LEGAL APPROACHES TO PENALTIES FOR CANNABIS EXTRACT CONSUMPTION: A JURISPRUDENTIAL AND INTERNATIONAL DRUG POLICY ANALYSIS

Abstract

This research aims to: (1) Examine jurisprudential theories related to the imposition of criminal penalties on individuals who consume cannabis extracts (2) Analyze current Thai legal provisions governing cannabis extract consumption (3) Compare international legal measures that reflect the global trend toward decriminalizing cannabis use and (4) Propose legal reform recommendations to align Thai law with international human rights standards and global drug policy frameworks.

          This study adopts a qualitative legal research methodology, relying on content analysis and documentary research. It emphasizes legal interpretation, comparative legal system analysis, and contemporary jurisprudential theory.

          Findings reveal the following

          1) Contemporary legal theories, such as the principles of proportionality and ultima ratio, do not support the criminalization of cannabis users who do not directly harm others. These perspectives advocate for treatment rather than punishment, viewing such users as patients rather than criminals.

          2)Although Thailand has decriminalized the cannabis plant, the consumption of extracts containing more than 0.2% THC remains a criminal offense. This creates unnecessary burdens on the criminal justice system.

          3)Countries like Portugal, Canada, and Uruguay have adopted administrative and public health-based measures instead of criminal sanctions. These approaches reduce caseloads and improve access to rehabilitation.

          4) The study recommends that Thailand eliminate criminal penalties for cannabis extract use, implement administrative fines under the 2022 Administrative Fines Act, clarify the legal definition of “cannabis extract,” and establish an effective rehabilitation mechanism in accordance with international human rights standards.

           In conclusion, international comparisons reflect a global shift toward health-based alternatives to criminal punishment. This research thus proposes that Thailand transition from criminal to administrative penalties for cannabis extract use to ensure legal clarity, promote justice, and enhance the efficiency of the justice system.