LEGAL ENFORCEMENT MEASURES AGAINST DRUG USE OFFENDERS UNDER THE NARCOTIC CODE B.E. 2564 (2021)

Abstract

This research aims to: 1) Study the background, problems, concepts, and theories related to the enforcement of the Narcotic Code B.E. 2564 (2021) against drug users. 2) Examine the current legal enforcement measures against drug users under the same Code. and 3) Propose legal amendments to improve enforcement measures against drug users. This is a qualitative study that analyzes both Thai and international legal documents, supplemented by in-depth interviews with legal experts. The findings reveal that: 1) The background and current enforcement issues under the Narcotic Code B.E. 2564 show both structural and practical problems, such as the stigmatization of users, discriminatory practices, and a lack of focus on rehabilitation. Relevant concepts include human rights, rehabilitative punishment theory, and the criminal law principle that considers users as patients rather than criminals. 2) Although the current law has been revised, it still has limitations, including inappropriate penalties, unclear procedures for detention, and an ineffective rehabilitation system. The study suggests amending certain provisions, adding legal definitions, establishing a dedicated committee, and changing the penalty for drug users from criminal to administrative, as well as using a medical approach for diagnosis and treatment. 3) Future legal reforms should clearly distinguish users from drug traffickers, reduce penalties in favor of rehabilitation, improve law enforcement efficiency, empower communities, and modernize laws to cover emerging forms of drugs. The goal is to establish a fair system that reintegrates rehabilitated individuals back into society.