Hemp Cultivation in Thailand



Since 15 December 2020, following a notification of the Thai Ministry of Public Health, specific parts or extracts of cannabis and hemp are permitted to be used in specified quantities as additives. Since 29 January 2021, following a Ministerial Regulation, government agencies, private individuals and private juristic entities have been permitted to exploit hemp for the benefit of a government agency project, for commercial benefit, industrial benefit, or medical benefit. (LINK to our previous publication).

Applying for a license

To apply for a license to cultivate narcotics category 5 hemp, the applicant must possess the qualifications listed below. The applicant must also submit documents containing the following information to support the application. The application must be made on Hemp Form 1 and submitted to the Narcotics Control Division of the Office of the Thai FDA, if the cultivation is in Bangkok or the Provincial Public Health office if the cultivation area is located in other provinces.

  1. The applicant must be a Thai national at least 20 years of age, not insane or incompetent or deemed incompetent (if the applicant is a natural person) and be resident in Thailand.
  2. Licenses issued under the law governing narcotics or psychotropic substances which had been granted to the applicant must not have be suspended or revoked.
  3. The applicant must not have been adjudicated as bankrupt or be adjudicated as an offender by a final judgement of a court under the laws governing narcotics or psychotropic substances or laws governing the prevention of use of volatile substances or laws dealing with suppression measures in relation to narcotics offences.
  4. If an applicant is a juristic entity, it must be incorporated under Thai law, with a registered office in Thailand, having a representative possessing the qualifications listed in items 1)-3) above. At least two-thirds of its board members, partners or shareholders must be Thai nationals.
  5. An applicant can be a community enterprise formed by seven (7) members and registered under the Community Enterprise Act B.E. 2548 (2005) having the same qualifications as a natural person.
  6. The applicant must submit the following documents and information:
  1. Documents to evidence ownership over the place for cultivation or the right to occupy the place for cultivation, as well as details in relation to such place as required under the Thai FDA Notification and the application form (Hemp Form 1).
  2. Map showing the location, coordinates, and route to access the hemp cultivation area, size and explicit boundary of the cultivation area and surrounding area.
  3. Conditions of the cultivation place, i.e., indoor cultivation, outdoor cultivation, or greenhouse cultivation.
  4. Floor plan of the building or cultivation house and photos of the inside and outside of the cultivation house.
  5. Plans for cultivation and exploitation of hemp.
  6. Safety management measures and method to destroy parts of hemp remaining from the exploitation, including suitable storage places to avoid mixing with other matter.
  7. Identify who, once the license for cultivation of hemp has been obtained, will be assigned (in writing) by the applicant to access the hemp cultivation area, including a list of people who are responsible for controlling activities in the cultivation area, e.g., steps for planting, harvesting, transporting or destroying hemp.
  8. How other conditions for cultivation of hemp as set forth under the notification of the Narcotics Control Committee will be met, e.g. compliance with agricultural measures if the cultivation of hemp is for medial purpose or health products.


An applicant who obtains a license for cultivation of hemp must ensure that the hemp does not contain more than 1% of tetrahydrocannabinol (THC) examined at the point of the hemp inflorescence (The buds of the cannabis plant). The details required as listed above must be clearly indicated when submitting the application. Generally, the process for requesting for a license for cultivation of hemp may take around 120 – 135 days. If the cultivation area is in Bangkok, the applicant shall submit the application along with the prospectus to the Thai FDA. A sub-committee of the board of directors may propose recommendations or opinions (if any) and must obtain approval from the Thai FDA board of directors and the Secretary-General. If the cultivation area is outside Bangkok, the applicant shall submit an application along with a prospectus to the local public health office. The office will review the application and the cultivation area before submitting the application to the FDA. The provincial committee may propose recommendations and opinions (if any).


Within the first five years after the Ministerial Regulation becomes effective (29 January 2021 to 28 January 2026), the cultivation of hemp without using certified seeds is permissible if such hemp production is for i) government operations; ii) for commercial and industrial benefit; and iii) medical benefit. The license holder may also import hemp seeds that are uncertified for the purposes of education, analytics, research, seed development or medical purposes.

The applicants, who are permitted to cultivate hemp, shall also comply with the obligations set forth under the relevant Ministerial Regulations and Notifications. For instance:

i) arrange a signboard at the cultivation place specifying that such place is utilized a cultivation place together with the license number, name of the license holder and the expiration date of the license;

ii) arrange for analysis of the level of THC in the hemp, unless if using certified hemp seeds for cultivation for the benefit of a household. If the THC in question exceeds the permitted level, the applicants, who are permitted to cultivate hemp must notify the authority in the area where the hemp cultivation is permitted within seven (7) days from the date of knowing of such result and inform the authority of their intent in writing in order to either destroy such hemp containing an excess of THC or sell the inflorescence of such hemp to a license holder who is permitted to possess narcotics category 5 cannabis. In the latter case a license to sell narcotics category 5 hemp must also be applied for and obtained.

iii) prepare labels and information leaflets for the packaging of the hemp as set forth by the Narcotics Control Committee.

iv) arrange and prepare a place for cultivating the hemp in accordance with the relevant notifications, as well as meeting the obligation to only cultivate hemp within the permitted place; and

v) comply with the cultivation plan and the objectives as permitted. If more than ten (10) kilograms of narcotics category 5 hemp is cultivated it shall be presumed that the hemp is being
produced for sale. In this case it is necessary to apply for and obtain a license for the production and sale of the hemp as required under the Narcotics Act. Failure to obtain licenses for such activities may result in the offender being subject to a term of imprisonment of one (1) to fifteen (15) years and a fine of THB 100,000 to THB 1,500,000.

Extension of license:

An application to extend the license for cultivation of hemp must be submitted before its expiration date along with the relevant documents, e.g., current license, data, documents, or any other evidence as stipulated under the license extension form. In relation to the cultivation of cannabis, the only guidelines that are currently available are those which have been issued by the Narcotics Control Division of the FDA of the Ministry of Public Health. These detail the required conditions and application process. However, currently there are no regulations supporting these conditions and application process.

Further information:

• The Notification of Ministry of Public Health Re: Narcotics under Category 5 B.E.2563 (2020), issued under the Thai Narcotics Act B.E. 2522 (1976) (the “Narcotics Act”), effective on 15 December 2020, permits specific parts or extracts of cannabis and hemp in specified quantities to be used as additives.

• The Ministerial Regulation on Applying and Permission for Manufacturing, Importing, Exporting, Sales or Possession of Narcotics Category 5 [specifically on] Hemp, B.E. 2563 (A.D. 2020), issued by the Ministry of Public Health under the Thai Narcotics Act, effective on 29 January 2021 (the “Ministerial Regulation”), permits government agencies, private individuals and private juristic entities to exploit hemp for the benefit of a government agency project, for commercial benefit, industrial or medical benefit.

• The Notifications of the Office of Food and Drug Administration Re: Forms and Types of Licenses for Production, Sales, Possession, Import and Export of Narcotics Category 5 (Hemp) B.E. 2564 (2021) (the “Thai FDA Notification”), states the qualifications and documents required of applicants.

• The Notification of the Narcotics Control Committee Re: Determining Measures and Cultivation Control System of Hemp B.E. 2564 (2021) and the Notification of the Narcotics Control Committee Re: How to Deal with the Narcotics Category 5 Hemp Containing Unpermitted Quantity of THC, issued on 20 January 2021, effective on 29 January 2021 applies where the level of THC is too high.


If you require further information on the issues raise above, please contact the authors below.


22_Pranat PUN_2757
Pranat Laohapairoj
TEL+66-2-009-5000 Ext. 3324
Nirawan Profile1
Nirawan Parkpeeranun
TEL+66-2-009-5000 Ext. 3325
NOH Profile1
Noraseth Ohpanayikool
TEL +66-2-009-5000 Ext. 3325

Thanachart Osathanondh
TEL +66-2-009-5000 Ext. 3112


Chandler MHM Limited
36th Floor, Sathorn Square, Office Tower, 98 North Sathorn Road , Silom, Bangrak, Bangkok 10500 , Thailand.

Related Articles by Firm
New regulation on the prohibition of sales of alcoholic beverages online
In line with evolving trends in technology, certain entrepreneurs and retailers have started using online channels to sell alcoholic beverages, which makes it difficult to ensure the sale of such beverages is in accordance with existing laws ...
Nok Air Rehabilitation Proceedings – Updates for Creditors and Lessors
As the global travel industry continues to grapple with the effects of COVID-19, many companies are now beginning to seek protections under various insolvency regimes ...
Thai data privacy act exemptions
A cabinet resolution has approved a draft Royal Decree on temporary exemption of PDPA enforcement for some organisations and businesses.
Procurement of power from community-based power projects
These projects are intended to help generate and distribute income to local communities and promote their participation in local power projects.
Updated standards for e-meeting security
The Emergency Decree requires that electronic meetings follow the security protocols set forth under a notification from the Ministry of Information and Communication Technology.
Waste to energy projects in Thailand
A brief overview of the legal issues related to the development of a municipal solid waste to energy project.
Scrutinising CP Group’s acquisition of Tesco
The decision of Thailand’s competition authorities will set a precedent regarding merger control and provide clarity on market definitions.
PPP projects in Thailand’s EEC
Thailand will continue to aggressively move forward with legislation that streamlines implementation of important PPP projects. This legislative trend presents new opportunities for foreign and local investors alike, with a focus particularly in Thailand’s infrastructure sector ...
Community-based power projects in Thailand
A feed-in tariff scheme for power generated by community-based projects has been approved.
Thailand Plus incentives under BOI
The two new incentives encourage companies to move from overseas to Thailand.
Thailand’s OTCC issues first industry-specific conduct guidelines
Guidelines on the conduct between wholesale and retail business operators and their trade partners announced by the Office of Trade Competition Commission.
Amendment to the Consumer Protection Act 
The Act strengthens the law relating to the safety of products and services.
Personal Data Protection Act published in the Government Gazette
Business operators should ensure that their businesses comply with the PDPA.
Amendment to Thai Arbitration Act
The Amendment expands the ability of foreign arbitrators and representatives to act in arbitral proceedings.
Update on Stamp Duty regulating electronic transactions
A new notification requires parties who enter certain electronic transactions to pay stamp duty in cash.
Ministerial Regulation removing back office services from the Foreign Business Operations Act announced
Certain back office service businesses will no longer require a foreign business licence.
Developments in Thai M&A
Corrupt practices, environmental breaches and merger filing are becoming more significant priorities for clients ...
Thailand: Projects and Energy
Commentary on the latest developments in the Thai projects and energy sector ...
Secondary laws under the Trade Competition Act BE 2560
The enactment of these five Notifications represents a significant leap of progress.
Thailand Update: Amendment to Work Permit Law
In response to criticism, the government decided to amend the Emergency Decree on Managing of Foreigners with relaxed penalties ...
Leasing of residential buildings − A contract-controlled business
The Contract Committee of The Consumer Protection Board recently announced a new Notification which designates the lease of residential property as a “contract-controlled business”.
New Mining Regulations for Thailand
On 30th January 2018, the Ministry of Industry issued a new notification regarding prohibited actions for foreigners ...
Mergers and acquisitions in Thailand
A number of factors are making Thailand a target of choice for international and regional investment ...
Thailand Anti-Corruption Update
National Anti-Corruption Commission Guidelines to Supplement Section 123/5 of the Organic Act on Counter Corruption ...
Amendment to the Thai Civil and Commercial Code
Part IX: Combination of Limited Companies ...
Thailand: Amendment to the Public Company Act
The National Council for Peace and Order has considered the lack of clarity on conditions, procedures and time limitations related to the laws governing business operations ...
Thailand: The Act on the Amendment to the Civil Procedure Code (No. 30) B.E. 2560 (2017)
There are a number of amendments to the current Civil Procedure Code (CPC) as part of its legal execution ...
Projects & Energy Special Report: Thailand: New Minerals Act
A new Minerals Act (BE 2560 (2017) was published on March 2, 2017 and took effect on August 30, 2017 (180 days after the publication date) ...
Thailand: ERC Announcement - Purchase of Electricity From Hybrid-Renewable Energy Small Power Producers
The Energy Regulatory Commission (ERC) issued an invitation to bid for the sale of electricity from Hybrid-Renewable Energy Small Power Producers (SPP) on 4 August 2017 ...
Thailand: New Amendment to the Labor Law
The Labor Protection Act B.E. 2541 (“LPA”) was first enacted in February 1998; the LPA has been amended several times ...
Thailand: Extension of the Reduced VAT Rate
Value added tax (VAT) is an indirect, non-cumulative, consumption tax levied on the supply of goods or provision of services in Thailand ...
Thailand: Ten year visa extension
Due to the rapidly increasing number of foreign senior-citizens seeking Thailand as a retirement destination, Thailand’s Cabinet recently approved the ten-year retirement visa extension ...
Thailand: The New Trade Competition Act
On 24 March 2017, the National Legislative Assembly (the “NLA”) in Thailand passed the final reading of the draft Trade Competition Act ...
Thailand: Amendment to BOI Act to create new BOI benefits
The Thai government has recently been promoting “Thailand 4.0”, which refers to creative and innovative industries ... as a master plan to pull Thailand out of the middle-income trap and toward becoming a high-income country ...
Energising Thailand’s M&A sector
With a focus on the energy and natural resources sector, Chandler & Thong-ek Partner Ratana Poonsombudlert answers our questions on Thailand’s M&A present and future
Related Articles
IHC Magazine: April 2024 issue featuring Firms of the Year 2023 Results
As we round off the first quarter of this year, we are proud to showcase our IHC Firms of the Year for 2023. These firms have been selected by our IHC community in recognition of their invaluable contribution to their clients’ ...
Related Articles by Jurisdiction
APAC Employment Update
Employment updates from China, India, Japan, Thailand and Mongolia ...
Latest Articles