Hemp or another name called Hemp (Hemp) and cannabis are plants in the same family, like siblings, but there will be physical differences and the amount of important substances. Hemp or Hemp (Hemp) is a plant with the scientific name Cannabis sativa L.subsp. sativa. There is an amount of tetrahydrocannabinol or what we call THC (a substance that affects the mind and nerves that causes intoxication) not exceeding 1.0 percent per dry weight, less than cannabis, so it makes users feel less intoxicated or hallucinating. Therefore, users prefer to use cannabis more than hemp.
“Hemp” and “marijuana” have different physical characteristics as follows:
Hemp – has a trunk about 2 meters or more tall, bigger than marijuana, has few branches, leaves are yellowish green, with about 7-9 lobes, but hemp has a clear difference from marijuana, which is that the branches are taller than marijuana. And even though hemp has leaves like marijuana, they are more yellow-green than marijuana.
Marijuana – has a trunk less than 2 meters high, has many branches, has about 5-7 leaves, is green to bright green, looks like cassava leaves, the edges of every leaf have notches at intervals. Flowers bloom in small clusters at the forks of the branches and stems. The part that people use is the top of the cannabis flower, which is dried or dried, then ground or chopped into a coarse powder and smoked.
Therefore, whether it is hemp or marijuana, the law still considers it a Category 5 narcotic drug. Anyone who produces (plants), has in their possession, sells or consumes it is still an offense and must be punished by law, but there are exceptions as follows:
- In the case of producing (growing), selling or possessing hemp, the Ministerial Regulation on the Request for Permit and Permission to Produce, Sell or Possess Category 5 Narcotics Specific to Hemp B.E. 2559 allows both natural persons, juristic persons and community enterprises to request permission to produce, sell or possess, but the request for permission must have the following purposes:
- Growing, harvesting, processing for household use
- Growing, harvesting, processing for industrial use
- Growing, harvesting, processing for research
- Producing seeds for planting according to the purposes of (1)-(3)
- For selling seeds, fresh stems, or other parts
- For other uses as specified by the committee, the applicant must submit an application with supporting documents in the area where the production, distribution or possession place is located. After receiving permission, the licensee must prepare a receipt and payment account, a production plan, distribution and utilization according to the permitted procedures, and a seed storage place as specified by law. In the first 3 years from the effective date of this ministerial regulation (January 1, 2018 – December 31, 2020), those eligible to apply for permission to produce, distribute or possess are still limited to government agencies only. Currently, hemp cultivation has been permitted in 6 provinces: Chiang Mai, Chiang Rai, Nan, Tak, Phetchabun and Mae Hong Son. Due to the aforementioned temporary provision, the general public is still unable to cultivate, distribute or possess.
But if people possess or sell components, extracts or products from hemp that the law exempts from being narcotics in Category 5, which includes the use of medicines or herbal products extracted from hemp, the use of hemp seeds or hemp seed oil or hemp seed extracts for use in food or cosmetics and must be produced in Thailand, as for the use of cannabidiol (CBD) extracted from hemp, with the amount of substances
Teterahydrocannabinol (THC) not exceeding 0.01 percent by weight and the use of dried bark, dried core, dried fiber or products made from dried bark, dried core, dried fiber, such as making clothes, textiles, and whether they are produced in or imported into the country, the person is not guilty and will not be punished.
- In the case of consumption, there is currently no law that allows the consumption or permission to consume hemp, which is different from cannabis, where the law allows patients to consume cannabis for medical purposes as prescribed by a doctor.
- In the case of importing and exporting, the Ministerial Regulation on the request for permission and permission to produce, sell or possess Category 5 narcotics, specifically hemp, B.E. 2559 does not permit this. If anyone wishes to import or export hemp, they must follow the Narcotics Act (No. 7) B.E. 2559, which currently does not permit the import or export of hemp.