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Thailand’s Country Progress Report of Drug Control
Drug situation
In 2010, Methamphetamine remained ranked
highest on record of the national drug smuggling and
epidemic. Besides, the other kind of drugs that should be
spotted was Ice whose epidemic has been rising lately.
Both kinds of drugs were smuggled via northern borders
through Chiang Rai and Chiang Mai Provinces. In
addition, opium poppy fields in Thailand have reduced
constantly since 1984 from 8,777 hectares to 211
hectares up to now. This stemed from harsh efforts of the
Office of the Narcotics Control Board (ONCB) together
with competent authorities concerned to carry out opium
poppy eradication operations with the aid of Remote
Sensing and Geographic Information System (GIS)
technologies offering the most accurate and reliable
reference to opium poppy cultivation survey.
Thai authorities could seize methamphetamine
approximately 50 million tablets this year. Among the
number, around 40 million tablets were seized and
categorised as major cases with impounded exhibits of
more than 10,000 tablets whereas the rest cases with
impounded exhibits of less than 10,000 tablets were
grouped as minor cases. Looking at the major cases, the
Created by nawaratl, Foreign Affairs Bureau, the ONCB
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seizures of the exhibits of more than 100,000 tablets
were
86
cases
with
19,245,486
tablets
of
methamphetamine. Additionally, the seizures of the
exhibits of more than a million tablets were 7 cases with
11,819,772 tablets of methamphetamine. Other seizures
out of those cases were cases with the exhibits of 10,000100,000 tablets.
To sum up, the 2010 national statistics of total
seizures of drug cases were 163,909 cases, increasing
from last year 5.7 percent. 908 cases out of the said
number were unknown-offender-cases. Moreover, there
were 177,523 seized drug offenders, stepping up from last
year
5.6
percent.
Seizures
of
drugs
like
methamphetamine, Ice, cocaine, ketamine and dried
cannabis increased only heroin, and ecstasy dropped
down.
Weight of Seized Drugs (Kgs.)
Year
No. of
No. of
Cases
Offenders
Heroin
Metham-
Ice
Ecstacy Cocaine Ketamine
phetamine
Dried
Cannabis
2000 222,614
238,380
384.18
7,569.29
0.35
18.05
4.00
38.53
9,743.74
2001 207,447
220,525
473.60
8,448.89
0.01
17.02
4.92
95.41
10,921.1
2002 213,175
224,779
635.98
8,631.76
8.16
37.96
16.24
29.45
12,512.4
2003 102,333
108,309
437.45
6,438.32
48.85
33.25
10.82
98.11
13,772.7
2004
55,472
60,772
820.17
2,805.29
47.34
31.25
12.32
164.92
9,907.30
2005
67,131
73,684
954.57
1,598.29
322.64
8.64
6.78
47.49
13,289.1
2006
74,403
81,937
91.66
1,213.40
93.74
6.73
36.36
21.88
11,865.6
2007
97,573
106,617
293.37
1,291.24
47.44
28.39
18.72
2.97
15,384.0
2008 134,843
146,170
199.82
1,976.00
52.27
11.61
11.52
16.20
18,805.5
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2009 155,013
168,083
143.01
2,417.29
210.59
14.79
9.21
19.96
17,534.9
2010 163,909
177,523
141.71
4,644.00
692.63
3.99
30.81
165.42
17,820.3
**Tabulated by the ONCB on March 2011
National Drug Control Policy
Thailand has always put drug control policy on the
top of her agenda, ranging from the renowned War on
Drugs Policy in 2003 to the current intensifying efforts of
Prime Minister Abhisit Vejjajiva’s Government. Since his
first policy statement to the National Assembly on 29
December 2008, drug issue was placed as the country’s
urgent problem under Policy on Social Welfare and
Human Security item 3.5.7 stating, “ Intensify efforts in
solving the narcotic drug problem in a comprehensive and
systematic manner, from prevention to suppression to
rehabilitation of drug addicts, in tandem with improving
relevant legislation in accordance with the evolving
situation and ensuring strict enforcement of laws, and
enhance cooperation with neighboring countries and the
international community in addressing the narcotic drug
problem”. He then announced Five-Fences Strategy
implementing since 2009 onwards to take drastic
measures to crack down illicit drugs with tangible results
nationwide. Cooperation with neighboring countries and
international community in fighting against illicit drugs has
also enhanced enthusiastically to address drug problems.
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The mentioned Five-Fences Strategy focuses on
building immunity, creating activities and establishing a
working process in which entities concerned both public
and private sectors can cooperate closer and deeper while
measures are integrated to keep drug addicts, drug
dealers and risk groups away from drugs. At present, the
Strategy is in Phase Three which will end in this coming
September 2011. The five fences referred in the Strategy
were described as follows:
Border Fence is creating activities and a working
process in order to strengthen measures, prevent drug
smuggling into the country along the target border areas.
Community Fence is creating activities and a
working process according to all measures that facilitate
strengthening and building drug immunity in the target
villages/communities.
Social Fence is creating activities and a working
process such as implementing integrated social order,
eliminating all kinds of negative risk factor, enhancing
positive factors affecting the drug immunity building in
order to strengthen the societies of all provinces.
School Fence is creating activities and a working
process such as strengthening school and academic
institutions, and making new generation of youths to have
safeguard on drugs.
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Family Fence is creating activities and a working
process by strengthening family institution to be more
immune to drugs and be a good fundamental unit of
society.
Measures under each Fence have been and will
be implemented decisively but under the rule of law. What
is more, the Phase Three put emphasis on seven areas:
1) set right target areas to tackle the drug problem; 2)
continue implementing the Strategy; 3) set critical points of
each Fence; 4) solve the problem comprehensively; 5)
improve efficiency of the core measures to deal with drug
problem namely suppression, demand reduction, potential
demand
reduction
and
general
administration;
6)
implement criminal justice to decrease the number of
criminals; and 7) give precedence over implementation of
the Strategy.
Legal measures
Main drug control laws in Thailand can be
classified into five following categories:
1. Laws on controlling narcotic substances
- Narcotics Act B.E. 2522 (1979)
- Psychotropic Substances Act B.E.2518 (1975)
- Emergency Decree on Controlling the Use of
Volatile Substance B.E.2533 (1990)
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2. Laws on designating powers and duties to
competent authority
- Narcotics Control Act B.E.2519 (1976)
- Act on Measures for the Suppression of Offenders
in an Offence Relating to Narcotics B.E. 2534
(1991)
-
Act
on
Authorizing
Naval
Officers
for
the
Suppression of Some Offences Committed by Sea
(No. 4) B.E. 2534 (1991)
- Money Laundering Control Act B.E.2542 (1999)
3. Laws on special measures
-
Narcotic Addict Rehabilitation Act B.E. 2545
(2002)
- Act on Measures for the Suppression of Offenders
in an Offence Relating to Narcotics B.E. 2534
(1991)
- Money Laundering Control Act B.E.2542 (1999)
- Act on Procedure of Narcotic Case B.E. 2550
(2007)
- Taxation Law
4. Laws on controlling precursor and essential
chemicals for illicit drug production
- Commodities Control Act B.E. 2495 (1952)
- Hazardous Substances Act B.E. 2535 (1992)
- Narcotics Act B.E. 2522 (1979)
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- Psychotropic Substances Act B.E.2518 (1975)
- Emergency Decree on Controlling the Use of
Volatile Substance B.E.2533 (1990)
- Import and .Export Act B.E. 2522 (1979)
5. Laws on prosecuting drug offenders
- Extradition Act B.E. 2551 (2008)
- Act on Mutual Assistance in Criminal Matters
B.E.2535 (1992)
- Legislation Procedure for Cooperation Between
States in the Executive of Penal Sentences
B.E.2527 (1984)
- Witness Protection Act B.E.2546 (2003)
Throughout the year, the ONCB has coordinated
with other concerned agencies to amend or revise various
national drugs laws which are not up-to-date to the current
drug situation and smuggling movements. The laws that
are under the revision and legalised process are as
follows:
1. Draft Act on Narcotics Act (No. …) B.E. …...
2. Draft Act on Measures for the Suppression of
Offenders in an Offence Relating to Narcotics (No.
…) B.E. …...
3. Draft Act on Psychotropic Substances B.E. …...
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4. Draft
Ministerial
Regulation
on
Undercover
Operations to Investigate Offences under Narcotics
Laws B.E. …...
5. Draft
Ministerial
Regulation
on
Possession
or
Permission to Possess Narcotic Drugs to Investigate
Offences under Narcotics Laws B.E. …...
6. Draft Ministerial Regulation on Criteria that Inquiry
Officials must Submit Exhibits Claimed to be Narcotic
Drugs for Narcotic Analysis B.E. …...
Breakthrough
legal
measure
development
occurred this year as well when decriminalization has
introduced and implemented as one of the measures
under the Phase Three of Five-fence Strategy to reduce
harm from drug abuse in communities and societies. It
aims to offer drug addicts options to receive appropriate
treatment, diversifying them out of regular criminal justice
whilst decrease numbers of prisoners. Those options
include harm reduction, criminal justice diversion and
decriminalisation programmes.
Several activities and projects were carried out
throughout the year with two major objectives. The first
one was to improve criminal justice procedures for drugoffence cases by arranging seminars, workshops and
study visits domestically and abroad for competent
authorities, i.e. judges, prosecutors, police so that they got
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insight into drug analysis procedures, gain knowledge of
neighbouring countries’ trial proceedings and better
coordinate with one another. Apart from that, the ONCB
organised the Seminar Workshop on Legal Matters for
Drug Control Work for ACCORD Member Countries
between 7-9 June 2011 to exchange views and expertise
in asset forfeiture on drug cases, offences, penalties and
extradition among ASEAN member countries and P.R.
China. The other objective was to improve legal measures
through technical development by coordinating with
academic and legal entities in Thailand to study and
collect concerned data concerned to assess legislative
situation
of
the
country
particularly
in
drug
trial
proceedings.
Asset forfeiture
There are two major legislations applied for
forfeiture of property in Thailand. As a signatory to the
1988 UN Drug Convention, Thailand has firstly enacted
the Act on Measures for the Suppression of Offenders in
an Offence Relating to Narcotics B.E. 2534 (1991) as a
criminal forfeiture law allowing law enforcement agencies
to manage properties seized and forfeited in drug criminal
cases. The proceeds from the sale of forfeited assets are
used to further law enforcement initiatives to fight against
drugs and to distribute to the Narcotics Control Fund after
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the owner convicted of a crime. The other one is the
Anti Money Laundering Act B.E.2542 (1999) enacted in
1999 as a civil asset forfeiture law applying asset seizure
measure to seven predicate offences including the drug
offence. At present, after amended in 2001, this law could
be applied for one more predicate offence of terrorism. In
case that the said two laws could not be applied, personal
income tax examination would be imposed under the Thai
Revenue Code as an additional measure for prosecuting
drug criminal suspects committing tax evasion. All these
measures aim to cripple money influences of drug
traffickers.
In 2010, with the force of the Act on Measures for
the Suppression of Offenders in an Offence Relating to
Narcotics B.E. 2534 (1991), 1,792 alleged cases were
filed for financial examination. Total value of assets seized
was at 1,140.5 million baht. Up to present, the total value
of asset ordered by the court to be devolved to the
Narcotics Control Fund is 1,093.91 million baht, 680
million baht of which has been spent on narcotics control
work. The balance of the Fund at the end of 2010 was
413.91 million baht.
Drug demand and potential demand reduction
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Thailand’s policy on drug demand reduction
stresses on identifying drug addicts/users and providing
them
with
appropriate
treatment
and
rehabilitation
programs and integrating three existing systems of drug
treatment and rehabilitation including voluntary service,
compulsory service and correctional service or treatment
within the criminal justice system improving access to the
treatment and rehabilitation services and integrating three
drug as well as putting in place effective aftercare services
with
a
view
abusers/addicts.
to
reduce
the
numbers
of
drug
In this regard, authorities concerned
have to commit themselves to provide appropriate
treatments to drug abusers/addicts in parallel with
aftercare services to help them reintegrate into their own
communities and able to live on their normal life.
Moreover, to ensure that drug abusers/addicts get the
second chance, the number of campaigns for reestablishing a positive attitude of the general public
towards drug abusers/addicts successfully recovering from
drug addiction would be launched throughout the country.
Under the campaign business enterprises would also be
urged to allow employees who are addicts-in-treatment
sustaining
their
jobs
and
opportunities for ex-addicts.
to
provide
employment
Each year an outstanding
employer executing the ex-addicts employment policy
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would be nominated for receiving an award from the
Prime Minister on 26 June, the international day against
drug abuse and illicit trafficking.
As for the policy on potential demand reduction, it
emphasises on launching public awareness campaigns
against illegal drugs and building up public immunity
against drug abuse. Zero new drug abusers/addicts is an
ultimate goal of the policy. It is to ensure that the innocent,
high risk or vulnerable groups will not get involved with
narcotic drugs. The main targets are the youth in school
and dropouts. Therefore, cooperation from different levels
of the society like villages, communities, educational
institutions, and work places is needed to fight against
drugs.
A number of programs organised by relevant
agencies have been put in place, such as programmes on
family network, drug-free school, drug-free workplace,
anti-drug youth leaders, life skills learning, anti-drug
guidance facilitators, training for the anti-drug trainers and
recreational activities for the youth.
International cooperation
Thailand is signatory to the three United Nations
Conventions on Drug Controls namely Single Convention
on Narcotic Drugs, 1961, as amended by the 1972
Protocol, Convention on Psychotropic Substances, 1971
and United Nations Convention against Illicit Traffic in
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Narcotic Drugs and Psychotropic Substances, 1988.
Moreover, Thailand has actively cooperated with foreign
countries and international organisations on drug control
for more than thirty years leading to the development of
numerous mechanisms, both in bilateral and multilateral
forms, serving as the platform for addressing domestic,
regional, and international drug problem.
At the regional level, Thailand as one of the
ASEAN member countries is obliged to achieve drug free
ASEAN by 2015. This ASEAN goal is similar to what the
ASEAN Senior Officials Meeting on Drug Matters (ASOD)
had set to achieve and thus put out the “ASEAN Work
Plan on combating illicit drug production, trafficking and
use (2009-2015),” so-called the ASOD Work Plan. The
Work Plan was set to successfully and effectively control
illicit
drugs
activities
and
mitigate
its
negative
consequences to society. This includes significant and
sustainable reduction in three main areas: 1) illicit
manufacturing and trafficking of drugs and drug-related
crime;
2) the prevalence of illicit drug use; and 3) illicit
crop cultivation, which Thailand as well as the rest ASEAN
are working hard to comprehensively achieve.
Looking at international cooperation, Thailand
cooperated with ASEAN member countries and P.R.
China to operate numerous international suppression
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operations. This led to success of the arrests of West
African drug networking in Asia and could seize 6
kilogrammes of Ice in Indonesia, 1.5 kilogrammes of
Cocaine in India as well as 6 drug smugglers. On top of
that, information and intelligence exchange of drug
syndicates along borders have been mutually done with
Malaysia, Myanmar, Cambodia and Lao PDR.
In the precursor chemical control suppression
aspect, Thailand set up the Precursor Chemical Control
Committee in 1993 to formulate national strategy on
precursor control, supervise the precursor control and
implementation,
suppression
concerned.
and
made
integrate
by
the
precursor
stern
efforts
control
of
agencies
Currently, there are 5 laws to control the
chemical substances, including Narcotic Act B.E.2522
(1979), Psychotropic Substances Act B.E. 2518 (1975),
Import and Export Act B.E.2522 (1979), Hazardous
Substances Act B.E. 2535 (1992) and Commodities
Control Act B.E.2495 (1952).
Pre-Export Notification
(PEN) is also conducted to discourage diversion of
precursors
manufacture
and
essential
chemicals
of
narcotic
drugs
and
to
the
illicit
psychotropic
substances.
Unable to omit, as the ONCB was designated by
the ASOD Meeting as the ASEAN Narcotics Law
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Enforcement Training Centre, the ONCB with the
auspicious support of the Colombo Plan Drug Advisory
Programme (DAP) held the 7th Training Course on
Precursor and Chemical Control for Asian Narcotics Law
Enforcement Officers during 16-22 August 2010 in
Bangkok. The trainees were from Afghanistan, Brunei
Darussalam, Fiji, India, Indonesia, Iran, Lao PDR.,
Malaysia, Maldives, Myanmar, Nepal, Pakistan, Papua
New Guinea, Philippines, P.R. China, Singapore, Sri
Lanka and Vietnam. The training aimed to expand
knowledge on the current situation of illicit traffic of
precursors and chemicals in Southeast Asia, P.R. China
and India, investigation techniques and methods to
conduct precursor and chemical control operations, which
then
help
enhance
capabilities
of
narcotic
law
enforcement officers in addressing precursor chemicals
diversion in ASEAN countries.
……………………………………….
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