Alcohol, Drug & Tobacco Laws In Thailand: A User’s Guide.

 

Although I don’t do drugs or smoke any form of tobacco, I do drink alcohol, (mainly I like good beer and a little wine).

It was during my first visit to Thailand that I noticed a few odd things about buying alcohol. I couldn’t buy it from a store whenever I wanted to, but it didn’t seem to matter when I was in a restaurant or a pub.

 In Thailand, the alcohol, drug and tobacco laws are a little different than in the USA. So lets make sure you don’t get into any trouble while you dabble in your favorite vice (or vices) in Thailand.  

Thai Alcohol Law’s You Should Know.

Because Thailand is a Buddhist country, many laws related to alcohol stem from the Buddhist’s fifth precept: “Avoid all intoxicants”. This plays into some of the regulations seeking to limit the use of alcohol in Thailand.

The Legal Drinking Age in Thailand.

Although this law “Alcoholic Beverage control Act of 2008” changed the age from 18 to 20 years of age, it is likely not because of Buddhism’s fifth precept.

Lets face it, according to ProCon.org most countries (133 out of 190 to be exact) have a minimum drinking age of between 18 and 21. So, I would hardly say Thailand is any more conservative on this one.

This does not take into account that under age drinking in private is rarely enforced in Thailand. Unlike in the US, where a parent can be punished for giving alcohol to their own kids.

Where You Can and Can’t Drink Alcohol in Thailand.

You “can’t” drink here.

In general, drinking alcohol is illegal in public parks; Temples/places of worship; pharmacies; public offices; education institutions and gas stations. The reason I said “in general” is, the only exception to this is if you are attending some form of an authorized banquet in these locations.

The penalty for drinking alcohol at these locations without authorization is up to 6 months imprisonment and/or a fine up to 10,000 THB or $330.00.

In 2015, there were amendments to the Alcohol Control Act. These changes now prohibit the selling of alcoholic beverages from bars, clubs and retailers within a 300-meter radius of universities and technical colleges.

You “can” drink here.

Of course most of the normal places like restaurants, bars, clubs and in your home are all good to go. That being said, it is not that unusual to see people in many places drinking on the streets in public.

Keep in mind that it isn’t illegal in many places, but that doesn’t mean you should. Basically, look for restricted signs or ask a local shop or bar owner if it is accepted.

Also, many restaurants, bars and pubs in Thailand are open air type (no front and or side walls). And some restaurants in crowded cities set up on the sidewalk, so you are practically on the street anyway.

When Can You Drink Alcohol in Thailand?

Technically, you can drink alcohol any time you want in Thailand. It just depends on if you already have some at home. I don’t know how many times my wife and I went grocery shopping and forgot what time it was. Read on.

When Can You Buy Alcohol from Stores?

Alcohol sales sign at 7-11 in Thailand.

In Thailand, all stores are forbidden from selling alcohol from 2 pm to 5 pm and 12 midnight to 11 am. So basically, you need to buy your favorite beverages between 11 am and 2 pm or between 5 pm and midnight.

The reason that I hear for the 2 pm – 5 pm ban is that schools get out at this time and the government doesn’t want kids trying to purchase alcohol. Whether this is true or not, I am not really sure.

One thing for sure is it doesn’t make sense for workers getting off work at 3 or 4 pm. They will go to their local watering hole and drive home after because they can’t buy it at a store to take home. Hmmmm.

Some mom and pop shops throughout Thailand don’t always follow this law. So it is possible to get around these time restrictions. You just have to know where to go.

Maybe this is what the locals do? Hmmmm. See where I am going with this?

When Can You Drink Alcohol in Restaurants, Bars etc…

As a rule of thumb, pretty much any time they are open they will serve alcohol. Most bars and clubs are open until 12 am, 1 am or 2 am. Their closing time all depends on the venues entertainment, location and permits.

The exceptions to when you can drink are as follows.

There are five public holidays in Thailand that bars and clubs will close and restaurants and stores can not sell alcohol.

These dates are for 2020 and may change slightly yearly.

  1. Makha Bucha-February 10: This is a Buddhist holiday commemorating the full moon of the 3rd lunar month and the day Buddha told of his core teachings.
  2. Visakha Bucha Day-May 6: Commemorates the birth, enlightenment and death of Buddha.
  3. Asanha Bucha Day-July 6: Celebrates the first sermon Buddha gave to his five disciples.
  4. Wan Khao Phansa-July 7: Buddhist Lent.
  5. Wan Awk Phansa-October 1: The end of Buddhist Lent.

Elections and Alcohol.

The other reason Thailand will ban the sale of alcohol is for elections. These bans are usually for a period of 24 hours between 6 pm the night before and 6 pm the day of the election.

So basically, if you happen to be in Thailand during any of these holidays or during an election, stock up and relax at your lodging.

Or, if you want to learn a little Thai culture, join in with the locals and celebrate.

Insider tip: You can only bring one liter of alcohol in your bag in or out of Thailand without a permit. The fine is four times the value of the item plus tax and duty. You could also end up in prison for a maximum of ten years. 

Insider tip 2: In Thailand, it is illegal to advertise alcohol products. Be discreet about your alcohol selfies and posting them. Especially with the brands label showing. It could get you in trouble. 

If you like a good beer, read my article, “What Beer Is Available In Thailand”.

Thai Drug Laws You Need To Know! Really!

Generally, Thailand and it’s people are not in favor of illicit drugs. The drug laws are very strict and punishment is harsh. I recommend not doing any drugs outside of your prescriptions while you are in Thailand.

What Drugs are Illegal in Thailand?

Basically, if you don’t have a prescription for it, it is illegal. Cocaine, heroin, methamphetamine’s, LSD, ecstasy, mushrooms and marijuana, to name a few, are all illegal.

What are the Punishments for Breaking Drug Laws in Thailand?

Although it is illegal if you are a user, holder, seller or transporter of drugs in Thailand, the punishment for each of these categories is not the same.

Although you might hear that you will get life in prison or even the death penalty in Thailand if you are caught with any amount of illegal drugs. This is not really the case anymore.

According to the International Drug Policy Consortium‘s website, Thailand amended their drug laws on January 16th 2017 to reduce penalties and ensure more proportionate sentencing. The reform was largely driven by overcrowding prisons.

The IDPC’s article goes into great detail on the amended laws but I will break it down a bit.

The new amendments.

Under the old act, anyone in possession of drugs was automatically assumed to be intending to sell them. The new amendment removes this assumption by changing the word “regarded” as intending to sell, to “presumed” intending to sell.

This change allows officers to investigate the real intent of the accused and gives judges more discretion on penalties for the accused.

I don’t think typical tourists will be in the business of selling, exporting or producing drugs in Thailand. If for some reason you are or in a need to know, read IDPC’s article. So, For the purposes of this post, I will only post the information about possession of drugs.

Article 67 – penalties have been reduced for possession of drugs as follows.

Old Act: Anyone in possession of drugs under para 1 without permission and in a quantity that does not reach the quantity thresholds prescribed in Section 15 (3), shall be liable to imprisonment for a term of 4 years to 15 years, or to a fine of 20,000 to 200,000 baht or $670- $6,670, or to both.

Amendments: Anyone in possession of drugs under para 1 without permission shall be liable to imprisonment for a term of 1 year to 10 years, or to a fine of 20,000 – 200,000 THB or $670 – $6,670, or to both.

Still, this is pretty harsh, so just don’t bother. Is it really worth up to 10 years in a Thai prison? That would be quite the vacation.

Prescription Drug Laws in Thailand.

Drug store in Pattaya Thailand.

If you are on prescription medication and are going to Thailand, you need to check if they have any ingredients on the narcotics and psychotropics list. If so, you will need to contact the Thai FDA to see if they will grant you a permit.

Click Here for the website. If the site is down you can contact them directly by email at tnarcotics@fda.moph.go.th

If your prescriptions are not classified as controlled drugs, no narcotics or psychotropics, they will be classified as medication preparations according to the Drug Act B. E.

Under this classification you will be able to bring no more than 30 days of prescribed usage into Thailand.

Any prescription drugs bringing in or out of Thailand must be in the original packaging/bottles, be clearly labeled and be accompanied by the written prescription.

If you have any other concerns, you can contact the Director of the Bureau of Drug Control by email: vinit@fda.moph.go.th. Please also send a cc copy of that email to drug@fda.moph.go.th.

Tobacco Laws You Need To Know!

When Arriving in Thailand.

Travelers who have nothing to declare, ” meaning you do not have any items liable for duty and taxes and no prohibited or restricted goods” you will be in the green channel at customs.

If you will be bringing tobacco products to Thailand, you can not exceed 200 cigarettes or 250g of tobacco or 250g of all types combined.

Having more than this amount means you will be required to drop it in the box provided by customs or some form of prosecution will be carried out.

If you are under 20 years of age you are not allowed to bring tobacco products into Thailand, buy tobacco products or use tobacco products in Thailand.

Restricted Smoking in Thailand.

No smoking sign outside of a building in Thailand.

Public Places.

You will not be allowed to smoke in all indoor public places, indoor work places and public transport. As far as outdoors, smoking is not allowed in public parks, zoological parks, amusement parks, markets and playgrounds.

Smoking is also prohibited in all sports training, exercise and sports competitions of any kind.

Also, smoking is prohibited within a 5 meter perimeter of any entrances or exits of all public buildings.

The fines for smoking in any of these restricted areas is usually around 5,000 THB or $165.00.

In Private Homes.

As of August 20th 2019, smoking is now banned in homes. This law is intended to protect other members in the home from secondhand smoke. It is considered a form of domestic violence towards other people living under the same roof.

Beaches

As of February 1st 2018 , 24 beaches on the Andaman Sea side and the Gulf of Thailand have banned smoking. The trend continues as more and more beaches are banning smoking.

If you are at a beach you will need to look for no smoking signs and if you see one you will need to find a smoking zone.

The reason Thailand is banning smoking on beaches is because of the pollution it causes. So many people have been using the sand as an ashtray and it is just impossible to clean it all up.

If you are caught smoking on smoke free beaches you may be fined up to 100,000 THB or $3,320.00 and or up to one year in prison.

So Where Can You Smoke in Thailand?

Basically, to figure this out, you will just have to look for no smoking signs and designated smoking area signs.

Also, you will need to look for ashtrays on tables in restaurants, bars, clubs and outside public buildings like malls, office buildings and so forth.

If you are still not sure, ask a local or  someone in a business where it is okay to smoke. Just use a little common sense and you should be fine.

Chewing Tobacco in Thailand.

Chewing tobacco is rarely found in Thailand so you will need to bring your own. Remember, only 250 grams of tobacco products are aloud through customs.

E-cigarettes, Vaping. This Is A Tough One!

Although there aren’t any actual written laws in Thailand about these forms of smoking for personal use, they are banned and considered illegal.

According to the Tourism Authority of Thailand (TAT) it is illegal to sell the equipment and liquids in Thailand as well as bringing them in for personal use. This copy of my correspondence email with TAT states this fact.

Tourism Authority of Thailand response email.

Now, notice the last sentence of the response. They recommend contacting Customs for more information. So, I did. And I received no response by email and no one answered the phone. Customs is a very busy place in Thailand.

One of the main reasons I could find for the ban on selling, is because the government has not set up the taxes on those goods.

But, according to Sanook.com, the excise department says they will be taxing the devices and vaping liquids soon.

This may be leading to their legal use and sale in Thailand.

There have also been several online forums where people are saying there are signs at the airports stating that it is okay as long as everything is in your carry on bag. I would not trust the forums after the email I received.

Before you travel to Thailand, it might be wise to email the TAT asking if it is legal yet. If the law has changed in your favor, keep a copy of the return answered email with you while you are in Thailand. If an officer stops you, show them the email and hopefully that will settle the issue.

Here is the email address for TAT center@tat.or.th.

This is a link to the Q&A section of the TAT website where you can submit questions and get replies. Click Here

Here is a link to the Customs website. Click Here

You will need to translate these websites with chrome.

Where Can You Use Your E-cigarettes? 

If and when it becomes legal, the same rules will probably apply as other smoking. But I would be polite and ask if it is okay in each location you are in.

If a bar has a no e-cigs sign, then just move on to the next one and the same with any other establishment.

Where Can You Buy E-cigarette Products?

If you find that there are places that sell e-cigarettes and other forms of vaping equipment when you are in Thailand, don’t take the chance. Some of these establishments have been raided by the Thai military.

Conclusion?

While the laws about e-cigs seem to be all over the place in Thailand, take every precaution with this subject.

I do not condone breaking any laws and would not take the chance until the laws on e-cigs have been settled and reported on by the Thai Government.

Until then, pack some nicotine gum and patches to get you through.

Just sit back, relax, and enjoy your favorite spirits while you take in all Thailand has to offer.

 

Happy vices in Thailand!