Police explain the new law: ‘5 methamphetamine pills’ still carries the offense of possession for use. Both imprisonment and fine

Police explain the new law: ‘5 methamphetamine pills’ still carries the offense of possession for use.  Both imprisonment and fine


Feb. 13, 2024 – Pol. Col. Uthen Nuiphin, Deputy Spokesperson of the Royal Thai Police, revealed that according to information published on social media regarding the issue of The new drug law, users or those in possession of no more than 5 pills, will no longer be punished. It is the dissemination of inaccurate information.

Deputy Spokesman of the Police said that according to the Minister of Public Health Ministerial regulations have been issued. Determining the amount of narcotics and psychotropic substances that are presumed to be in possession for use, B.E. 2567, dated January 31, 2024, effective February 9, 2024, the said ministerial regulation has been announced. According to Section 24, paragraph two, of the Narcotics Law Act, B.E. 2021, and Section 107, paragraph two, of the Narcotics Code. It is assumed that Possession of prescribed small amounts of drugs It is assumed that it is in possession for consumption. That person is considered to be sick. Must receive treatment in order to recover from drug addiction and return to society.

Taking drugs is still punishable according to the Narcotics Code, Sections 104, 162, punishable by imprisonment not exceeding 1 year or a fine not exceeding 20,000 baht, or both. But if the addict voluntarily undergoes treatment and meets the specified conditions. and continue receiving treatment until complete There will be no offense under the Narcotics Code, Section 113. However, legal penalties still exist. This law intends to help people receive treatment without criminalizing it. or reducing the criminalization of drug addicts (decriminalization) “viewing addicts as patients” using public health and health processes to solve the problem of addicts

As for possession of small amounts of drugs for use, such as methamphetamine not exceeding 5 tablets, ice not exceeding 100 milligrams, or ketamine with a net weight not exceeding 500 milligrams, according to the Ministry of Public Health announcement 2024, it is still an offense. base “Possession for use” according to the Narcotics Code, Sections 107, 164, is punishable by imprisonment not exceeding 2 years or a fine not exceeding 40,000 baht, or both. But if the person in possession of the drug uses it Volunteer to receive treatment and continue receiving treatment until complete There will also be no offense according to Section 113 by possessing drugs for use, divided into 2 cases as follows:

Case 1: Possession of drugs for use according to actual behavior, such as having 10 methamphetamine tablets, even though the amount exceeds the ministerial regulations. But if the facts Various evidence confirmed that the 10 methamphetamine pills were indeed intended for use. There is no circumstance or history of selling drugs. Test results for drugs in the urine are found to be an offense of possession for use.

Case 2: Possession of drugs for use in small amounts not exceeding the prescribed limit, such as amphetamine not exceeding 5 tablets, ice not exceeding 100 milligrams, or ketamine with a net weight not exceeding 500 milligrams, according to the Ministry of Public Health announcement 2024. If there is no such circumstance or history of selling drugs, there is an offense of possession for use.

Pol. Col. Uthen Nuiphin, deputy police spokesperson, would like to inform the public that the Prachon brothers and sisters are aware that Taking drugs of all types Possession of all types of drugs Regardless of the amount, it is still an offense under the law and can be arrested and prosecuted.

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