Drug Trafficking in Thailand

G.A.M. Legal Alliance > Criminal Law > Drug Trafficking in Thailand

In Thailand, located in the Golden Triangle. Makes drug trafficking one of the most serious criminal offenses in Thailand. This has brought with it legal penalties which includes life imprisonment as well as the death penalty. Speak to a criminal law firm in Thailand.

The drug legislation is mainly governed by the Narcotic Act B.E. 2522 (1979) and the Psychotropic Substances Act B.E. 2518 (1975). There is more of this on the website. There are also relevant sections of the Thai Penal Code and Criminal Procedure Code. The offense of drug trafficking covers possession, production, importation, exportation, and sale of illegal drugs with the intent to distribute. We will explain this down below.

Drug Trafficking in Thailand

Drugs

Drug Trafficking in Thailand

 

This article seeks to provide a detailed overview of drug trafficking in Thailand. Showing the applicable laws, criminal procedure, penalties, notable case examples, and defenses under Thai law.

 

II. Legal Definitions and Classification of Drugs

 
A. Legal Basis: Narcotic Act B.E. 2522 
 
Note that in Thailand the Narcotic Act divides drugs into five categories:
 
Category I: This category are for narcotics with no accepted medical use (e.g., heroin, MDMA, crystal methamphetamine). These are illegal in Thailand.
 
Category II: We can see that these narcotics comes with medical use but risk of abuse (e.g., morphine, codeine). These need a medical certificate.
 
Category III–V: These include certain sleeping pills, tranquilizers, cannabis (before legalization), and kratom (some now decriminalized or regulated)
 
 
B. Definition of “Trafficking”
 
So under the definition of trafficking under Section 4 of the Narcotic Act. We see what this entails as it starts with production all the way to distribution.  “Production, importation, exportation, sale, possession for sale, or distribution of a narcotic is considered trafficking.”
 
 
Likewise these also includes the following:
 
• Carrying narcotics across borders
• Holding large quantities inconsistent with personal use
• Possession with intent to distribute
 

 III. Key Legal Provisions and Penalties

 
 A. Section 15 – Production or Import of Category I Narcotics 
 
“Whoever produces, imports or exports narcotics of Category I shall be punished with death, life imprisonment, or imprisonment of twenty to thirty years and a fine of 2,000,000 to 5,000,000 baht.” This offense carries the most heaviest penalties in the Thai legal system. As seen above that this is because of the location of Thailand as part of the Golden Triangle.
 
 B. Section 16 – Possession for Sale (Category I) 
 
“Whoever possesses Category I narcotics for the purpose of sale shall be punished with imprisonment of up to life and a fine not exceeding five million baht.” The quantity in possession often determines whether it is deemed for “personal use” or “for sale.”
 
C. Section 17 – Sale of Narcotics 
 
“Selling Category I drugs shall be punished with imprisonment of 4–15 years and a fine of 400,000–1,500,000 baht.” Repeat offenses, organized crime, and sale to minors increase the penalty. 
 
 

IV. Presumption of Trafficking Based on Quantity

 
Thai law presumes intent to sell. This is when the quantity exceeds a certain amount. For example we can take the following amounts are having the intent to sell the drugs:
 
• Methamphetamine (Yaba): More than 15 pills
• Crystal Meth (Ice): More than 10 grams
• Heroin: More than 100 grams
 
Should the police find you in these possessions of these amounts or more, the burden shifts to the accused to prove the drugs were not intended for distribution.
 

 V. The Death Penalty and Recent Reforms

Thailand technically retains the death penalty for trafficking in large quantities of Category I drugs. However, in practice it tend to be life imprisonment: Courts often commute death to life imprisonment upon confession or cooperation. A Royal Pardon may reduce sentences periodically. The Amended Narcotic Act (B.E. 2564 / 2021) provides mechanisms for reduced sentencing based on cooperation, intent, and role in the network. 
 

VI. Criminal Procedure in Drug Cases

 
Drug trafficking cases in Thailand are prosecuted under both the Narcotic Act and the Criminal Procedure Code. The typical steps would include the following: Arrest and Search (Sections 6, Section 94, Section 98 Criminal Procedure Code) Firstly arrests may occur with or without a warrant if there is probable cause.Secondly police may conduct urine tests, searches, and seizures under Section 94 Criminal Procedure Code
 
Lastly relevant property, vehicles, or phones may be confiscated.   
 
Pre-Trial Detention (Section 87 Criminal Procedure Code) Much like other crimes. Any suspect may be detained up to 48 hours for preliminary investigation before they have to appear before court.Likewise the police can apply for court-approved detention. This will be for up to 84 days. This pending formal charges. Prosecution and Indictment (Section 140 Criminal Procedure Code).
 
Firstly the public prosecutor files formal charges when it comes to drug charges.Note that when it comes to drugs in Thailand. The issuing of bail is rarely granted in drug trafficking cases due to flight risk and the severity of the crime.
 
 

VII. Investigation and Evidence

 
A. Forensic Evidence
 
The drugs are tested and classified by the Office of Narcotics Control Board (ONCB).Likewise fingerprints, mobile phone data, and financial records. These are also used to prove network involvement when it comes to organized crime. B. Confession and Cooperation Under the 2021 amendments. Cooperating with the police or confessing can lead to significant sentence reductions or eligibility for parole. 
 

VIII. Notable Hypothetical

 
Case Example Case: Public Prosecutor v. Mr. Chanon Wattanapong Mr. Chanon was arrested on 15 January 2024 at Don Mueang Airport with 2.5 kilograms of heroin.The heroin was concealed in one of suitcases he had. He was found to be traveling to a neighboring ASEAN country in Asia. During questioning he claimed to be unaware the package contained drugs. yet said that he was paid 30,000 baht to deliver it.
 
 Drug Charges for him was as follows:
 
• Section 15 of Narcotic Act: Export of Category I narcotic
• Section 4 (definition): Trafficking
 
 
Criminal Procedure Code:
 
He was arrested at the airport without warrant under Section 66 Criminal Procedure Code He confessed during police interrogation where he remarked that he was paid 30,000 baht He also cooperation with ONCB in identifying the drug ring leader  Judgment on the charges: He was originally sentenced to death. However the sentence commuted to life imprisonment. This was mainly due to confession and cooperation under 2021 reforms 
 

IX. Defenses in Drug Trafficking Cases

 
A. Lack of Knowledge The accused may claim they were unaware of the drugs in their possession. They may claim that the drugs were planted in their luggage. You will note that you would need to have substantiated facts with credible evidence. This could be witness statements as well as your travel history. Likewise the lack of financial motive to be a drug mule.  B. Duress (Section 68 Penal Code) One of the most common defense with drug mules is duress. They might claim that as a defendant they where coerced or threatened into trafficking drugs. This does happen but it is very rare. C. Entrapment. Though it is not not formally codified. The defense council may argue that police induced the offense unlawfully. This will need to have compelling evidence as the Thai courts rarely accept this defense. 
 

X. International Drug Trafficking and Thai Law

 
You will know that drug laws are heavily enforced at the Thai borders. Both Thai nationals and foreigners have been convicted and sentenced to life or death for cross-border trafficking. Notable Facts:  Thailand cooperates with INTERPOL and ASEANAPOL for regional drug control.  The Extradition Act B.E. 2551 (2008) allows for the extradition of traffickers to or from Thailand under treaty conditions.
 

XI. Seizure and Confiscation of Assets

 
Under Section 49 of the Narcotic Act Any assets which is believed to be proceeds of drug trafficking. These assets may be frozen such as bank accounts. Much like today when the Thai government shut down more that 800 mule bank accounts. The assets may also be confiscated.
 
• Real estate
• Vehicles
• Jewelry and luxury items 
These types o assets are handled under the Anti-Money Laundering Act B.E. 2542 (1999) in conjunction with narcotics laws.
 

XII. Drug Trafficking by Foreigners in Thailand 

 
Foreign nationals caught trafficking drugs in Thailand face:
 
• Same criminal penalties as Thais
• Rare access to bail
• Deportation after serving sentence
 
They are allowed consular access under the Vienna Convention on Consular Relations, but this does not affect the trial process.
 

XIII. Plea Bargaining and Sentence Reduction

 
Under Section 100/2 of the Narcotic Act, courts may reduce penalties under the following: The accused in the drug case confesses during the investigation The accused assists the Thai police to dismantle the trafficking network The quantity of drugs and type of drugs are below the threshold for maximum sentencing  XIV. Public Campaigns and Education  Thailand has engaged in strong anti-drug campaigns, including:  School-based education  Television advertisements Community outreach by the Ministry of Justice and Office of Narcotics Control Board.
 

Appendix: Key Thai Legal Provisions

 
Section 4 Narcotic Act Defines “trafficking” to include possession for sale, import/export
Section 15 Narcotic Act Production, import, or export of Category I drugs
Section 16 Narcotic Act Possession of drugs for sale
Section 17 Narcotic Act Sale or distribution of narcotics
Section 49 Narcotic Act Asset seizure and confiscation
 
Section 100/2 Narcotic Act (Amended 2021) Sentencing reduction for cooperation
 
Section 59 Penal Code Criminal liability and intent
Section 68 Penal Code Duress and necessity defense
 
Sections 66, 87, 94, 140 Criminal Procedure Code Arrest, detention, and prosecution
Anti-Money Laundering Act B.E. 2542 Statute Seizure of illicit assets
 
Extradition Act B.E. 2551 Statute International extradition for drug offenses
 
 
 
 

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