New Guidelines Detail Enforcement for Cannabis Operators
Stricter enforcement guidelines have been established for businesses involved in the research, export, sale, and processing of cannabis for commercial purposes. These regulations, developed under the Ministry of Public Health’s Controlled Herbal Product (Cannabis) BE 2568 notification, aim to standardize penalties for licensed operators.
The deputy director-general of the department, Dr. Thewan Thaneerat, announced on Monday that the guidelines are designed to provide a consistent framework for both enforcement officials and cannabis businesses. This move signals a more rigorous approach to overseeing the burgeoning cannabis industry.
License Suspensions and Grounds for Penalties
Under the new rules, operators could face a 30-day license suspension for failing to properly maintain or submit crucial forms. These include the PorThor 27 form, which tracks the source and quantities of cannabis stock, and the PorThor 28 form, detailing its usage, such as daily sales, distribution, or processing into other products. The mandatory monthly reports must also be submitted completely and on time to avoid suspension.
Further grounds for a 30-day license suspension include:
- Selling or exporting controlled products that do not meet Good Agricultural and Collection Practices (GACP) or equivalent standards.
- Failing to display licenses at business premises or provide them for digital inspection when requested.
- Advertising cannabis products for commercial purposes.
Extended Suspensions and License Revocation
More severe penalties, including license suspensions of up to 90 days, may be imposed if operators:
- Fail to notify authorities of export details.
- Sell cannabis without the required PorThor 33 form, which is a doctor-issued prescription necessary for every legal sale.
Dr. Thewan further outlined that licenses may be revoked for operators who engage in more serious violations. These include reporting false information, selling cannabis to vulnerable groups, allowing on-site consumption, selling products via online platforms or vending machines, or operating in prohibited areas.
Defining Vulnerable Groups and Prohibited Locations
Vulnerable groups are defined as individuals under 20 years of age, students, pregnant women, and breastfeeding mothers. Prohibited locations for cannabis sales and operations encompass temples, dormitories, and public parks.
Cumulative Penalties and Repeat Offenses
The guidelines also address cumulative penalties for multiple violations. While suspension periods for different offenses will be combined, they cannot exceed a total of 90 days. For repeat offenders, penalties will be harsher. Dr. Thewan specified that a second violation of the same type will result in immediate license revocation, emphasizing the zero-tolerance approach for repeated infractions.
