time, the psychotropic substance will belong to the Ministry of Public Health. and allow the Ministry of Public Health or a person assigned by the Ministry of Public Health to destroy or put it to use following the regulations set by the Minister of Public Health.
Section 42 While taken through psychotropic substances in Chapter 1 or Chapter 2. Processing or transforming psychotropic substances into something else or changing the package containing the psychotropic substances Must receive permission in writing from the Secretary-General of the FDA.
Section 43 in importing all types of psychotropic substances Sending the said psychotropic substances to people or places other than the people or places specified in the temporary permit for import can be done in cases of necessity with written permission from the Secretary-General of the FDA.
Section 44 When the Ministry of Public Health is notified of the ban importation of psychotropic substances in one Chapter What types of things have foreign countries notified via the Secretary-General of the United Nations to prohibit What country is the import into the country The Minister of Public Health shall announce a type prohibiting importation into that country.
No person is allowed to export psychotropic substances to countries that have specified their prohibition. Imported according to paragraph one unless special permission is obtained from that country and special permission from the Secretary-General of the FDA.
The application for a temporary special permit and the issuance of a temporary special permit shall follow the criteria, procedures, and conditions prescribed by the Minister of Public Health as specified in the ministerial regulations.
Section 45 In the case where the licensee terminates the business Do not request to renew your license not allowed To renew the license or upon death, the licensee, heir, executor of the deceased’s estate or possessor of Narcotics or psychotropic substances of the deceased, as the case may be, follow the regulations or The licensor, with the approval of the Narcotics Control Board, announces it in the Royal Gazette, as the case may be. Otherwise, the remaining narcotics or psychotropic substances shall belong to the Ministry of Public Health and allow the Ministry of Public Health or a person assigned by the Ministry of Public Health to destroy or put them to use. According to the regulations set by the Minister of Public Health.
Section 46 A licensee person regarding narcotics or a licensee regarding psychotropic substances who has taken action following this Code is exempt from having to comply with drug laws.
Part 4
Suspension of license and revocation of license
Section 47 Any licensee who violates or fails to comply with this chapter or ministerial regulations or announcements issued under this Chapter to the Minister of Public Health By the recommendation of the Narcotics Control Board, the licensor, or the licensor with approval of the Narcotics Control Board, as the case may be, to give warnings Order to suspend the license or revoke the license as appropriate to the case, according to the criteria, methods, and conditions prescribed by the Minister of Public Health in the Ministerial Regulations.
Section 48. A person whose license has been suspended may apply for any license during the suspension period the license cannot be used.
A person whose license has been revoked may not apply for any license under this section again. Until three years have elapsed from the date the license was revoked.
In case a juristic person’s license is revoked, the provisions of paragraph two shall apply to directors, managers, and those responsible for operations and the operations of that juristic person mutatis mutandis.
Chapter 5
Registration of narcotic formulas in type 3
And registration of psychotropic substance formulas
Section 49 Licensee to produce or import Whoever imports narcotics in type 3 under type 35 (2) or psychotropic substances in type 3 or type 4 under section 35 (5) will produce or import the formula Narcotic drugs or psychotropic substance formulas that contain said psychotropic substances. Must request registration of narcotics or psychotropic substance preparations to the licensor first. and when receiving the registration certificate narcotic formula or psychotropic substance formula, then the narcotic formula or psychotropic substance formula can be produced or imported The psychoactive substance formula is available.
Requesting registration of narcotic drugs or psychotropic substances issuance of certificate Registration of narcotic formulas or psychotropic substance formulas Renewal of recipe registration certificate Narcotic drugs or psychotropic substance formulas Issuance of a replacement certificate for registration of narcotic formulas or the active substance recipe Notification of items in request submission and requesting amendments to permitted items shall be following the criteria, methods, and conditions specified by the Minister of Public Health in the Ministerial Regulations.
The provisions of paragraph one do not apply to licensees to produce or import narcotic formulas in type 3 or psychotropic substances in type 3 or type 4 that are permitted to produce or import samples of narcotic drugs or psychotropic substances to apply for registration of a narcotic drug or psychotropic substance formula Requesting permission and permission to produce or import samples of the recipe Narcotic drugs or psychotropic substance formulas To be following the criteria, methods, and conditions prescribed by the Minister. The Ministry of Public Health specifies in the ministerial regulations.
Section 50 The licensor, upon the advice of the Narcotics Control Board, may not accept the Registration of narcotic drugs or psychotropic substances In the following cases
(1) Requesting registration of a narcotic formula or psychotropic substance formula that does not comply with section 49.
(2) The narcotic formula or psychotropic substance formula applied for registration is not reliable in its properties or may not be safe for users
(3) The narcotic formula or psychotropic substance formula for which registration is requested uses a name that is boastful, impolite, or that may be misleading from the truth.
(4) A narcotic formula or a psychotropic substance formula that is requested to be registered as a narcotic formula or a psychotropic substance recipe that the Minister of Public Health has ordered revoked under section 51
(5) A narcotic formula or a psychotropic substance formula that is requested to be registered as a narcotic or counterfeit psychotropic substances under section 52
Section 51 When the Narcotics Control Committee sees that the registration of narcotic formulas in type 3 or the registration of psychotropic substances containing psychotropic substances in type 3 or type 4 has a registration certificate. Later it appeared that it did not have the properties as registered in the drug formula. Give a penalty or a prescription for psychotropic substances. or may not be safe for users or there is an unreasonable reason to continue granting permission, the Narcotics Control Committee shall submit a proposal to the Minister of Public Health, and the Minister of Public Health shall have the power to order the revocation of the registration of narcotic formulas in type 3 or the registration of the formula. Psychotropic substances that contain psychotropic substances in type 3 or type 4 can be published in the Royal Gazette.
Section 6
Narcotics or psychotropic substances that are counterfeit, substandard, or deteriorated
Section 52 No person is prohibited from producing, importing, exporting, or selling counterfeit narcotics in type 2, type 3, or type 5 or psychotropic substances in type 2, type 3, or type 4.
Narcotic drugs Active substances or the following things Considered to be narcotic or counterfeit active ingredients
(1) Things that are made to imitate narcotics or psychotropic substances, in whole or in part, to show that they are genuine narcotics or genuine psychotropic substances.
(2) Narcotics or psychotropic substances that are listed as narcotics or other psychotropic substances or that show that the date, month, and year the narcotics or psychotropic substances expired has not yet expired.
(3) Narcotics or psychotropic substances that display the name or mark of the manufacturer or location of the production location which is not true
(4) Narcotics or psychotropic substances that are produced incorrectly according to standards to the extent that the active ingredients are lacking or exceeding ten percent of the prescribed quantity from the minimum or maximum criteria as specified. in the announcement of the Minister of Public Health under Section 22 (1) or Section 23 (2) or as specified in the registered narcotics formula or psychotropic substance formula. or at the grantor has permitted production, import, or export
Section 53 No person is prohibited from producing, importing, exporting, or selling narcotics in type 2, type 3, or type 5, or psychotropic substances in type 2, type 3, or type 4 that are different from standards.
The following narcotics or psychotropic substances shall be considered to be narcotics or psychotropic substances that violate the standards.
(1) Narcotics or psychotropic substances that are produced incorrectly according to standards and lack psychotropic substances. or beyond the threshold latest or highest As specified in the announcement of the Minister of Public Health under Section 22 (1) or Section 23 (2) or according to the formula of the narcotics formula or formula. Psychotropic substances registered under section 49 but not to the extent mentioned in section 52 (4)
(2) Narcotics or psychotropic substances produced with purity or other characteristics which the importance of the quality of narcotics or psychotropic substances deviates from the criteria specified in the announcement of the Minister of Public Health under Section 22 (1) or Section 23 (2) or according to the formulas of narcotics or a registered psychotropic substance formula.
Section 54 No person is allowed to import, export, or sell narcotics in type 2, type 3, or type 5 or psychotropic substances in Type 2, Type 3, or type 4 that have deteriorated quality.
The following narcotics or psychotropic substances: shall be considered to be narcotics or psychotropic substances that have deteriorated in quality
(1) Narcotics or psychotropic substances that have expired as shown on the label formula, narcotic drugs or psychotropic substance formulas have been registered.
(2) Narcotics or psychotropic substances that have been altered to have the same characteristics as narcotics or counterfeit psychotropic substances according to section 52 (4) or narcotics or psychotropic substances that are different from the standard according to section 53
Chapter 7
Special Control Measures
Section 55 In the case where the NCB deems it appropriate for the benefit of research and study Reducing harm from drug use and the prevention, suppression, and resolution of drug problems may designate any area in which to do any of the following activities:
(1) Experiment with the cultivation of plants that are or produce narcotics or psychotropic substances or may be used to produce narcotics or psychotropic substances.
(2) produce and test related to narcotics;
(3) Use or possess narcotics of the specified type and quantity.
Determination of area and actions according to paragraph one It shall be enacted as a Royal Decree and such Royal Decree must at least have measures to control and inspect such actions.
Providing actions in the designated area as specified in paragraph one, which is subject to control and inspection measures it’s not a crime.
Section 56 The NCB has the power to issue announcements specifying measures to prevent, suppress, and solve problems of drug offenses in business establishments and announcements the place used for conducting any business shall be an establishment that is subject to the said measures by announcement in the Royal Gazette.
Section 57 In the case where the NCB officers find that there has been a violation or failure to comply with the measures to prevent, suppress, and solve the problem of drug-related offenses in an establishment under Section 56 or that drug-related offenses have been committed, addiction in an establishment under Section 56. If the owner or operator of such establishment is unable to explain or prove to the NCB that he or she has taken reasonable precautions in the case, the Secretary-General shall The Narcotics Control Board has the power to order Take necessary measures to prevent further offenses from occurring or the NCB has the authority to order the temporary closure of that establishment or order suspension of business license for Business operations, depending on the case, except in cases of urgent necessity, the Secretary-General of the Narcotics Control Board shall have the authority to do so. However, ordering a temporary closure or suspension of a business license must not exceed thirty days from the date the owner or operator of the establishment knows of the order.
In the case of an establishment that has been temporarily closed or has had its operating license suspended According to paragraph one, if an establishment is under control of operations under other laws, the Secretary-General of the NCB shall notify the agency that controls such operations and have such agencies follow suit.
Temporary closure order or suspension of business license and notifying the owner or the operator of the establishment is informed under paragraph one and notifying the agency according to paragraph two to follow the criteria, methods, and conditions prescribed by the NCB by the announcement in the Royal Gazette.
Section 58 The Minister of Public Health may announce the designation of narcotics in type 5 to be consumed for the treatment of disease according to the order of a medical practitioner. Dental professionals, Thai traditional medicine practitioners a practitioners of applied Thai traditional medicine, or traditional doctors according to the law on the Thai traditional medicine profession who have received a license or take for research purposes.
Practitioners of traditional Thai medicine and traditional healers under paragraph one are to follow the criteria, methods, and conditions announced by the Minister of Public Health with the approval of the Narcotics Control Committee.
Section 59 The Minister of Public Health may announce that any substances with the following characteristics may be exempted, following the criteria, methods, and conditions prescribed by the Minister of Public Health ministerial regulations.
(1) There is either one or more psychotropic substances in type 2, type 3, or type 4 mixed;
(2) Having characteristics that may not cause misuse;
(3) Unable to extract and reuse the psychotropic substances contained in the receptacle in an amount that would cause misuse, and
(4) Cannot cause health or social harm.
Objects exempt from the announcement under paragraph one The Minister of Public Health may announce a revocation when it appears that the receptacle does not meet the specified characteristics.
Section 60 In transiting narcotics of type 1, type 2, type 4, and type 5, one must have a license from the competent official of the exporting country accompanied by the narcotics showing the permit to the customs officer Allows customs officials to keep or control narcotics and bring the narcotic drugs that were passed through to the officials at the narcotics checkpoint specified in the announcement of the Minister of Public Health under section 22 (5) for inspection. According to the criteria, methods, and conditions announced by the Minister of Public Health.
Customs officers shall keep or control narcotics under paragraph one in an appropriate place until the person who transports the narcotics takes narcotics out of the Kingdom.
In the case where the person transiting the narcotics under paragraph one does not take the said narcotics out of the Kingdom within thirty days from the date of importation. The customs officer shall report to the Secretary-General of the FDA. The Secretary-General of the FDA has the authority to order the person passing through the narcotics to take the said narcotics out of the Kingdom within sixty days from the date of notification. But the date the order was issued if the person receiving the order does not comply with the order the narcotics shall be vested in the Ministry of Public Health and the Ministry of Public Health or a person assigned by the Ministry of Public Health shall destroy or use it following the regulations set by the Minister Ministry of Public Health specifies.
Section 61 Competent officials who perform narcotics control operations under this section shall have the following duties and powers:
(1) Enter the business premises of the licensee to import or export, the place of production, the place of sale, the place of storage of narcotics, or places that require permission according to this section during business hours of that location to check compliance with this section;
(2) Seize or garnish illegally possessed narcotics; or any other property that has been used or will be used in committing an offense under this part;
(3) Sent a letter summoning any person to give a statement or to send any document or object for consideration.
The official under paragraph one, whatever position, level, or rank will have duties and powers as specified in whole or in part or must be approved by any person before proceeding to be as determined by the Minister of Public Health with the recommendations of the Narcotics Control Committee.
Section 62 In the performance of the duties of the competent official under section 61 (1), the competent official shall have the power to take a reasonable quantity of narcotics from that place to use as a sample for examination or analysis. If it appears that any narcotics are unsafe or may be dangerous to users, the results of the inspection or analysis of the quality of the narcotics taken for inspection or analysis shall be announced to the public according to the method deemed appropriate with approval from the Secretary General FDA.
For the benefit of protecting the safety of drug users. In the case where it appears to the authority that it is believed that any drug is unsafe or may be dangerous to the user. The competent official shall seize or confiscate said narcotics or order the licensee to refrain from producing, importing, exporting, or selling narcotics. Collect the said drugs back within the period specified by the competent official and may order the destruction of such narcotics following the criteria, methods, and conditions prescribed by the Narcotics Control Board and published in the Royal Gazette.
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