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Dave The Dude
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CRIMINAL LAW IN THAILAND Part 61: Drugs _ more on the consequences
Last week, we began a discussion of the penalties for possession and disposal of substances in Category I of the Narcotics Act, such as heroin, methamphetamine, ecstasy and LSD. We discussed possession and disposal of small amounts of these drugs. What if you're arrested with greater quantities?
First, with the quantities of Category I drugs discussed below, if you're arrested with them you're presumed to be disposing of them.
In other words, Thai law presumes that what you're doing with these quantities of Category I drugs is selling, trading or giving them to others.
Here are the cut-off points:
- For LSD, it's .75mg or more of the pure substance, or if the drug is cut for sale, 15 or more doses or 300mg or more of the cut substance.
- For amphetamines, like methampheta-mine, it's 375mg or more of the pure substance, or if it's cut for sale, 50 or more doses or 1.5g of the cut substance.
- For all other drugs in Category I except those mentioned above, such as heroin, three grams or more of the pure sub-stance.
If you're arrested with drugs in Category I in the quantities mentioned above up to and including 20g of the pure substance of any of them, you're exposed to penalties of from four years to life and a fine of 400,000 to five million baht.
If you're arrested with more than 20g of any of the pure substances mentioned above, you're exposed to life imprisonment, a fine of one to five million baht or the death penalty.
Thailand does occasionally execute drug offenders.
Between 1979 and 2009, 83 three narcotics offenders received the death sentence. Of these, 28 were executed. We will cover the death penalty at a later date.
There are several limits on the death penalty imposed by law.
For example, the death penalty may not be imposed on an offender less than 18 years of age, or who is pregnant or who may be insane. Also, a judge has wide discretion concerning the death penalty and may impose a lighter sentence if the circumstances warrant.
Let's look at an example. Say you're a heroin addict and have plenty of money so you can buy all you want. But you would never dream of selling or giving it to others.
You're arrested with 30g. What would the penalty be?
Regardless of the fact that you would never dispose of the drug, the quantity in your possession gives rise to a presumption that you are disposing of it that cannot be rebutted by offering contrary evidence.
Thus you couldn't bring in witnesses, for example, who will testify that you never sold the drug.
Because you've been arrested with 20g or more of the pure substance, you are exposed to the highest penalty _ life, or a fine of from one to five million baht or the death penalty.
As alluded to earlier, it is unlikely that a judge would impose the death penalty in a case like this. The judicial system has internal guidelines for the imposition of penalties and these are not made public. In practice, the death penalty is imposed only on the most egregious drug crimes.
How about if you're caught bringing Category I drugs in or out of Thailand? For example, what if you're picked up by customs at the airport bringing in heroin?
Section 65 of the Act applies to those who produce, import or export Category I drugs. Here are the penalties to which you'd be exposed:
- The minimum penalty is imprisonment for up to life and a fine of one to five million baht.
- If the quantities are equal to or more than the cut-off amounts in the bullet points above, disposal is presumed and you would be exposed to the death penalty.
- For packaging, repackaging or combine-packaging in quantities less than the cut-off quantities mentioned above, your penalty would be a fine of up to 300,000 baht or a jail term of from four to 15 years, or both.
- For packaging, repackaging or combine-packaging in quantities equal to or more than the cut-off quantities mentioned above, in other words for disposal, your penalty would be a fine of up to five million baht or a jail term of from four years to life.
Next time we'll talk about penalties for drugs in Category V _ like marijuana.
- Published: 18/09/2011 at 12:00 AM
- Newspaper section: Spectrum
Last week, we began a discussion of the penalties for possession and disposal of substances in Category I of the Narcotics Act, such as heroin, methamphetamine, ecstasy and LSD. We discussed possession and disposal of small amounts of these drugs. What if you're arrested with greater quantities?
First, with the quantities of Category I drugs discussed below, if you're arrested with them you're presumed to be disposing of them.
In other words, Thai law presumes that what you're doing with these quantities of Category I drugs is selling, trading or giving them to others.
Here are the cut-off points:
- For LSD, it's .75mg or more of the pure substance, or if the drug is cut for sale, 15 or more doses or 300mg or more of the cut substance.
- For amphetamines, like methampheta-mine, it's 375mg or more of the pure substance, or if it's cut for sale, 50 or more doses or 1.5g of the cut substance.
- For all other drugs in Category I except those mentioned above, such as heroin, three grams or more of the pure sub-stance.
If you're arrested with drugs in Category I in the quantities mentioned above up to and including 20g of the pure substance of any of them, you're exposed to penalties of from four years to life and a fine of 400,000 to five million baht.
If you're arrested with more than 20g of any of the pure substances mentioned above, you're exposed to life imprisonment, a fine of one to five million baht or the death penalty.
Thailand does occasionally execute drug offenders.
Between 1979 and 2009, 83 three narcotics offenders received the death sentence. Of these, 28 were executed. We will cover the death penalty at a later date.
There are several limits on the death penalty imposed by law.
For example, the death penalty may not be imposed on an offender less than 18 years of age, or who is pregnant or who may be insane. Also, a judge has wide discretion concerning the death penalty and may impose a lighter sentence if the circumstances warrant.
Let's look at an example. Say you're a heroin addict and have plenty of money so you can buy all you want. But you would never dream of selling or giving it to others.
You're arrested with 30g. What would the penalty be?
Regardless of the fact that you would never dispose of the drug, the quantity in your possession gives rise to a presumption that you are disposing of it that cannot be rebutted by offering contrary evidence.
Thus you couldn't bring in witnesses, for example, who will testify that you never sold the drug.
Because you've been arrested with 20g or more of the pure substance, you are exposed to the highest penalty _ life, or a fine of from one to five million baht or the death penalty.
As alluded to earlier, it is unlikely that a judge would impose the death penalty in a case like this. The judicial system has internal guidelines for the imposition of penalties and these are not made public. In practice, the death penalty is imposed only on the most egregious drug crimes.
How about if you're caught bringing Category I drugs in or out of Thailand? For example, what if you're picked up by customs at the airport bringing in heroin?
Section 65 of the Act applies to those who produce, import or export Category I drugs. Here are the penalties to which you'd be exposed:
- The minimum penalty is imprisonment for up to life and a fine of one to five million baht.
- If the quantities are equal to or more than the cut-off amounts in the bullet points above, disposal is presumed and you would be exposed to the death penalty.
- For packaging, repackaging or combine-packaging in quantities less than the cut-off quantities mentioned above, your penalty would be a fine of up to 300,000 baht or a jail term of from four to 15 years, or both.
- For packaging, repackaging or combine-packaging in quantities equal to or more than the cut-off quantities mentioned above, in other words for disposal, your penalty would be a fine of up to five million baht or a jail term of from four years to life.
Next time we'll talk about penalties for drugs in Category V _ like marijuana.