It seems inevitable that cannabis will once again be classified as an illegal narcotic if the Move Forward Party and its supporters are elected as the next Thai government in August, and even if they are not. Many Thais oppose a drugs-free society because they believe it poses a threat to the morality of their children and to public health in general, according to survey after poll. However, this does not mean that the nation must immediately revert to the previous system of arbitrarily throwing Thais and foreigners in jail for smoking marijuana anywhere on public or private land. As always, a parliamentary bill’s devil will be in the details.
Millions of investment dollars as well as additional billions in profitable sales of the plant for recreational use are at risk, according to Thongchai Somprasart, spokesman for Thai Freedom Group, which represents some farmers and growers. “The emphasis must be on partial criminalization rather than an outright ban because we already know that the use of marijuana for medical purposes won’t ever again be illegal.” As long as it took place in designated cafes and other establishments, he continues, legal marijuana use might be permitted in “24-hour” tourist destinations like Pattaya. Holland is cited by Thongchai as a country where such a policy is effective.A different solution can be found in Israel, where marijuana use is treated more like a public health problem than a criminal offense, similar to smoking cigarettes. Citizens and guests are not prosecuted for having less than 15 grams of marijuana at home, and larger offenders face fines rather than incarceration unless they are flagrant repeat offenders. If such a regulation were to be implemented in Thailand, adults would be required to pay fines and be subject to a points system to determine the seriousness of marijuana offenses, just like they do for infractions involving minor traffic.
In several American jurisdictions, adult marijuana usage for medical and non-medical purposes is not criminally punished when it occurs in “private spaces” or “out of the public eye.” This option is already available. In this version, smoking would be prohibited exclusively in outdoor areas, public spaces, clubs, pubs, and restaurants. The Volstead Act of 1919, which began the American era of alcohol prohibition, could also serve as a model. It’s important to remember that Volstead only made it illegal to produce and distribute alcohol, not to use it yourself. When applied to Thailand, this would imply that the authorities would place more emphasis on the growers of cannabis than the users.There is little doubt that urgent legislation is needed in Thailand to address the cannabis problem. But going back in time is rarely the greatest course of action. And there is some reason for optimism, if only because the Move Forward Party hasn’t exactly been reliable. The delisting of cannabis as a narcotic in June of last year was not opposed by its MPs, who backed the drug’s medical use. Similar ambiguity has previously been displayed by certain coalition partners of Move Forward. Open-mindedness and sound research are now required. The new Thailand is not supposed to be about playing political games and supporting authoritarian solutions.
