Thailand Cannabis Penalties 2026: What's Illegal, the Fines and Jail Terms, and Is Cannabis a Narcotic Again?

Quick summary

• Cannabis flower is not a narcotic. It is a controlled herb that only licensees may sell, and only against a practitioner's prescription covering no more than 30 days.
• Selling or commercially processing flower without a licence: up to 1 year in prison, a fine of up to THB 20,000, or both (Section 78).
• Extracts with more than 0.2% THC are still Category 5 narcotics. The text of Section 148 of the Narcotics Code sets up to 5 years in prison for unlicensed production, sale or possession of a Category 5 narcotic, rising to 15 years for commercial offences (how this applies to cannabis extracts specifically should be checked with a lawyer).
• Smuggling cannabis out of Thailand: up to 10 years in prison or a fine of up to four times the value of the goods under customs law.
• The draft Cannabis Control Bill (fines for misuse by users, prison and fines for unlicensed sellers) is not yet in force.

Is cannabis a narcotic again in Thailand?

This is the question people search for most, and the precise answer is no, at least not for the plant and its flower.

• Flower is classed as a "controlled herb" under the Ministry of Public Health Notification on Controlled Herbs (Cannabis) 2025, in force since 26 June 2025, according to the Tilleke & Gibbins guide. The notification bans selling flower for smoking on business premises, selling via vending machines or online, advertising for commercial purposes, and selling at temples, dormitories and public parks (Daily News).
• Extracts with more than 0.2% THC by weight remain Category 5 narcotics. Under a ministerial regulation effective 26 April 2026, they may only be produced, imported, exported, sold or possessed for four purposes, including medical use and research (Bangkok Biznews).

So whether cannabis is "illegal" depends on what you are doing and with which part of the plant. For the wider picture, see our Thailand cannabis law 2026 overview.

Table of cannabis offences and penalties under current law

Sources: Section 78 from The Nation, Matichon and Thansettakij; administrative penalties from Asia News Network; Section 148 from the code text published on drthawip.com; Sections 162/164 from Thansettakij; customs penalties from The Nation and Khaosod English; nuisance rules from THE STANDARD.

Selling cannabis illegally: how penalties work in practice

The core offence for sellers is operating without a licence under Section 46, which requires a licence before anyone researches, exports, sells or commercially processes a controlled herb. The health ministry has written to the Royal Thai Police asking officers to arrest and prosecute such cases under Section 78 (Thansettakij).

In one real case from December 2022 (under the 2022 notification), six sellers in Bangkok's Thonglor area, five mobile vendors and one shop, that sold flower without a licence were sentenced to two months in prison, suspended for two years, a THB 5,000 fine and forfeiture of the goods (Matichon). Courts may sentence below the maximum, but offenders still end up with a criminal record.

Licensed shops also face administrative penalties. Guidelines issued by the Department of Thai Traditional and Alternative Medicine in June 2026 set a 30-day suspension for breaches such as not displaying the licence or advertising, 90 days for selling without a prescription, and revocation for selling to young people, selling online or allowing smoking on site. A repeat breach of the same condition can lead to immediate revocation (Asia News Network). Business owners should read how to open a cannabis shop in 2026, and buyers can check whether a cannabis shop is licensed before buying.

Hfocus also reports a proposal to raise the maximum Section 78 fine from THB 20,000 to THB 100,000, which is under review by a parliamentary committee. It is not yet in force.

Smoking cannabis in public: is it illegal?

A health ministry notification in force since 15 June 2022 makes smoke or smell from cannabis, hemp or other plants that disturbs others a "nuisance" under public health law (Thai PBS). It is not an on-the-spot fine. The local official first investigates, advises the person to fix the problem and, if they do not, issues an administrative order. The penalty of up to three months in prison, a fine of up to THB 25,000, or both, applies to ignoring that order (THE STANDARD).

For businesses, the 2025 notification bans selling flower for smoking on the premises except as treatment by a licensed practitioner, and allowing smoking on site is among the breaches that can cost a shop its licence. For what is allowed, see our guide to using cannabis legally in Thailand.

Import, export and foreigners

In July 2026, Thai police warned travellers that carrying flower out of the country without customs clearance is punishable under the Customs Act by up to 10 years in prison or a fine of up to four times the value of the goods, and also breaches the controlled-herb rules (Khaosod English). For foreigners, Khaosod English reports that police and customs share offender records with the Immigration Bureau, and 86 foreigners were placed on a blacklist barring re-entry. The same report says foreigners have been caught trying to export cannabis buds, but does not say how many of the 86 were cannabis cases. We found no source confirming deportation practice specifically for cannabis cases, so anyone facing charges should speak to a lawyer.

How the draft Cannabis Control Bill would change penalties (not in force)

The Cabinet approved the bill on 22 September 2026 (see our news on the Cabinet approval). According to Hfocus, it proposes:

• Users who use cannabis outside permitted purposes: fines as set by law
• Unlicensed production, import, export or sale: prison and fines
• Selling to children, young people or pregnant women: prison and fines

No penalty amounts have been published. Thai PBS Policy Watch reports that the 77-section draft has been under Council of State review since 6 October 2026, before going to Parliament, and that more than 15 pieces of secondary legislation will be needed, with full enforcement expected to take roughly one to two years. For the full sequence of events, see our Thai cannabis law timeline.

Important caveat

This article is general information based on news reports and published legal texts as of 11 October 2026. It is not legal advice. Actual penalties depend on the facts and the court's discretion. If you are facing charges or planning a business, consult a Thai-licensed lawyer and check the latest text in the Royal Gazette.

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