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Getting (legally) stoned in the Land of Smiles is … tricky
Thailand, famous for having some of the toughest anti-drug laws in the world, recently became the first Asian country to decriminalize cannabis. Still, a tangle of laws — and messy domestic politics — make it unclear whether recreational use and possession will be prosecuted now, or in the future. Huh? We asked Eurasia Group analyst Peter Mumford to make sense of it all.
How did we get here?
Thailand has traditionally taken a very conservative approach to drugs and punished those caught with even small amounts of certain narcotics with lengthy prison terms or even the death penalty. But the junta that took over after the 2014 military coup decided to change course. Its justice minister admitted that anti-drug policies had failed to eradicate consumption — yet succeeded in fostering police corruption and filling overcrowded jails with minor offenders, mostly from disadvantaged backgrounds.
In 2017, the generals began reducing penalties for possession, import/export, and production of narcotics; a year later, Thailand became the first country in Asia to legalize medical marijuana.
What happened next?
Ahead of the 2019 elections, the first since the coup, the Bhum Jai Thai (Thai Pride) party made legalizing cannabis its central policy proposal, vowing to allow households to grow weed as a cash crop and develop the medical marijuana sector. This niche but fairly popular policy agenda helped the BJT, a medium-sized party, stand out in a crowded electoral field. It ended up winning the fifth-largest number of seats in parliament and joining the coalition government led by Prime Minister Prayuth Chan-ocha, the same army chief who seized power in 2014.
Prayuth appointed BJT leader Anutin Charnvirakul, a staunch advocate of cannabis legalization, as deputy PM and health minister, enabling him to push harder for decriminalization. Subsequent defections by MPs from other parties resulted in BJT becoming the second-largest party in the ruling coalition, giving it even more clout. As Prayuth has struggled to manage an increasingly fractious coalition and stop attempts to oust him, he has become more dependent on the BJT to stay in power.
It is in this context that the general-turned-PM caved to the party's signature demand, which the BJT chalks up as a major victory and hopes will bolster its prospects in the next elections, due by May 2023.
So, is weed now really legal?
Yes and no. Anyone is now free to grow, consume, and trade domestically sourced cannabis plants, with the previous licensing scheme for medical marijuana cultivation now scrapped. However, cannabis extracts are treated differently: those containing more than 0.2% of THC, basically what makes you high, are still classified as illegal narcotics. All extracts derived from foreign plants are also banned, regardless of THC content. The regulatory situation is hazy and rapidly evolving, though.
What about recreational use?
The government was caught off guard by the surge in recreational use after the regulatory changes. Claiming this was not its intention, it has moved quickly to re-establish controls.
Authorities have warned that inappropriate use, including smoking weed in public, will be prosecuted under public nuisance and health laws, though “inappropriate” is vaguely defined, with the government implying it might refer to any recreational use. Selling and consumption by minors and pregnant women are also illegal.
Furthermore, while growing marijuana is allowed, cultivators need to register with the Thai FDA. Within two days of decriminalization, the agency announced 32 million visits to its Plookganja (grow ganja) website and mobile application, and nearly 600,000 Thais registered to grow cannabis and hemp.
Why is the new legislation so confusing?
It seems that the Thai government liberalized marijuana without thinking through all the implications or putting a new regulatory/policy framework in place.
The cannabis and hemp bill, planned before marijuana was legalized, is now moving slowly through Thailand's notoriously tedious lawmaking process. When passed, the law will likely reaffirm/reimpose restrictions on the use of cannabis, potentially even re-criminalizing all forms of recreational use.
What if you're a foreigner looking to visit Thailand soon — can you legally buy weed?
For the moment, yes. But since the regulatory framework is in flux, purchasing cannabis is risky. Anutin has warned foreigners not to come to Thailand for ganja tourism, possibly as part of his broader push for “higher quality” tourists.
Do you think neighboring countries will follow Thailand’s lead?
Unlikely, given very strict rules and penalties on drug consumption in most of the region, although Indonesia has started the conversation on legalizing medical marijuana.
Governments in China and Singapore have reminded their citizens and residents that the harsh penalties in place for drug use in those countries also apply to consumption overseas. Other governments in Asia may issue similar warnings. . Tourists going to Thailand will need to be extra careful as drinks and food containing marijuana can be bought from convenience stores and may not be clearly labeled.
Similarly, the Thai government has warned its own nationals that they risk landing in serious trouble if they travel to other Asian countries soon after consuming cannabis at home, as the drug could still be detectable.What We’re Watching: Burkina Faso coup, China’s “pure” internet, Thailand decriminalizes weed
Another coup in volatile West Africa. Monday’s military coup in Burkina Faso is the fourth armed takeover of a West African government in just 17 months. As in neighboring countries like Mali — which has had not one but two coups since 2020 — it will be hard for outsiders, like the African Union and the regional group ECOWAS to reverse this assault on an elected government. Why? For one thing, al-Qaeda and Islamic State-affiliated militant groups are winning battles with soldiers and killing civilians in barely governed parts of Burkina Faso. For another, more than 1.5 million of the country’s 21 million people have been forced from their homes since 2018. Street protests in major cities and mutinies in military bases have made clear in recent months just how unsustainable Burkina Faso’s security situation has become. Events in Mali, Niger, and Guinea have followed a worryingly similar pattern, and the Ivory Coast and Benin also face growing jihadist threats. We’ll be watching to see whether Burkina Faso’s junta has more success than the government it ousted in beating back jihadist attacks and restoring security to the country — and what happens if it doesn’t.
China's internet "purification" campaign. Xi Jinping doesn't like big celebrities — other than his famous singer wife — because they often show off their expensive lifestyles online, encouraging Chinese youth to worship money instead of the ruling Communist Party. That's why ahead of next week's Lunar New Year, the government plans to take down celebrity fan groups and censor influencers whom Xi regards as "unpatriotic." What's more, minors will no longer be allowed to become online influencers. The campaign is part of Xi's broader "common prosperity" vision to combat rising wealth inequality in China, which has prompted a surge of charitable giving by tycoons, especially tech billionaires. It has also canceled celebrities who flaunted their wealth or embarrassed the CCP by doing things like visiting a Tokyo shrine that holds the remains of World War II criminals, acquiring foreign citizenship, or using a surrogate to have a baby born in the US. Keep all of this in mind if you're an aspiring influencer in China.
Thai stoners rejoice. On Tuesday, Thailand became the first Asian country to decriminalize cannabis by dropping it from its list of banned substances. This is a very big deal for a country known for some of the world’s toughest anti-drug laws, including the death penalty for anyone caught with even small amounts of certain narcotics. Still, a tangle of laws related to cannabis leaves unclear whether recreational use and possession will be prosecuted. For now, the percentage of THC — the psychoactive compound in cannabis that makes you high — must be under 0.2 percent. In recent years, Thailand has relaxed its policy on so-called soft drugs, first legalizing medical marijuana and later kratom, a popular plant-based mild stimulant and painkiller. But the country still has a big problem with addiction to hard drugs — especially yaba (crazy pill), a highly addictive combination of methamphetamine and caffeine sourced from the lawless border areas of neighboring Myanmar.The global trend towards legalizing marijuana
The world was recently shocked when US sprinter Sha'Carri Richardson was disqualified from Tokyo 2020 after testing positive for marihuana, a banned yet non performance-enhancing substance. That's because global public opinion on pot is shifting: cannabis is now legal in more than 40 countries and almost three-quarters of US states — red ones too. And although everyone is cashing in on the green gold these days, high profits are not the only factor driving legalization. Mexico may soon become the world's largest cannabis market in part to blunt the power of drug cartels, while the famously square World Bank is now best buds with Malawi for growing the world's finest sativa. Delve into the weeds of legalization on GZERO World.
Watch the episode: The (political) power of alcohol
What We’re Watching: Hong Kong a year later, Brazilian troops in the Amazon, Mexico’s marijuana moves
RIP Hong Kong as we knew it: Exactly a year ago on Wednesday, China imposed a draconian new national security law on Hong Kong. The measure gives Chinese authorities broad leeway to punish political dissent. It came in response to a massive pro-democracy movement on the semi-autonomous island that was touched off by Beijing's attempt to subject Hong Kongers to the jurisdiction of courts in mainland China, where the judicial system is more politicized. Since the new security law went into effect last summer, almost all vestiges of Hong Kong's once-vibrant civil society and relative political openness have been snuffed out. Opposition leaders have been jailed, pro-democracy lawmakers sidelined, and the free press largely shuttered. Meanwhile the US has revoked preferential trade and investment ties with Hong Kong, a number of European countries have cut extradition agreements, and most (but not all) countries around the world have condemned China's policy. And yet, from the perspective of Chinese President Xi Jinping, this is all arguably a win. He has suppressed one of the biggest popular challenges to China's authority in recent years, and made real the idea that there is only one system of government in China: his.
Brazil sends troops to the Amazon: Brazilian President Jair Bolsonaro has sent soldiers to the Amazon in order to stop illegal deforestation. This is the third time that Bolsonaro, whose enthusiasm for economic development of the rainforest has contributed to a surge in deforestation since he came to power in 2018, has sent soldiers to enforce environmental laws there. But conservationists and climate activists say that these missions have been poorly equipped and ineffective, providing the appearance of action without really reining in deforestation. As climate change returns to the international policy agenda, Bolsonaro has come under intense international pressure in recent months to do more to protect the Amazon, which is one of the world's most effective "carbon sinks" — a resource that removes greenhouse gasses from the atmosphere. Bolsonaro has bristled at what he and his supporters see as high-handed international meddling in Brazil's domestic affairs.
Mexico to legalize weed: The Brazilians may be trying to stop the burning, but Mexico is gearing up for some smoking. The country's Supreme Court on Monday struck down laws that criminalize the recreational use and cultivation of cannabis. It's a big step towards full legalization, which could make Mexico the world's largest legal cannabis market. Supporters say that would create jobs and, at the margin, undercut the power of drug cartels. But there are still legal hurdles, the most important of which is a legalization bill that was passed by the House but languishes in the Senate. That's in part because polls show nearly 60 percent of Mexicans oppose legalization. And with the cartels focused on more lucrative harder drugs like cocaine and opioids now, legalizing weed isn't likely to hurt them much. Even some pro-legalization activists say the bill doesn't do enough to create security and economic opportunity for farmers who could profit from growing cannabis. Will the Supreme Court ruling spark some fresh momentum in the Mexican Congress?