This
assessment reviewed and analyzed Thai law relevant to injection drug use by
examining laws concerning drug control, drug use, access to health care and
privacy of medical information. It identifies and reproduces relevant sections
on the constitution, statutes passed by the national, regional or local
legislature, administrative regulations with the force of law and relevant
decisions interpreting these laws or regulations.
The
assessment finds that Thai law criminalizes the possession of extremely minor
amounts of drugs, forcing users to carry very small quantities and ultimately leading
to difficulty in drug users attaining ?highs? through less hazardous methods of
administration such as oral intake and encouraging a shift to riskier methods,
particularly injecting drug use. The penal regime under the Thai narcotics laws
and related enactments prescribes severe punishments, makes all offences under
it cognizable and non-bailable, and also gives wide
powers of search, seizure, and arrest to the police.
Further,
under the existing narcotics law, there is a presumption of guilt against the
possessor of any drugs or apparatus for the manufacture of
any drugs. The penal
regime also makes any attempt or abetment punishable with
the same severity as if the
offense was actually committed.
This
review reports and analyzes these laws, together with recent amendments that
recommend a less punitive drug control regime.
Thai_RPA_law_on_the_books_rev_12-08_3_2009_JH1
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