Last updated: 9 October 2026
Thailand’s cannabis rules now combine medical dispensing controls introduced in June 2025 with tighter business licensing criteria published in April 2026. Cannabis flowers, extracts and finished products do not all fall under the same rules. Existing operators must also distinguish requirements that already apply from proposals in the new cannabis bills.
Brief History of Cannabis Legalization in Thailand
Cannabis has a long history in Thai traditional medicine. Thailand introduced specific controls through the Marijuana Act of 1934 and later regulated cannabis under the Narcotics Act B.E. 2522 (1979). The current narcotics framework is the Narcotics Code B.E. 2564 (2021). Medical and research use was permitted under a licensing framework in 2019.
On 9 June 2022, cannabis and hemp plants were removed from the Category 5 narcotics list. This did not remove all controls or make every cannabis product freely marketable. Under the 2022 Category 5 notification, cannabis and hemp extracts remain controlled narcotics unless an exception applies. The exceptions include extracts containing no more than 0.2% THC by weight produced under licence from plants grown in Thailand, and extracts from seeds of plants grown in Thailand. Controlled extracts may be used through the applicable authorised channels; “controlled” does not mean prohibited in every circumstance.
Medical Cannabis Flower Controls Since June 2025
The MOPH Controlled Herbs (Cannabis) Notification B.E. 2568 was signed on 23 June 2025, published on 25 June and took effect on 26 June 2025. It designates cannabis flowers as a controlled herb. Research, export, sale and commercial processing of that controlled herb require the relevant licence under section 46 of the Protection and Promotion of Thai Traditional Medicine Wisdom Act.
Sales and commercial processing are restricted to dealings with section 46 licensees, subject to the exception for dispensing to patients with a prescription from one of seven recognised professional categories: medical practitioners, dentists, pharmacists, Thai traditional medicine practitioners, applied Thai traditional medicine practitioners, Chinese medicine practitioners and certified folk healers. Each must act within the applicable professional scope.
- Prescriptions: the prescribed quantity must not exceed what is necessary for 30 days of treatment. The DTAM forms notification, effective 1 July 2025, provides Form ภ.ท.33. It records the diagnosis, grams per day, number of days and total quantity. The form does not establish a universal fixed gram allowance for every patient.
- Records: retain Form ภ.ท.33 at the dispensing premises for one year from dispensing. This is separate from the licensee’s obligations to record and report the source, use and stock of controlled herbs.
- Sourcing: flowers sold or exported must come from cultivation sources certified to DTAM’s Good Agricultural and Collection Practices (GACP) standard.
- Sales channels and advertising: vending-machine sales, online or electronic sales and commercial advertising are prohibited. Sales are also prohibited at temples and other religious premises, dormitories, public parks, zoos and amusement parks.
- Sale for smoking on the premises: prohibited, subject to the narrow exception for specified practitioners dispensing to their own patients. Pharmacists are not included in that particular exception. A cannabis sale licence alone does not authorise a smoking lounge.
- Existing operators: the notification expressly requires existing licence holders to comply.
April 2026 Licensing Rules and Existing Businesses
The Ministerial Regulation (No. 2) B.E. 2569 was signed on 29 April 2026 and published in the Royal Gazette on 30 April 2026. It amends the 2016 controlled-herb licensing rules. It is a published regulation, not the earlier January proposal awaiting approval.
The amended criteria connect the premises to a recognised category: a licensed medical facility; premises licensed for manufacture or sale of drugs or herbal products; a licensed Category 5 narcotic-extract producer; a certified folk healer’s premises; or a cultivation site supplying section 46 licensees. This is broader than a choice between only a clinic and a pharmacy, but a conventional retail shop cannot assume it will qualify for a new licence or renewal merely because it previously sold cannabis.
- Premises: demonstrate the right to use the premises or the owner’s consent. Provide appropriate, segregated storage that preserves quality, with controlled herbs kept off the floor.
- Staffing: at least one worker who has completed the prescribed DTAM training must be present throughout opening hours. This requirement is distinct from the professional staffing obligations attached to a clinic, pharmacy or other underlying licence.
- Odour and smoke: provide an efficient system to control odour and smoke. This requirement does not itself authorise smoking or override the restrictions on sales for on-site smoking.
- Transition: existing licences remain valid until expiry. Renewal applications must meet the amended criteria, and applications pending when the amendment took effect are considered under the new rules.
- Renewal risk: a prior suspension for breach of the applicable notification may be a ground for refusing renewal; refusal is not described as automatic in every case.
An unexpired licence is therefore not a blanket exemption from operational requirements. Operators should check their expiry date, underlying eligibility and premises compliance before committing to a lease renewal, refurbishment or acquisition. DTAM’s licensing guidance should be read alongside the regulation; detailed administrative guidance should not be confused with the wording of the regulation itself.
Market Contraction: What the Official Figures Show
In its 22 April 2026 update, the Ministry of Public Health reported 18,517 businesses cumulatively, 7,131 closures through non-renewal in 2025 and 11,386 remaining businesses. These are a dated official snapshot, not a count verified as of October 2026.
Earlier January reporting used a different cut-off and described renewal applications, not completed conversions into licensed medical establishments. Those figures should not be treated as evidence that only 15.5% of businesses passed an audit or successfully converted. Nor should the 2025 non-renewals be attributed to a regulation published in April 2026.
Navigating the cannabis regulations in Thailand?
Tell us briefly about your case and our Bangkok legal team will map out your options.
Structural Comparison: Medical Establishment Pathways
The table compares three common underlying business models. Their licences do not replace the separate section 46 controlled-herb licence required for the relevant cannabis-flower activity. The appropriate route depends on what the business actually does and the qualifications of its professionals.
| Feature | Medical clinic | Pharmacy | Herbal-product business |
|---|---|---|---|
| Main statute | Medical Facilities Act B.E. 2541 (1998) | Drug Act B.E. 2510 (1967) | Herbal Products Act B.E. 2562 (2019) |
| Underlying permissions | Licence to operate the medical facility and licence for its professional manager | The appropriate drug-sale licence | The appropriate herbal-product manufacture or sale licence |
| Professional requirements | Depend on the licensed clinic type: for example, medical, dental, Thai traditional, applied Thai traditional or Chinese medicine | Pharmacist coverage and premises requirements applicable to the pharmacy licence | Qualified personnel and premises required by the applicable herbal-product licensing rules |
| Regulatory channel | Department of Health Service Support / provincial public-health authorities, as applicable | Thai FDA / provincial public-health authorities, as applicable | Thai FDA / provincial public-health authorities, as applicable |
| Underlying licence duration | Facility operating licence: until 31 December of the tenth year following issue; manager’s licence: until 31 December of the second year following issue. Annual fees are separate. | Drug-sale licence: until 31 December of the year of issue, with renewal required | Herbal-product sale licence: five years from issue under section 22 |
| Cannabis-specific requirements | Separate section 46 licence, applicable dispensing controls and DTAM staffing requirements | Separate section 46 licence, applicable dispensing controls and DTAM staffing requirements | Separate section 46 licence; a herbal-product licence alone does not confer authority to prescribe cannabis flowers |
For herbal-product licence duration, see section 22 of the Herbal Products Act. Licence terms in this table concern the underlying business permission; they must not be confused with the three-year cannabis licences proposed in the government bill.
Other eligible routes: certified folk healers, licensed Category 5 extract producers and cultivation sites supplying section 46 licensees also appear in the amended criteria. Cultivation, processing, manufacturing finished products and export require separate analysis of the activity and product involved. Eligibility under one route does not authorise every cannabis activity.
International Treaty Context: The 1961 Convention
Thailand’s domestic rules operate within the wider framework of the Single Convention on Narcotic Drugs, 1961. Article 4(c), subject to the Convention’s provisions, requires parties to limit the listed activities involving controlled drugs “exclusively to medical and scientific purposes”. Article 28 addresses cultivation of cannabis for cannabis or resin and applies the control framework in Article 23; it distinguishes cultivation exclusively for industrial fibre and seed, or horticultural purposes.
The movement towards medical dispensing and regulated supply is relevant to that framework. It does not, by itself, establish a formal finding that Thailand has satisfied every treaty obligation.
New Cannabis Bills: Status as of 9 October 2026
The Ministry of Public Health reported Cabinet approval of the government Cannabis Control Bill on 22 September 2026. The announced proposal covers cultivation, production, import, export and sale, with three-year licences and further controls on advertising and access. These are proposed provisions, not requirements created merely by Cabinet approval.
Cabinet approval is the latest formal milestone verified for that government proposal in the sources reviewed for this update. The approved full text was not located in those sources, and enactment has not been verified. Businesses should continue to distinguish the rules already published in the Gazette from measures described in the bill announcement.
A separate Cannabis and Hemp Bill proposed by Pol. Col. Tawee Sodsong and other MPs is listed for parliamentary public consultation from 30 September to 14 October 2026. That consultation concerns a separate proposal and should not be described as enactment of the government bill. The final wording and timetable remain uncertain.
Practical Priorities for Cannabis Businesses
Before opening, acquiring or renewing a cannabis business, identify the exact product and activity, the existing licence expiry date and the route available under the amended criteria. Review professional coverage and DTAM-trained staffing separately; verify GACP suppliers, patient documentation, stock reporting, storage and odour controls. Lease and acquisition documents should address the consequences if the required licence cannot be obtained or renewed.
Foreign investment, company ownership and work authorisation remain separate questions. A cannabis or medical-establishment licence does not resolve them. Planning should be based on the operative rules and the business’s actual permissions, with proposed legislation treated as a potential future change.
For advice on the licences and compliance requirements relevant to your business, contact AIM Bangkok.
