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Cannabis plants in full bloom at Rak Jang Farm. Credit: Thomas Schmid
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A worker at Rak Jang farm carefully handpicks cannabis leaves for CBD extraction, the substance later to be used by Abhaibhubejr Hospital in the production of cosmetics, food supplements, personal hygiene products, and pharmaceuticals. Credit: Thomas Schmid
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Deep-fried cannabis leaves with dipping sauce. The use of cannabis leaves in dishes like this is now permitted in Thailand, provided the respective restaurant obtains a proper license and only uses approved cannabis plant parts containing a maximum of 0.2% THC. Credit: Thomas Schmid
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A gift basket of assorted wellness products containing CBD, as developed and marketed by Abhaibhubejr Hospital. Credit: Thomas Schmid
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CBD oil as developed, manufactured, and marketed by the Government Pharmaceutical Organization. Credit: Thomas Schmid
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“Sibannac” night facial mask and acne spot cleanser to be marketed by the Government Pharmaceutical Organization. Both products contain CBD. Credit: Thomas Schmid
A female worker in protective gear gently plucks leafs from a mature Cannabis indica plant, placing them in a basket. A different employee nearby checks the buds and flowers on another plant. Her basket full, the first worker has her harvest weighed and recorded, all under the watchful eyes of strategically placed CCTV cameras. The compound the worker eventually leaves is surrounded with a high perimeter fence topped by barbed wire. Access to the plot is through a single sturdy door that only unlocks by way of a fingerprint scanner.
The scene is Rak Jang Farm, located in the Wang Nam Khiao district of Nakorn Ratchasima province, some 200 kilometers northeast of Thailand’s capital Bangkok. For three decades, the farm had specialized in growing watermelons and cantaloupes that were renowned nationwide for their particular juiciness and sweetness. However, the farm has recently made headlines of another sort – it is among the first pilot enterprises licensed by the Thai government to grow hemp commercially under the country’s new cannabis liberalization policy.
But as Rak Jang Farm’s tight security proves, “liberalization” is certainly not synonymous with “free for all”. Although cannabis plants have been removed from Schedule 5 of the Narcotics Control Act, cannabis-derived narcotics like marijuana (or “ganja”, as it is called locally, referring to the dried flowers) and hashish (the resin exuded by cannabis flowers) continue to be listed under Schedule 1 of the same Act, meaning they are still highly illegal. But, it isn’t a big surprise.
The focus is on CBD (cannabidiol)
The Thai authorities have made it unmistakably clear from the earliest conception of the scheme that THC (tetrahydrocannabinol), cannabis’ psychoactive substance, would remain a controlled substance. Instead, the liberalization drive from the first minute has been focused on relaxing the rules concerning the hemp plant’s other major compound, CBD (cannabidiol), which is primarily contained in leafs, stalks, stems, and roots and purported to have a range of health and therapeutic benefits. “We are not concerned regarding CBD, but concerned about the abuse of THC,” Dr. Pakakrong Kwankhao, deputy director of the Medical Cannabis Institution of Thailand under the Office of the Permanent Secretary of the Ministry of Public Health, told international media participants at a press conference in Bangkok in late March.
A new classification system for legal purposes
To drive home that point, the government has devised a classification system that divides cannabis plants into two categories – and regardless of their actual botanical taxonomy. “The difference is the level of THC [in the plant], and the level of THC only,” explained Dr. Nuntakan Suwanpidokkul, a senior expert of the Government Pharmaceutical Organization (GPO), at the aforementioned press conference. “If it is up to a maximum of 1% THC [per gram of dried cannabis plant parts, including the flowers], it’s classified as ‘hemp’; and if it’s over 1%, it’s classified as ‘cannabis’,” she said. Unauthorized individuals possessing, trading, distributing, processing, or consuming “cannabis” under that classification are liable for criminal prosecution. “The penalties prescribed for such offences are up to five years imprisonment or a fine of up to THB500,000 (US$16,000); or both,” cautioned Mana Airiphitthayawat, director of the Legal Affairs Bureau attached to the Office of the Narcotics Control Board.
THC products are possible, but…
That does not mean that high-THC cannabis strains and/or cannabis flowers in general are completely off the table. Licensed institutions such as the GPO can indeed utilize THC-rich plant material for the manufacture of certain medications. “We do have THC products but they are only dispensed by medical prescription to selected [and stringently monitored] palliative care patients for the purpose of improving their quality of life,” confirmed Dr. Pakakrong, who added that such medications also may be used “for treatment of schizophrenia in children.”
The “Open Sesame” formula: high CBD/low THC
Yet, the emphasis nevertheless is on cannabis strains with high CBD content but a very low THC yield. ”CBD must be at least 12% [per gram of dried plant parts], while THC must not exceed 0.5%,” said the GPO’s senior expert, Dr. Nuntakan Suwanpidokkul, whereas it is understood that the compound is generally concentrated in leafs, stems, stalks, and roots, but not present in any noteworthy quantity in the flowers. Extracted from the plant parts through – typically – a process known as “supercritical CO2 extraction” the substance can subsequently be used as an active ingredient in a variety of products.
No place for tobacco and vaping products
Even as the first tentative steps for gradual cannabis decriminalization took place, the government was very adamant that tobacco product producers of any description would not be able to join a “cannabis bonanza” of any description. An informed source at the GPO who spoke to Tobacco Asia on condition of anonymity said that even the Tobacco Authority of Thailand has been rejected. According to the source, the former state tobacco monopoly had unsuccessfully attempted “at least twice” to obtain a license for launching a bespoke CBD-infused cigarette brand. “The government understandably is very wary of unwittingly promoting tobacco use by permitting a CBD-infused product that could lure a lot of people into picking up smoking,” the source elaborated. Vaping liquids containing CBD likewise are out of the question – and for even sounder reasons. After all, vaping and e-smoking devices are banned in Thailand; so are all e-liquids.
The “medical cannabis hub” and culinary delights
Instead, a handful of licensed higher education institutions and hospitals began researching and developing medications and other therapeutic products containing CBD as early as February 2019, generally growing cannabis plants in their own experimental gardens. This also was in line with the authorities’ announcement to promote the country as a future “global medical cannabis hub”. Although the Covid-19 pandemic has since considerably stalled that plan, it remains on the agenda and is expected to commence as soon as the virus crisis abides and the country re-opens for international tourism. And, as restrictions continue to ease, additional product categories such as cosmetics, traditional herbal preparations, and wellness products are already in the picture, with private enterprises having been allowed as of December 2020 to engage… provided they are properly licensed.
The latest development in that regard is that cannabis leaves and other plant parts can now also be used as food ingredients by restaurants. But again, restaurateurs are required to obtain a license. And there is an important caveat, too, according to Mana Airiphitthayawat of the Narcotics Control Board: “Leafs, stems, and other plant parts [used as food ingredients] must contain no more than 0.2% THC [per gram of weight], while flowers are strictly prohibited.”
The advent of the cannabis-growing community enterprise
Apart from higher educational institutions and hospitals with special permission, the only other entities that presently can apply for licenses to actually grow cannabis on a commercial scale are community enterprises. “The definition of ‘community enterprise’ in the cannabis-growing context is that any such enterprise must comprise of at least six agricultural households that come together and register with the health office in their respective home province first,” explained Dr. Pakakrong Kwankhao of the Medical Cannabis Institution of Thailand. “If the community enterprise is approved [by the provincial health authority], it is then obliged to subsequently apply to both the Food and Drug Administration as well as the Narcotics Control Board in order to eventually obtain a growing license.”
Stringent reporting at every step
Which brings us back full circle to Rak Jang Farm and its high-security operation. Besides preventing any unauthorized individuals from entering the cannabis compound, the farm also is required to meticulously report anything that happens to the plants or the harvest. “We want to know exactly how many plants are grown and who receives leafs, stalks, or flowers and in what quantities,” said Supattra Boonserm, deputy secretary-general of the Food and Drug Administration. She added that this strict reporting requirement also extends to the actual recipients. “They must likewise inform us through detailed monthly reports from whom they obtained raw material, how much, and into what kind of products the received material was manufactured. Not one gram must go missing; and if it does, we want to know what happened to it.”
Supplying a partner
Rak Jang Farm currently grows about 400 cannabis plants at various development stages in its four greenhouses. Whatever is harvested from these plants is exclusively supplied to the farm’s partner organization, nearby Abhaibubejr (pronounced “a-pai-poo-bet”) Hospital. There, the produce is processed into a broad range of medications and, since lately, a variety of food supplements and health products. The farm’s plant stock is continuously replenished through cuttings taken from mature “mother plants”. “Thanks to this propagation technique all new saplings will be genetically identical to the mother plants, ensuring consistent quality,” the hospital’s chief of r&d, Nathanai Musigapong, told Tobacco Asia. “The farm only nurses female plants to maturity, while males are purged, as they develop no flowers,” he added. Nathanai also said that the typical CBD yield of plants supplied by the farm was 13.5% by total gross weight, while the THC content is 0.7%. According to these figures, Rak Jang Farm’s plants thus fall under the “hemp” category as stipulated by the authorities’ classification system.
To encourage the community enterprise farm to strive for highest quality, the hospital has settled on a buying price of THB47,000 (US$1,500) per kilogram of unprocessed plant parts with a CBD concentration of at least 12% and above. Meanwhile, plants with a CBD content of between 8% and 11% fetch a mere THB25,000 (US$790) per kilogram. In any case, the cannabis business appears to be quite a lucrative income source for Rak Jang Farm. Certainly beats selling melons and cantaloupes.
The Art of Licensing
Thailand has established two different and quite complex licensing paths, depending on whether the cannabis type in question is classified as “hemp” or “cannabis” as detailed earlier in this article. To better understand the licensing process, let’s look at the example of Rak Jang Farm community enterprise. As all plants grown at the farm are of the low-THC/high-CBD “Charlotte’s Angel” varietal, the farm had to negotiate the “hemp” path.
But, before anything could happen, Rak Jang Farm first had to set itself up as a community enterprise (which, as we have learned, must comprise of at least 6 collaborating agricultural households). To accomplish that, the farm had to apply to the health office of Nakorn Ratchasima province to be accorded the community enterprise status. Once that status was confirmed and the community enterprise had been properly registered, the provincial health office passed on the farm’s application to grow “hemp” to Nakorn Ratchasima’s provincial narcotics committee for further consideration.
In parallel, Rak Jang Farm also had to file a separate application with the Food and Drug Administration in order to be recognized as a future hemp grower, producer, distributor, and seller. After scrutinizing and approving all submitted documentation, both the provincial health office and the FDA passed on the applications to the national Narcotics Control Board for final decision, upon which Rak Jang Farm received its license to cultivate, produce, possess, and sell hemp.
Had the farm opted to cultivate “cannabis” instead of “hemp”, it would have been obliged to negotiate the “cannabis” licensing path detailed in the diagram.
Permitted Applications for Cannabis in Thailand*
*as of April 2021
**as defined by the Thai government’s classification system, and under the explicit provision that appropriate licenses have been obtained
Source: Food and Drug Administration
Six Plants for Every Citizen
As of January 2021, every Thai citizen (but not foreign residents of the country!) is permitted to privately grow up to six cannabis plants, whereas it is understood that they must be of the “hemp” category as prescribed by the government’s legal classification system. Furthermore, only strains may be cultivated whose total THC yield does not exceed 0.2% per gram of weight, excluding the flowers. The development of flowers must be prevented. But if flowers should bud nevertheless, they must be reported and surrendered to the authorities. No license for private growing is required, but saplings or seeds must be obtained from an approved source, such as a licensed community enterprise or higher learning institution. The plant parts are exclusively for private consumption, i.e. it is strictly forbidden to sell or distribute them to other parties.
Disclaimer
Although Tobacco Asia has taken every care in reporting the legal and regulatory aspects of Thailand’s “cannabis liberation” as accurately and concisely as we could, neither the magazine nor its publisher, staff, or contributing writers can be held liable for possible mistakes, misinformation or omissions in this article. While valid at the time of publication, all regulations described are subject to change and/or adjustment without prior notice and at the sole discretion of the Thai authorities. Our readers are advised to approach relevant Thai government agencies directly if they wish to obtain the most up-to-date information.