Cannabis Penalties in Thailand: Person vs Shop vs Clinic

Thailand’s cannabis penalties come from more than one statute, and the two most-quoted figures are not the same thing. The 25,000 THB figure is a public-smoking and public-nuisance fine under the Public Health Act B.E. 2535 (1992). The 20,000 THB figure, with up to one year of imprisonment, is the penalty for selling cannabis without a prescription under the Traditional Medicine Act B.E. 2542. Conflating them is the single most common error in guides to Thai cannabis law. This page keeps them separate and shows exactly which penalty applies to a person, a shop, and a clinic.

For the classification that underpins these penalties, see our controlled herb framework guide, and for the overall legal picture, our Thailand cannabis law hub.

The Two Figures You Must Not Confuse

These are two different offences under two different laws. A street fine for a public smell is not the same as the criminal exposure a shop faces for selling flower to someone without a PT 33 prescription. Read every other guide with this distinction in mind.

Penalties for an Individual

An individual mainly encounters two kinds of exposure.

• Public smoking / nuisance. Smoking cannabis in public in a way that creates a nuisance can be penalised with a fine of up to 25,000 THB and up to three months imprisonment under the Public Health Act B.E. 2535 (1992). This is the origin of the widely-quoted 25,000 THB figure.
• Possession or purchase without a valid prescription. Holding cannabis flower without a valid PT 33 prescription is a violation. Reported penalties include a fine and possible short imprisonment. The exact figure for mere possession, as distinct from the public-smoking fine, is one of the points that needs primary legal confirmation, so treat any single number for it with caution.

The reliable takeaway for a consumer: get a PT 33 before buying flower, and do not smoke in public where the smell affects others. Our guide for cannabis tourists covers the visitor’s position in detail.

Penalties for a Shop or Dispensary

A shop’s central risk is the sale-without-prescription penalty, plus a layer of administrative licence penalties that an individual never faces.

• Selling without a prescription, or operating in breach of the controlled-herb rules, carries up to one year of imprisonment and a fine of up to 20,000 THB under the Traditional Medicine Act B.E. 2542.
• Operating after licence expiry counts as unlicensed activity, with no grace period. Criminal and administrative penalties can follow, and where the Herbal Products Act B.E. 2562 applies, its own penalty provisions come into play.
• Licence suspension and revocation can be triggered by non-compliance with Ministry of Public Health operational rules. Under Ministerial Regulation No. 2 B.E. 2569, a licence that was previously suspended for non-compliance cannot be renewed.

For the licensing and operational obligations that keep a shop on the right side of these penalties, see our business and compliance guidance.

Penalties for a Clinic

A converted medical clinic carries the shop-level criminal exposure and its own facility-level obligations on top.

• The same criminal exposure as a shop, up to one year of imprisonment and a 20,000 THB fine, for prescription-less dispensing.
• Administrative penalties including licence suspension, business closure, and revocation for breaching the operational restrictions that apply to medical establishments, such as the requirement for a certified practitioner on-site during all operating hours and controlled storage and odour standards.

Because a clinic sits inside the medical framework, an operational breach can put both its criminal position and its licence at risk simultaneously.

A Note on the “And” vs “Or” Wording

Sources differ on whether the sale penalty is phrased as imprisonment “and” a fine or imprisonment “or” a fine. One major law firm phrases it as up to one year’s imprisonment or a 20,000 THB fine; another describes imprisonment and a 20,000 THB fine. The Thai text is authoritative. Until it is confirmed, read the penalty as “up to one year and/or up to 20,000 THB” and do not rely on either specific formulation in a legal filing.

Summary Matrix

Verification Note

The 20,000 THB / one-year sale penalty under the Traditional Medicine Act and the 25,000 THB public-smoking fine under the Public Health Act are both well attested, but two points need primary confirmation before you rely on them: the exact penalty for mere possession without a prescription as distinct from public smoking, and whether the sale penalty is “and” or “or” a fine. This page is general information, not legal advice. Confirm your specific position with a qualified Thai legal professional.