Thailand Narcotics Code (Sections 124-186)
Book 3
Penalty provisions
Title 1
General Provisions
Section 124 Any person who commits a serious offence relating to narcotics, despite the fact that the offence is committed outside the Kingdom, shall be punished in the Kingdom, if it appears that;
(1) the offender or accomplices, any one of them is a Thai person or has a residence in Thailand;
(2) the offender is an alien and have intends its consequence to occur within the Kingdom or the Thai Government is the injured person; or
(3) the offender is an alien and such act is an offence under the law of the State in the jurisdiction of which the offence is committed, if such offender has appeared in the Kingdom and has not been extradited under the law on Extradition.
Due to, the provision in section 10 of the Penal Code shall apply mutatis mutandis.
Section 125 In the serious offence relating to narcotics, any person who commits any of the following acts shall likewise be liable to the same penalty as a principal of such offence;
(1) aiding and abetting or assisting the offender before or at the time of such commission;
(2) providing or giving money or properties, conveyance, premises or any material for the purpose of the commission of an offence or for facilitating the commission thereof or for preventing the offender from being punished;
(3) providing or giving money or properties, meeting place, lodging, or hiding place in order to assist or facilitate the offender or help him from being arrested;
(4) accepting money, properties or any other benefits from the offender for the purpose of the commission of the offence or for facilitating the commission thereof or for preventing the offender from being punished;
(5) concealing, hiding or taking away narcotics or any article used for the commission of the offence in order to help the offender;
(6) suggesting or contacting other persons for the purpose of the commission of an offence.
Whoever procures or gives money or property at a residence or hiding place to save the father, mother, child, husband, or wife from being arrested The court will not punish that person or punish that person any less than what the law specifies for that offense.
Section 126 Any person who attempts to commit the serious offence relating to narcotics shall likewise be liable to the same penalty imposed for such offence as the offender who has accomplished the offence.
Section 127 Whenever two or more persons, with manifest intention, agree to commit the serious offence relating to narcotics, every such person is said to conspire to commit the serious offence relating to narcotics, shall be liable to imprisonment for a term of not exceeding five years and to a fine of not exceeding five hundred thousand Baht.
If the serious offence relating to narcotics has actually been on account of conspiracy under paragraph one, every such conspirator shall be liable to the penalty imposed for such offence.
In the case that the act under paragraph one is like the act of Organized Crime, the offender shall be liable to double penalty imposed under paragraph one. For the sake of this section, the word “Organized Crime” means a group of three or more persons who gather for a period of time and jointly take any action with the purpose to commit the serious offence relating to narcotics and to acquire the benefit in finance, properties, or other benefits on material.
Section 128 Any person who deceives, coerces, forces, use power to dominate wrongly or compels by any other means to other person to commit the offence on produce, import, export, distribution or having in possession of narcotic drugs or psychotropic substances shall be liable to double penalty imposed for such offence.
Section 129 Any person allows other person to use name, document, evidence of his/her for opening, enrolling or registering for financial transaction, buying goods or any other services, allows using bank account, electronic card, telephone sim card or allows other person to use all such things which the person has already opened, enrolled, or registered by knowing or likely knowing that it will be useful to the commission of the serious offence relating to narcotics shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
Section 130 Any person who knows or is likely to know an official secret relating to the conducting under this Code, does any act in any manner causing other persons to know or likely to know such secret, unless that it is the performance of duties or according to the law, shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding one hundred thousand Baht or to both.
Section 131 No person shall disclose the data or information which are sent through post mail, telephone, facsimile, computer, tool or communication equipment, electronic media or information technology media which are used or shall be used for the purpose in committing the offence relating to narcotics which the Narcotics Control Official has acquired by the permission order of the Criminal Court under the law on Procedure of Narcotics Case, unless that it is the disclosure as the performance of duties under the law or the court’s order.
Any person violating paragraph one shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding one hundred thousand Baht or to both.
If the act under paragraph one is the act done by the NCB member, the Secretary General of the NCB, Deputy Secretary General of the NCB, or the Narcotics Control Official, such actor shall be liable to treble penalty that imposed in paragraph one
Section 132 Any person commits the serious offence relating to narcotics by wearing the uniform or dressing in such a manner as to cause any person to believe that he is a competent official, government official, local government official, official of organization, or State Agency official, official of state enterprise or other official of State Agencies shall be liable to higher penalty than the penalty imposed for such offence at one-half.
Section 133 In the case that the offender under this Book is a juristic person, it shall be liable to a fine of double penalty that imposed for such offence. If the commission of the offence by a juristic person under paragraph one is caused by the order or act of committee member or manager or any person who is responsible for the conduction of such juristic person or in the case that such person has a duty to order or take action and refrains from ordering or taking action until causing such juristic person to commit the offence, such person shall be liable to the penalty that imposed for such offence.
Section 134 All narcotic drugs in type 1, type 2, type 4 or type 5, psychotropic substances, tool, apparatus, conveyance, machine or any other properties which are used in the commission of the offence relating to narcotics or used as means for gaining a result from committing the offence relating to narcotics or in possession for use in committing the offence relating to narcotics which is the offence under the Narcotics Code shall be forfeited, no matter whether or not there is any person punished according to the court judgment.
Title 2
Penalty relating to Permission for Narcotic Drugs and Psychotropic Substances
Section 135 Any conveyance operator does not manage to have a proper prevention for narcotic drugs or psychotropic substances from being lost or wrongly used under section 33 (2) shall be liable to a fine of not exceeding fifty thousand Baht.
Section 136 The licensee under section 36, any person imports or exports, in each time, which narcotic drugs or psychotropic substances without a temporary single-use license for each of import or export shall be liable to a fine for each time of not exceeding five thousand Baht.
Section 137 Any person advertises about narcotic drugs or psychotropic substances without permission under section 37 shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding two hundred thousand Baht or to both.
If the act under paragraph one is the act of the owner of the advertisement media or the advertisement business entrepreneur, the actor shall be liable to the same punishment as the advertiser.
The offender who are liable to the punishment under paragraph one or paragraph two shall also be liable to a fine per day of not exceeding ten thousand Baht throughout the period of violation persisting or until complying correctly.
Section 138 Any person changes the destination of the consignment of psychotropic substances, which is violation of section 41 paragraph one or does not return the psychotropic substances to the export country under section 41 paragraph two shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
Section 139 Any person, without permission from the Secretary General of the FDB, processes or transforms psychotropic substances or changes the package containing psychotropic substances without reasonable cause which is not conducted under section 42, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
Section 140 Any person sends psychotropic substances that had import license to any person or place other than that is specified in the single-use import license without permission which is not conducted under section 43, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 141 Any person exports psychotropic substances to the country which prohibits the import without a special single-use license from such country and a special single-use license from the Secretary General of the FDB, which is violation of section 44 paragraph two shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
Title 3
Penalties regarding narcotics and counterfeit psychotropic substances that do not meet standards or quality deterioration
Section 142 Any person produces, imports, or exports the falsified of narcotic drugs in type 2, type 3, or type 5 or of psychotropic substances in type 2, type 3, or type 4, which is violation of section 52, shall be liable to imprisonment for the term of not exceeding ten years or to a fine of not exceeding one million Baht.
Any person distributes the falsified of narcotic drugs or psychotropic substances, which is in violation of Section 52 shall be liable to imprisonment for the term of not exceeding seven years or to a fine of not exceeding seven hundred thousand Baht.
Section 143 Any person produces, imports, or exports the sub-standard of narcotic drugs in type 2, type 3, or type 5 or of psychotropic substances in type 2, type 3, or type 4, which is violation of section 53, shall be liable to imprisonment for a term of not exceeding three years or a fine of not exceeding sixty thousand Baht or to both.
Any person distributes the sub-standard of narcotic drugs or psychotropic substances, which are violation of section 53 shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 144 Any person imports or exports the deteriorated of narcotic drugs in type 2, type 3, or type 5 or of psychotropic substances in type 2, type 3, or type 4, which is violation of section 54, shall be liable to imprisonment for a term of not exceeding two years, or to a fine of not exceeding forty thousand Baht or to both.
Any person distributes the deteriorated of narcotic drugs in type 2, type 3, or type 5 or of psychotropic substances in type 2, type 3, or type 4, which is violation of section 54, shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding twenty thousand Baht or to both.
Title 4
Penalty Relating to Production, Importation, Exportation, Distribution, Having in Possession, or Transit of Narcotic Drugs and Psychotropic Substances
Section 145 Any person produces, imports, exports, distributes, or has in possession the narcotic drugs in type I, which is violation of section 90, shall be liable to imprisonment for a term of not exceeding fifteen years or to a fine of not exceeding one million and five hundred thousand Baht. If the offence under paragraph one is the act as follows, shall be liable to imprisonment for a term of two years to twenty years and to a fine of two hundred thousand Baht to two million Baht;
(1) the act for trade;
(2) the cause of the widespread in groups of people;
(3) distribution to person under eighteen years old;
(4) distribution in the premise of educational institute, respectful religious place of any group of people or government office;
(5) the act of using force to cause injury or threaten to use force to cause injury;
(6) the act of having weapon or using weapon.
If the commission of the offence under paragraph one or paragraph two is the act as the following shall be liable to imprisonment for a term of five year to imprisonment for life and to a fine of five hundred thousand Baht to five million Baht or death penalty;
(1) the act by a head, or a person in charge of making orders, or a person in charge of management in a criminal syndicate;
(2) the act that has an impact on state security or public safety.
Section 146 Any person produces, imports, exports, distributes, or has in possession of the narcotic drugs in type 2 or type 4, which is violation of section 91, shall be liable to imprisonment for a term of not exceeding ten years or to a fine of not exceeding one million Baht.
If the commission of the offence under paragraph one only for the narcotic drugs in type II, is the act as the following, shall be liable to imprisonment for a term of one year to five years and to a fine of one hundred thousand Baht to one million and five hundred thousand Baht;
(1) the act for trade;
(2) the cause of the wide spread in groups of people;
(3) distribution to person under eighteen years old;
(4) distribution in the premise of educational institute, respectful religious place of any group of people or government office;
(5) the act of using force to cause injury or threaten to use force to cause injury; (
6) the act of having weapon or using weapon.
Section 147 Any person produces, imports, exports, or distributes narcotic drugs in type 3, which is violation of section 92, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding three hundred thousand Baht.
Section 148 Any person produces, imports, exports, distributes or having in possession of the narcotic drugs in type 5, which is violation of Section 93, shall be liable to imprisonment for the term of not exceeding five years or to a fine of not exceeding five hundred thousand Baht.
If the act in paragraph one is the act as the following shall be liable to imprisonment for the term of one year to fifteen years and to a fine of one hundred thousand Baht to one million and five hundred thousand Baht;
(1) the act for trade;
(2) the causes of the wild spread in groups of people;
(3) distribution to person under eighteen years old;
(4) distribution in the premise of educational institute, respectful religious place of any group of people or government office;
(5) the act of using force to cause injury or threaten to use force to cause injury;
(6) the act of having weapon or using weapon.
Section 149 Any person produces, imports, exports, distributes or having in possession of the psychotropic substances, which is violation of section 94, shall be liable to punishment as the follows:
(1) The psychotropic substances in type 1 shall be liable to imprisonment for the term of not exceeding ten years or to a fine of not exceeding one million Baht;
(2) The psychotropic substances in type 2 shall be liable to imprisonment for the term of not exceeding seven years or to a fine of not exceeding seventy hundred thousand Baht;
(3) The psychotropic substances in type 3 or type 4 shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding five hundred thousand Baht.
If the commission of the offence under paragraph one, only the psychotropic substances in type 1 or type 2 is the act as the following, shall be liable to imprisonment for a term of one year to fifteen years and to a fine of one hundred thousand Baht to one million and five hundred thousand Baht;
(1) the act for trade;
(2) the cause of the wide spread in groups of people;
(3) distribution to person under eighteen years old;
(4) distribution in the premise of educational institute, respectful religious place of any group of people or government office;
(5) the act of using force to cause injury or threaten to use force to cause injury;
(6) the act of having weapon or using weapon.
Any person transits the psychotropic substances without permission, which is violation of section 94, shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding five hundred thousand Baht.
Section 150 Any licensee produces or distributes of narcotic drugs in type 2, type 3 or type 5 or of psychotropic substances in type II, type III or type IV while the pharmacist is not on duty to control business, which is violation of section 95, shall be liable to a fine of ten thousand Baht to hundred thousand Baht.
Section 151 Any person distributes the psychotropic substances from two types or more or distributes psychotropic substances together with many other medicines by making a set in advance for trade, which is violation of section 96, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding two hundred thousand Baht or to both.
Section 152 The serious offence relating to narcotics under this Code that the penalty for an offence is both imprisonment and fine, the Court shall inflict both penalty of imprisonment and fine with regard to the penalty relating to property for controlling the commission of serious offence relating to narcotics.
If the court considers that the commission of the offence under paragraph one of any person when having regard to the gravity of the commission of offence, economic status of the offender, and the concerning circumstances, in the case that there is a reasonable cause to consider in a specific case, the court shall inflict less imprisonment of fine than the minimum penalty as provided for the committed offence.
Section 153 If the court considers that any offender gives information that is important and very useful for the suppression of the offence relating to narcotics to the Narcotics Control Official, or provincial administrative official or police official who made the arrest, or the inquiry official of such case, when the Public Prosecutor states so in the indictment or files a motion to the court, the court can impose less punishment than the penalty provided by law for such offence. In the case that the offender has been to give information which is important and very useful for the suppression of the offence related to narcotics under paragraph one, if the Public Prosecutor does not state so in the indictment or file a motion to the court, such offender shall file a motion to the court under this section.
Title 5
Penalty Relating to Volatile Substances
Section 154 Any person produces or imports volatile substances, and before making distribution, not arranging to have picture, symbol or message on containers or packages containing such volatile substances, which is violation of section 97, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 155 Any person distributes volatile substances without picture, symbol or message of which the producer or importer shall arrange to have on the containers or packages containing such volatile substances under section 97, which is violation of section 98, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 156 Any person distributes volatile substances to a person under eighteen years old, which is violation of section 99, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 157 Any person distributes or procures volatile substances for another person whom such person’s self knows or should know to be an addict of volatile substances, which is violation of section 100, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
If the offence under paragraph one is the distribution or procurement of volatile substances for a person under eighteen years old, shall be liable to imprisonment of for a term not exceeding five years and to a fine of not exceeding one hundred thousand Baht or to both.
Title 6 Penalty
Relating to the Preparation Registration
Section 158 Any person changes the list of preparation registration of narcotic drugs in type 3 or psychotropic substances in type 3or type 4 that is not compliant with the provision as prescribed in the Ministerial Regulation under section 49 shall be liable to a fine of not exceeding twenty thousand Baht.
Section 159 A person certified on the preparation registration certificate under section 49, any of such person produces or imports the narcotic drugs preparation or the psychotropic substance preparation that is not compliant with the description already registered, which is violation of section 101 shall be liable to a fine of not exceeding twenty thousand Baht.
Section 160 Any person produces, imports, exports or distributes the narcotic drugs or the psychotropic substances which requires registration as the narcotic drugs preparation or the psychotropic substance preparation under section 49 but does not register the narcotic drugs preparation or the psychotropic substances preparation, which is violation of section 102, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding three hundred thousand Baht or to both.
Section 161 Any person produces, imports or exports the narcotic drugs or the psychotropic substances of which the preparation registration has been revoked by the order of the Minister of Public Health under section 51, which is violation of section 103, shall be liable to imprisonment for a term of not exceeding seven years or to a fine of not exceeding seven hundred thousand Baht.
Any person distributes the narcotic drugs or the psychoactive substances that the Minister of Public Health has been ordered to revoke the preparation registration of narcotic drugs or psychotropic substance under section 51 which is violation of section 103, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding three hundred thousand Baht.
Title 7
Penalty Relating to Narcotics Consumption
And Having in Possession of Narcotics to Consume
Section 162 Any person consume narcotic drugs in type 1, type 2 or type 5 or psychotropic substances in type 1 or type 2 and not as the case under section 113 or section 114 which is violation of section 104 shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding twenty thousand Baht or to both.
Section 163 Any person consume volatile substances, which is violation of section 105 shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding twenty thousand Baht or to both.
Section 164 Any person have in possession of narcotic drugs in type 1, type 2 or type 5 or psychotropic substances in type 1 or type 2 to consume, which is violation of section 107, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
Section 165 In the considering and judgment cases under this Title, the court shall have power to adjudicate the cases by taking into consideration the assistance for the defendant to quit narcotics by treatment rather than punishment. If the court shall inflict the punishment, it shall impose proportional sentence appropriate to each of defendants, despite that the defendants jointly committed the crime by considering the gravity of the criminal conduct which is different in each case, the serious consequences by type and quantity of narcotics related to the offender, and factual information of offender, such as age, history, behavior, character, intelligence, education, family burden, consumption for disease treatment and pain relief, necessity to consume for other reasons, physical condition, mental condition, environment, being forced, coerced, deceived to consume narcotics or falling victim to the narcotics traffickers or any other extenuating circumstances for mercy,
Besides, the punishment should be dependent upon the type of narcotics consumed or in possession to consume, the amount of narcotics consumed or in possession to consume, consumption periodically or regularly or narcotics consumed for the purpose to performance of some job.
In the case that the court has ordered to the probation officer to search for the facts under paragraph one, a responsible person shall send the court’s order and related documents to the Probation Office within three days from the date the court’s order issued unless the court rules otherwise.
When the Probation Office receives the order under paragraph three, the probation officer shall search for the facts, then make a report and opinion to complete within thirty days from the date that the Probation Office received the document. In case of necessity, the probation officer shall file a petition to the court to extend such period further not exceeding fifteen days.
Section 166 In the adjudicating the offender under this Tittle, if it does not appear that such person is an offender or being prosecuted for other offence which has the penalty of imprisonment or serving imprisonment according to the court’s judgment, the court that adjudicating such case shall have power to change from the imprisonment penalty to use the safety measures under the Penal Code or use one or more of the conditions for controlling the behavior of the offender under section 56 of the Penal Code for instead of criminal punishment, due to, within the period specified by the Court but not exceeding two years.
If the causes determined to use the safety measures or the circumstances relating to conditions for controlling behaviors have changed, when the court considers as appropriate, the court shall correct and change it.
Section 167 When the fact appears to the court itself or the fact is appeared from the statement of the Public Prosecutor or the competent official that the offender does not comply with the conditions determined by the court under section 166, the court shall admonish the offender or predetermine the measures under section 166 paragraph one or consider to impose punishment as appropriate.
Section 168 Subject to section 114, when the prosecution at court appears that any person commits the offence under this Title if it does not appear that such person is the offender or being prosecuted for other offence which is having imprisonment penalty or serving imprisonment according to the court’s judgment, in case that the court considers the circumstances of the case inappropriate to punish the defendant yet, if the defendant repents of his/her conduct by agreeing to receive treatment. When the court asked the Public Prosecutor, if the court considers as appropriate, shall send the defendant to healthcare facility for narcotics addict to receive treatment.
Section 169 When the defendant had undergone treatment and completed to comply with the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee prescribed, until received certification in writing that is a person who completed treatment as satisfactorily by head of healthcare facility for narcotics addict or narcotics addiction rehabilitation center, the court shall make an order to terminate the case, unless that it needs to make an order relating to the case exhibits in dispute and shall acquit such defendant as prescribed in section 168.
If the defendant shall not cooperate in treatment completely according to the rules, procedures, and conditions that the Narcotics Addiction Treatment and Rehabilitation Committee prescribed, the court shall resume the case for trial.
Section 170 The court’s order under section 166, section 168 and section 169 shall be deemed a final judgment. The adjudicating and making of the court’s order under section 166, section 168 and section 169 shall be in accordance with the rules, procedures, and conditions as prescribed in the Regulations of the President of the Supreme Court upon the approval of the plenary session of the Supreme Court.
Title 8
Penalty for Motivating, Inducing, Inciting, Deceiving,
or Compelling Other Persons by Force to Consume Narcotics
Section 171 Any person motivate, induce, incite, deceive, compel by force, using power to dominate wrongly or any other compelling methods to make other person to consume narcotic drugs in type 1, type 2, or type 5, which is violation of section 106, shall be liable to imprisonment for the term of not exceeding ten years or to a fine of not exceeding one million Baht or to both.
If the offence under paragraph one is committed with weapon or jointly committed by two persons or more, the offenders shall be liable to imprisonment for a term of two years to fifteen years and to a fine of two hundred thousand Baht to one million and five hundred thousand Baht.
If the offence under paragraph one or paragraph two is the act against woman or the person not exceeding eighteen years old or is the act to motivate other person to commit criminal offence or for the sake of oneself or others in committing criminal offence, the offender shall be liable to imprisonment for a term of three years to imprisonment for life and to a fine of three hundred thousand Baht to five million Baht.
Section 172 Any person motivates, induce, incite, deceive, compel by force, using power to dominate wrongly or any other compelling methods to make other person consume psychotropic substances which is violation of section 106, shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding five hundred thousand Baht or to both.
If the offence under paragraph one is committed with weapon or jointly committed by two persons or more, the offender shall be liable to imprisonment for a term of one year to ten years and to a fine from one hundred thousand Baht to one million Baht.
If the offence under paragraph one or paragraph two is the act against a woman or person not over eighteen years old or the act to coerce other person into committing criminal offence or for the sake of oneself or others in committing criminal offence, the offender shall be liable to imprisonment for a term of three years to imprisonment for life and to a fine of three hundred thousand Baht to five million Baht.
Section 173 Any person motivate, induce, incite, deceive, compel by force, using power to dominate wrongly or any other compelling methods to make other person consume volatile substances which is violation of Section 106 shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding forty thousand Baht or to both.
If the offence under paragraph one is the act against woman or the person under eighteen years old or the act to motivate the other to commit criminal offence or for the sake of oneself or other in committing criminal offence, the actor shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding sixty thousand Baht or to both.
Title 9
Penalty for the Offence against the Secretary General of the NCB,
the Deputy Secretary General of the NCB, the Narcotics Control Official,
and the Competent Official
Section 174 Any owner or entrepreneur of the business place who violates or does not comply with the order under section 57, shall be liable to a fine of ten thousand Baht to one hundred thousand Baht.
Section 175 Any licensee or related person not appearing to give a statement or not sending any evidence or objects to the competent official who performs duty under to section 61, shall be liable to a fine of not exceeding two thousand Baht.
Section 176 Any person not giving a statement or not sending document records or any objects or not consenting to a test or examination of whether or not any person has narcotics in his or her body, in performing the duties of the Secretary General of the NCB, Deputy Secretary General of the NCB or the Narcotics Control Official in investigation, inquiry or property examination under the Law on Procedure of Narcotics Case, shall be liable to imprisonment for a term of not exceeding one year or to a fine of not exceeding twenty thousand Baht or to both.
Section 177 Any person manipulates, hides, takes away, causes damage, destroys, causes loss or waste or receives wrongly by any means the property that has ordered to seize or attach or that is known by oneself to be seized or attached under section 73, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding three hundred thousand Baht or to both.
Title 10
Penalty for the Offence of Malfeasance in Public Office
Section 178 Member of the Board/Committee, member of the Sub-Committee or member of the work committee under this Code, Secretary General of the NCB, Deputy Secretaries General of the NCB, the Narcotics Control Official or the competent official under this Code, any of whom commits the serious offence relating to narcotics himself or herself, shall be liable to treble penalty imposed for such offence.
Section 179 Member of the Board or Commission or Committee, member of the Sub-Committees or competent official under this Code or any officer or government official commits the offence on malfeasance in public office or malfeasance in judicial office as prescribed in the Penal Code which relating the commission of the serious offence relating to narcotics, shall be liable to treble penalty imposed for such offence.
Section 180 The person who holds political position, local council member, local administration executive, government official, official of the local administration organization, official of organization or State Agency, member or executive or employee or official of state enterprise, competent official, or member of other organizations according to the Constitution, any of whom commits the serious offence relating to narcotics, shall be liable to treble penalty imposed for such offence.
Title 11
Penalty Relating to Narcotics Addiction Treatment
Section 181 Any person conducts on narcotics addiction treatment as a normal business by not doing so in the healthcare facility for narcotics addict or narcotics addiction rehabilitation center as prescribed by this Code, regardless of benefit in return which is violation of section 121, shall be liable to imprisonment for a term of not exceeding three years or to a fine of not exceeding three hundred thousand Baht or to both.
Section 182 Any person advertise on narcotics addiction treatment or allowing other person to do so by using his/her name or the name or location or business of the healthcare facility for narcotics addict or narcotics addiction rehabilitation center or his/her certificate or qualification of practitioner in the healthcare facility for narcotics addict or narcotics addiction rehabilitation center without permission or not in compliance with the advertisement conditions as prescribed in the Ministerial Regulations, which is violation of section 122, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding two hundred thousand Baht or to both.
Section 183 Any person not comply with the order of the licensor under section 123, shall be liable to imprisonment for a term of not exceeding two years or to a fine of not exceeding two hundred thousand Baht or both.
Section 184 If the act under section 182 or section 183 is the act of the owner of advertisement media or the entrepreneur of advertisement business, such actor shall be liable to only one half of the penalty imposed for such offence.
Title 12
Fine Execution
Section 185 All offences under this Book which shall be inflicted only a fine punishment, the NCB or the persons assigned by the NCB or the Secretary General of the FDB or the persons assigned by the Secretary General of the FDB, as the case may be, shall has powers to make a settlement of penalty under the rules, procedures, and conditions that the NCB prescribed by published in the Government Gazette.
If the offender has paid up the fine according to the settlement sum within the time fixed, such case shall be deemed dismissed under the Criminal Procedure Code.
Section 186 In the case that the court imposes a fine punishment, the money from the fine according to the court’s judgment shall be devolved on the Fund, due to, of which only the part that was sent to public finance by the approval of the Ministry of Finance.
If the offender does not pay the fine under paragraph one, and legal execution is applied under the Criminal Code, the Narcotics Control Official shall facilitate or assist in such legal execution also.
The Rate of Fee
(Each)
(1) License for production of narcotic drugs 50,000 Baht
or psychotropic substances
(2) License for production for the export of psychotropic substances 10,000 Baht
(3) License for import of narcotic drugs or psychotropic substances 100,000 Baht
(4) License for export of narcotic drugs or psychotropic substances 10,000 Baht
(5) Temporary license for import or export as single-use 20,000 Baht
of narcotic drugs or psychotropic substances
(6) License for distribution of narcotic drugs or psychotropic substances 5,000 Baht
(7) License for distribution of narcotic drugs or 10,000 Baht
psychotropic substances as wholesale
(8) License for having in possession of narcotic drugs or 5,000 Baht
psychotropic substance
(9) License for distribution or having in possession of narcotic drugs 1,000 Baht
in type 2 exceeding the amount as prescribed by the Minister
(10) License for transit of psychotropic substances 2,000 Baht
(11) License for advertisement of narcotic drugs or psychotropic substance 10,000 Baht
(12) License for production or import of the samples of narcotic drugs 5,000 Baht
preparation in type 3 or psychotropic substance preparation
(13) Registration certificate for the narcotic drugs preparation in type 3 10,000 Baht
or the psychotropic substance preparation
(14) Permit for correction of registration list 2,000 Baht
(15) Substitute for license or registration certificate of the narcotic drugs 2,000Baht
preparation in type III or the psychotropic substance preparation
(16) Extension of license or extension of registration certificate as one-half of
of the narcotic drugs preparation in type 3 or the fee of
such the psychotropic substance preparation certificate license or
(17) Registering fee that collected from expert, professional organization, 100,000 Baht
State Agency or private organization, both domestic and foreign
(18) Fee for the request for permission or other requests 7,000 Baht
(19) Fee for assessment of technical document 500,000 Baht
(20) Fee for business place inspection 50,000 Baht
(21) Other service fees apart from (1)-(20) 4,000 Baht
Notes: The reasons of promulgating this Act is since the legal provisions relating to control and regulation of narcotics as well as narcotics addiction treatment and rehabilitation were dispersed in many various laws, and the execution of each law was the duty and power of many agencies resulting in inconsistency in law enforcement; moreover, some provisions of the narcotics related laws are deemed out of date and therefore expedient to be brought into the form of the single Narcotics Code for use as an all-in-one complete reference, and have the provisions of the aforesaid Code improved to be up-to-date. Besides, it was deemed necessary to rule out the license systems for regulating and utilizing narcotics in medicines, science and industry effectively, prevent the spread and abuse of narcotics leading to narcotics addiction and deterioration of public health, essentially, the group of youths which is the main resources for national development, have a machinery of the Board and Committees comprising members from various entities, both state and private, to participate in making policies relating to the control and regulation of narcotic including narcotic addiction treatment and social rehabilitation that are well-rounded and effective.
The English language translation is provided for research and educational purposes only.
Persons with legal problems in Thailand are advised to contact a licensed lawyer, Thailand Attorneys
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