Drug charges in Thailand come with serious consequences, including life imprisonment and, in the most severe cases, the death penalty. For foreign nationals, these charges can be even harder to manage due to language barriers, unfamiliar legal procedures, and limited access to support. In these situations, the right criminal defense lawyer isn’t optional but rather the difference between freedom and jail time in a Thai prison.
In this article, we will cover which drugs are illegal in Thailand, what steps to take if you’ve been charged with a drug offense, and what to look for when choosing a criminal defense lawyer to handle your case.
Which drugs are illegal in Thailand?
Thailand classifies illegal drugs into two main categories: narcotics and psychotropic substances. Each category has its own governing law and tier system, with penalties becoming harsher depending on the classification.
Types of Narcotics
The Narcotics Act of 1979 outlines five categories of narcotic drugs. The most dangerous substances fall under Category I, while less harmful drugs fall under Category V:
- Category I: Dangerous narcotics, such as heroin, amphetamines (meth, etc.), MDMA (ecstasy), and LSD.
- Category II: Ordinary narcotics, such as cocaine, morphine, codeine, and methadone.
- Category III: Narcotics with medicinal properties that contain Category II substances as ingredients.
- Category IV: Narcotics containing chemicals used to produce Category I or II narcotics, including acetyl chloride and acetic anhydride.
- Category V: Narcotics not listed as part of Categories I to IV, such as “magic mushrooms,” cannabis, and kratom plants.
Though Thailand decriminalized cannabis in 2022, recreational cannabis products with over 0.2% THC remain illegal. This means that using vapes, edibles, and other products containing more than 0.2% of THC is a criminal offense and can lead to serious legal consequences, including imprisonment.
Raw cannabis flower is legal, and you can find it along with products containing it (pre-rolled “joints,” etc.) for sale in dispensaries across the country. However, smoking cannabis in public spaces is not permitted and can lead to a fine of up to 25,000 THB. Moreover, the sale of cannabis (regardless of the THC content) is prohibited to pregnant or breastfeeding women and individuals under the age of 20.
Types of Psychotropics
The Psychotropic Substances Act of 1975 governs drugs that affect your mental state. They are classified into four schedules, based on their likelihood of being abused:
- Schedule I: Substances not approved for medicinal purposes with a high risk of abuse, such as tetrahydrocannabinol and gamma-hydroxybutyrate.
- Schedule II: Substances used for medicinal purposes but with high abuse potential, such as ketamine, ephedrine, midazolam, and triazolam.
- Schedule III: Substances used for medicinal purposes with a moderate risk of abuse.
- Schedule IV: Substances used for medicinal purposes with relatively low abuse potential, such as alprazolam, diazepam, and lorazepam.
These substances are government-regulated. Possession or use, especially without a prescription, can result in fines or imprisonment. If you have prescription medication consisting of or containing these substances, check what Thai law says specifically about it. Some may be allowed with a prescription, while others are banned completely.
What to Do if You Are Charged with Drug Offenses in Thailand
If the police arrest you for drug-related charges, you will most likely be searched, required to take an on-the-spot drug test, and detained. Thai authorities have broad powers under the Narcotics Act and Psychotropic Substances Act to inspect property, conduct drug tests, and even make arrests without a warrant in certain situations. Thai police can detain you for up to 48 hours without a formal charge if they suspect you have broken the law.
If you’re charged with a drug offense, your first step should be to hire a criminal defense lawyer in Thailand. Choose someone who speaks English or your native language, as these are serious criminal cases handled in Thai courts. You do not need to answer any questions or sign anything until your lawyer is present.
If you are unable to secure a lawyer, you can contact your country’s embassy in Thailand, and the staff may be able to help recommend legal representation or put you in contact with your family.
During your arrest, you have the right to remain silent and to refuse a drug test, but keep in mind that refusing the test may be used as evidence in court.
Penalties for Drug Offenses
Depending on the drug involved and the nature of your offense, the penalties you could face will vary. Here is an overview of the types of offenses for narcotics in Thailand, with their penalties listed by drug classification from least to most dangerous:
- Production, Importation, or Exportation: Imprisonment of up to 2 years to life in prison and a fine ranging from around 200,000 THB to 5,000,000 THB. In severe cases of trafficking Category I substances, you could face the death penalty.
- Possession for Distribution: Imprisonment of up to 2 years to life in prison and a fine ranging from 40,000 THB to 5,000,000 THB.
- Possession: Imprisonment of up to 1 year to 10 years and/or a fine ranging from 20,000 THB to 200,000 THB.
- Consumption: Imprisonment of up to 1 month to 3 years and/or a fine ranging from 2,000 THB to 60,000 THB.
Here is an overview of the types of offenses for psychotropic drugs in Thailand, with their penalties listed by drug schedule from the lowest to highest risk of abuse:
- Production, Importation, or Exportation: Imprisonment of up to 5 years to 10 years and a fine ranging from 100,000 THB to 400,000 THB.
- Carrying Across Borders: Imprisonment of up to 5 years and a fine of no more than 100,000 THB.
- Possession, Use, or Consumption: Imprisonment of up to 1 year to 5 years and a fine ranging from 20,000 THB to 100,000 THB.
How to Find a Good Lawyer for Drug Charges in Thailand
Having the right lawyer to help with your drug charges in Thailand could be the difference between the maximum penalty and a lighter sentence or even dropped charges. If you are a foreigner, you need someone who speaks your language and not only understands Thai drug law but also knows how to work with non-Thai clients.
Here are a few qualities to look out for when hiring a criminal defense lawyer in Thailand:
- Bilingual Skills: Court proceedings in Thailand are held entirely in the Thai language, and official translations are not automatically provided. Look for a bilingual lawyer who is fluent in English or your native language, as they can help you understand the implications of each court proceeding and properly fight for your rights on your behalf. This will give you a fair advantage in a country that is not your own and reduce the chances of misunderstandings.
- Experience with Foreign Clients: Look for a lawyer who has experience working with non-Thai clients, as they will understand and be able to explain the cross-cultural differences and how Thai law affects foreigners differently than citizens.
- Strong Track Record of Success and a Reliable Reputation: Drug offenses often involve handling evidence, challenging police procedures, and negotiating with the prosecutor. Because of this, look for a lawyer with a proven track record of success in drug-related cases, specifically with foreigners. Positive reviews and referrals from past clients can show that they are reliable and capable of delivering the support you need.
- Responsiveness: Legal cases in Thailand often move quickly, and missing a deadline can seriously impact the outcome. Look for a lawyer who values timely communication and makes themselves available to answer questions, provide updates, and respond to urgent matters promptly. Better yet, find a law firm with multiple law teams comprising several qualified criminal defense attorneys, so there is always someone there to help, even when the firm has a high case load.
Hire a Criminal Defense Lawyer in Thailand
If you’re facing drug charges in Thailand, contact Siam Legal International immediately. With over 20 years of experience and in-depth knowledge of both Thai criminal and civil law, our bilingual litigation team is fully equipped to handle the particulars of your case and secure the best possible outcome.
We will help you gather the evidence needed to challenge the accusation and prove your innocence or negotiate with the prosecutor to secure the lightest possible sentence. However, if required, we will fight tirelessly to protect your rights and freedom in court.
If you want to stay out of Thai prison and preserve your record and reputation, do not hesitate to contact Siam Legal to book a consultation now!
