Status as of October 2026; the 31 December 2026 extract-licence deadline should be re-checked after that date.
Two instruments took effect within days of each other and they do very different things. One closed high-THC extracts to foreign-controlled companies entirely and set an end-of-2026 cut-off for licences issued under the earlier rules. The other rewrote the eligibility criteria for anyone selling, exporting or processing cannabis flower. If you hold a licence to sell, export or process flower, or any licence for extracts above 0.2% THC, one of these applies to you and possibly both.
This is general information, not legal advice. Regulatory summaries, including this one, are secondary sources. Before making any commercial decision, verify against the Thai-language Royal Gazette text and take advice from a qualified Thai lawyer. Where sources disagree on a date or a figure, we say so below rather than picking one.
1. The Two-Track Structure You Have to Hold in Your Head
Thai cannabis law does not treat the plant as one thing. It runs two parallel regimes, under two different statutes, with two different eligibility rules, and most confusion in this area comes from applying one track’s rules to the other.
| Flower | Extracts above 0.2% THC | |
|---|---|---|
| Legal character | Controlled herb | Category 5 narcotic |
| Parent statute | Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 | Narcotics Code B.E. 2564 |
| Current governing instruments | Notification of the Ministry of Public Health Re: Controlled Herbs (Cannabis) B.E. 2568, plus Ministerial Regulation (No. 2) B.E. 2569 on licences | Ministerial Regulation on cannabis/hemp extracts B.E. 2569 |
| Foreign ownership | Applicant eligibility rules apply — verify nationality/juristic-person requirements with counsel | Expressly barred |
| Supply to patients | Prescription on form PT 33, maximum 30 days, single use (no refills) | Only for the purposes the regulation permits (including medical use), by holders of a Category 5 licence under the Narcotics Code B.E. 2564 — confirm the dispensing route with counsel |
Both tracks were tightened in April 2026.
2. Regulation One — Extracts
Ministerial Regulation on Licensing for the Production, Importation, Exportation, Sale or Possession of Category 5 Narcotics Specifically Cannabis or Hemp Extracts B.E. 2569 (2026)
- Published in the Royal Gazette: 26 March 2026
- Effective: 26 April 2026
- Source: Mahanakorn Partners briefing, via Cannabis Law Report (13 July 2026); confirm against the Gazette text.
Who may hold a licence. Three categories only: Thai juristic persons that are not considered “foreign” under the Foreign Business Act B.E. 2542 (1999); government agencies; and the Thai Red Cross Society.
What is licensed. Production, importation, exportation, sale and possession of cannabis and hemp extracts exceeding 0.2% THC.
For what purposes. Four, and only four: government narcotics control, medical use, medical or scientific research, and industrial use.
The transition cut-off. Licences issued under the prior regulations remain valid only until 31 December 2026. If you hold one, plan the transition to the new eligibility test now. After that date, check what transitional guidance, if any, has been issued.
What “not foreign under the Foreign Business Act” means
The Foreign Business Act B.E. 2542 defines foreignness by ownership rather than by management or by where the money came from. Broadly, a Thai-registered company in which foreign shareholding reaches the statutory threshold is treated as “foreign” for the Act’s purposes. Applying that test to a specific shareholding structure is a legal question with real consequences, and it is the question to put to Thai counsel before anything else.
Two things are worth stating plainly. First, this is the structural constraint on foreign-linked businesses in the Thai cannabis extract sector; it is not a procedural hurdle that a better application overcomes. Second, nominee shareholding arrangements designed to defeat the FBA test are themselves unlawful under that Act, and a licence obtained on that basis is a liability rather than an asset. Anyone offered such a structure should treat the offer as a warning sign.
3. Regulation Two — Flower
Ministerial Regulation on the Permission for Study, Research, or Export of Controlled Herbs, or Sale, or Processing of Controlled Herbs for Commercial Purposes (No. 2) B.E. 2569
- In force: 30 April 2026
- Source: Mahanakorn Partners briefing, via Cannabis Law Report (13 July 2026); verify against the Gazette text if a date is load-bearing for you.
This regulation does not create new licence types. It tightens the eligibility criteria for existing cannabis-flower licences: export, sale, and processing for commercial purposes.
The four cumulative criteria
An applicant must satisfy all four.
1. Premises. Ownership or possessory rights in the licensed premises, or written consent from the owner.
2. Storage. Dedicated storage space equipped to maintain flower quality, with flower stored separately, unmixed, and elevated off the floor.
3. Qualifying status. At least one of: a hospital operating licence; an herbal product manufacturing or sales licence; a pharmaceutical drug licence; a Category 5 narcotics licence for cannabis or hemp extracts; folk healer certification; or a cultivation site supplying licensed buyers.
4. Trained staff. At least one staff member who has completed Department of Thai Traditional and Alternative Medicine training must be present during all operating hours, not merely on the payroll.
Operating conditions and renewal
An effective odour and smoke elimination system must be installed. Existing licences remain valid to their original expiry dates, but renewal is reassessed against all four criteria. A previous suspension for breaching Ministry of Public Health notifications is reported as barring renewal. At least one law-firm summary says only that such a suspension “may affect renewal prospects”, so check the Gazette text.
Criterion 3 is the one that reshapes the market. It ties a flower licence to an existing regulated healthcare or cultivation status, and a retail operation with no such anchor does not qualify. In effect, shops from the 2022–2025 period must convert or close; they are not being banned outright.
4. Where This Sits Relative to the 2568 Notification
Neither regulation replaced the Notification of the Ministry of Public Health Re: Controlled Herbs (Cannabis) B.E. 2568, in force from 26 June 2025, which still governs supply: PT 33 prescriptions, GACP-sourced flower, and no online sale or advertising. The April 2026 regulations sit on top of it and control who may hold the licence, not how the product reaches the patient. For the Notification in full, see the 2022–2026 law map (topic 1330); for the dispensary licence itself, see topic 1291; for prescription enforcement, see the article on the June 2026 PT 33 crackdown.
5. The Enforcement Climate
Regulatory change without enforcement is a paper exercise. This one is not. The Ministry of Public Health gave these cumulative figures for October 2025 to early August 2026 (reported after a ministry meeting on 3 August 2026; ASEAN NOW report):
| Action (October 2025 – early August 2026) | Figure |
|---|---|
| Cannabis shops inspected | 1,326 |
| Operating licences suspended | 84 |
| Licences revoked | 4 |
| Product seized (value) | more than 109 million baht |
| Seizures conducted | 83 |
| Individuals or businesses facing legal action | 40 |
| Appeals against suspension or revocation reviewed | 39 |
These are cumulative counts at a fixed date and will be out of date quickly. For the 30-day, 90-day and revocation tiers that licence holders face, see the full penalty map (topic 1295).
6. Penalties: Two Figures, Two Offences
Two penalty figures circulate. They belong to two different offences under two different Acts; they are not competing readings of one offence:
| Business-side offence | Consumer-side offence | |
|---|---|---|
| Conduct | Selling flower without a prescription or licence | Smoke or smell nuisance (how cannabis smoke was classed in 2022) |
| Statute | Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (controlled-herb regime) | Public Health Act B.E. 2535 |
| Penalty | Up to 1 year’s imprisonment or a fine of up to 20,000 THB, plus licence suspension or closure (Tilleke & Gibbins, September 2025) | Up to 3 months’ imprisonment and/or a fine of up to 25,000 THB (police statement reported by BenarNews, June 2022) |
| Does a valid PT 33 exempt you? | — | No; a prescription does not exempt you from nuisance law |
For a licence holder, the fine is the smaller risk: a suspension now also puts renewal in doubt (Section 3). These figures come from law-firm briefings and press reports and have not been checked against the Thai-language Royal Gazette. The Cannabis Control Act is still a DRAFT (Cabinet approved 22 September 2026, sent to the House), and if enacted it is expected to change these penalties.
7. A Practical Checklist
| Question | Where it is answered |
|---|---|
| Do we handle extracts above 0.2% THC? | If yes, Regulation One applies and the eligibility test is the FBA test |
| Is our shareholding “foreign” under the FBA? | Thai counsel, before anything else |
| When does our existing extract licence expire? | 31 December 2026 if issued under the prior regulations; re-check after that date |
| Do we sell, export or process flower? | Regulation Two applies: all four criteria, cumulatively |
| Which qualifying status under criterion 3 do we hold? | If none, this is the gap to close first |
| Is a DTAM-trained staff member present during all operating hours? | Rostering question, not a hiring question |
| Is our source GACP-certified, with seed-to-sale records? | Notification B.E. 2568 requirement, unchanged |
| Have we been suspended previously? | Reported as barring renewal; take advice early |
8. What Comes Next
None of the above is the primary legislation the sector has been waiting for. Cabinet approved the draft Cannabis Control Act on 22 September 2026 and sent it to the House of Representatives; it remains a DRAFT and is not law. The article on the draft Cannabis Control Act covers what it would change.
Until it passes, Thailand governs cannabis through ministerial instruments, and the two described above are the current ones. Plan against what is in force, not against what is still before Parliament.
If you have been through a licence application or renewal under either regulation since April, what did the officials actually ask for, how long did it take, and which criterion caused the delay? Have you dealt with a suspension notice or an appeal? Procedural detail from people who have done it is worth more to this community than any published summary, including this one.
This article is general information, not legal advice. Regulatory requirements change and secondary sources contain errors. Verify against the Royal Gazette and take qualified Thai legal advice before acting.