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Psychedelics see increased legalisation and decriminalisation globally as treatment usages expand. Research continues to progress on the potential mental and physical health benefits of psychedelics used in a therapeutic context. Yet psychedelic substances remain illegal around much of the globe, with notable exceptions. Psychedelics include psilocybin which can be found in 'magic mushroom' , MDMA 'ecstasy' or 'molly' , LSD 'acid' ayahuasca, peyote and ibogaine among others. The legal landscape of these substances is changing globally amidst continuous emerging research on the various benefits of their therapeutic use. Psychedelics have been shown to help with mental health conditions, such as treatment-resistant depression and post-traumatic stress disorder PTSD. They're also being studied for the relief of physical health conditions, such as those related to chronic pain. In some countries, various psychedelics have full legalisation. In other countries, certain psychedelics have been legalised only under specific contexts. And still in other areas, some psychedelics have been decriminalised. Marks says that criminalisation of drugs, including psychedelics, creates more harm than good. It's quite plausible that when something is criminalised, people might hesitate to call for emergency medical services. Blest-Hopely agrees. That is also true for attaining products that are assured for quality. But she adds a note of caution. However, it must come with education around psychedelics in their totality. Not just the positives, but also the risks, the effects and the enormity of impact that using large doses of substance can have, acutely and long term. Arguments against legalisation and decriminalisation include concerns over any potential increase in substance use disorders. However, psychedelics are currently being studied as a potential treatment for substance use disorders and are not considered addicting themselves. Other concerns include potential increases in psychedelic-related emergencies, such as emergency department visits for 'bad trips. Advocacy groups are pushing for change in the UK. Ibogaine, which is being studied for opioid use disorder and PTSD , comes from the sacred iboga plant, native to Central Africa, where it is used by Indigenous communities for ceremonial purposes in Gabon , Equatorial Guinea, Cameroon and Republic of the Congo. In these areas, ibogaine generally lacks a legal framework regulating it. It is, however, legal in Gabon, where it is protected. In South Africa, ibogaine is considered a medication and can be provided by licensed professionals. In , Australia's Therapeutic Goods Administration TGA , the agency responsible for regulating medicines, decided to allow authorised psychiatrists to prescribe some psychedelics for certain mental health conditions. Ibogaine can also be prescribed to treat addiction in Australia. Psilocybin is legal to possess and use, but not to sell, in the Bahamas. Psilocybin is also legal to possess and use, but not to sell, in the British Virgin Islands. Ayahuasca is also legal in Peru, which in , designated the psychedelic a part of Indigenous heritage. In Mexico, psychedelics are generally considered illegal. However, there is an exception that has made the country a hotspot for psychedelic retreats: Article bis of the Federal Penal Code states that people cannot be prosecuted for spiritual or ceremonial use of psilocybin or 5-MeO-DMT. The latter is secreted by a gland in the Sonoran Desert toad and is also found in some plants. Ibogaine is unregulated in Mexico, making the country a place where people seek treatment. Peyote is legal in Mexico only for Indigenous ceremonies and traditions. Though not legal, personal drug use is not prosecuted in Costa Rica. And ibogaine is unregulated in Panama. The European Union classifies psychedelics as Schedule I , meaning they are highly controlled and illegal except for 'scientific or limited medical purposes. The authors acknowledge that mental health issues affect one in six people in the EU. Despite the illegality of psychedelics across the EU, some countries within Europe have moved to either legalise or decriminalise certain substances. In The Netherlands, psilocybin truffles are legal, though other forms of the compound are not. And ibogaine is unregulated in the country. Other psychedelics remain illegal. In Germany, ibogaine is unregulated , except for pharmaceutical rules under the German Medicinal Products Act. The country has several ibogaine treatment centres. Portugal, at the start of the 21st century, decriminalised the personal possession and use of all drugs. Spain has also decriminalised drug use. Switzerland has decriminalised substance use in general. Switzerland now allows for restricted compassionate use in a medical context of LSD and some other psychedelics. The Federal Office of Public Health must grant permits for such use. The agency says roughly 70 physicians have permits. Switzerland has had the exceptional use program in place off and on since the s , Calder adds, and the most recent law has been in effect since Jamaica is a popular place for psychedelic tourism, thanks to its lack of a law surrounding psilocybin. Magic mushrooms have never been illegal in the country. Canada and the US have been slowly expanding access to psychedelic substances. In Canada, most psychedelics are illegal based on their classifications under the Controlled Drugs and Substances Act, with a few exceptions. And although mescaline is listed as a Schedule III controlled substance, peyote is not. Mescaline is extracted from peyote. It is not meant for long-term access,' says Harrison Jordan , the founder of Substance Law, a firm focusing on regulatory compliance regarding psychedelics and other controlled substances. Health Canada added ibogaine to its Prescription Drug List in , but the agency does not recognize its medical use. Therefore SAP requests are unlikely to be granted. The Canadian province of British Columbia has decriminalised small amounts of illicit drugs. And Alberta, in early , implemented a framework for regulating and licensing some health care providers to administer some psychedelics for mental health treatment. However, Native American ceremonial use of peyote is protected under federal regulation and in at least 28 states. In , the agency first granted the same designation for psilocybin for treatment-resistant depression. These designations helped allow psychedelic research to progress. In addition to small changes at the federal level, some states and cities have moved to legalise psychedelics for medical purposes or decriminalise them for personal use. The state of Oregon decriminalised most drugs in via Measure However, the governor is set to sign a bill to recriminalise. Republican opposition to Measure grew after a spike in fatal opioid overdoses. Research published in found that Measure was not associated with the increase in the short term. But longer-term research is needed. A group of business and political leaders in the state called for a ballot measure to repeal or alter the law, and many Democrats who were once in favour of Measure changed their position. Opponents of recriminalisation note that Measure was supposed to direct cannabis tax revenue towards addiction services. However, the pandemic hindered the process. If the governor signs the new bill, the state's legalisation of psilocybin use at licenced psilocybin service centres will remain in effect. The state of Colorado decriminalised the possession and use of small amounts of natural psychedelic substances for those 21 and over. The state also legalised, due to start in late , the supervised use of psilocybin at licensed facilities or with licensed clinical facilitators. In , the state may start legalising additional plant-based psychedelic substances, such as DMT, ibogaine, or mescaline in the same contexts. A growing list of cities across the US have also made changes to their laws surrounding psychedelics. The list includes Washington, DC, which in , decriminalised the personal use of psilocybin. In one exception, the California state legislature passed a bill to decriminalise the personal use and possession of psychedelics. Ibogaine can be legally prescribed in New Zealand. We would like to apologise for this error and clarify that the Samoan Narcotics Act currenly prohibits psychedelic fungi and psilocybin is classified as a Class A narcotic. If you liked this story, sign up for The Essential List newsletter — a handpicked selection of features, videos and can't-miss news delivered to your inbox every Friday. Skip to content. US Election. What psychedelics legalisation and decriminalisation looks like around the world. Getty Images. Credit: Getty Images. Psychedelics include psilocybin, which can be found in 'magic mushroom' Credit: Getty Images. Are psychedelics legal in the United Kingdom? South Africa. The Bahamas. The British Virgin Islands. Ayahuasca is legal in Peru, which in designated the psychedelic a part of Indigenous heritage Credit: Getty Images. Costa Rica. Psychedelics in the European Union. The Czech Republic. The Netherlands. Psilocybin can be made in to a 'magic mushroom' tea Credit: Getty Images. In Alberta, Canada, implemented a framework for licensing some health care providers to administer some psychedelics for mental health treatment Credit: Getty Images. The United States. New Zealand.

Thailand: Moving from punishment to treatment of people who use drugs

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This website uses cookies We use cookies to improve your experience. Do you accept? You can read more about our Cookie Policy in our Privacy policy. Legal updates, insights, and opinions on laws and law suits in Thailand written by our lawyers. Visa is required for most foreign nationalities to travel and stay in Thailand for more than 30 days. Solemnized with or without a Betrothal Ceremony in ritual manner and also through court. Consult our corporate lawyers before setting up your limited company in Thailand. Siam Legal has a team of foreign legal professionals from America, Europe and Asia who are committed to extend impeccable service to its foreign clientele. There are a number of considerations to make before committing into purchasing Thailand Real Estate. Be sure to consult our property lawyers before doing so. Drug and narcotic abuse have long been a distressing issue in Thailand. According to a report by Bangkok Post, during the six months from the end of to the beginning of , Thai authorities seized million drugs and confiscated nearly 2. The offenses related to drugs are strictly governed under several Thai laws, including the Narcotic Act and Psychotropic Substances Act. The consumption, distribution, and possession of narcotics and any additive medicines are controlled and monitored by the Thailand Office of Narcotic Boards together with other relevant authorities, such as the police. Thailand is known for having strict policies to suppress narcotic crimes and misuse of illegal drugs. The government attempted to address the issue of drug trafficking through severe punishments such as the life sentence or the death penalty. However, due to continued changes and development of the country, the law has been revised. Though drug and narcotic laws in the Kingdom have been relaxed to some extent, drug possession and trafficking may still bring about harsh penalties. Foreigners who are found guilty of drug offenses may face serious legal problems and be extradited to their home countries. It is invaluable to be aware of important aspects of drug and narcotic laws in Thailand in order to protect yourself and avoid hefty fines or imprisonment. These substances contain chemicals that cause mental or psychological effects. This may impact the mood or behaviors of those who consume them and as commonly known, narcotics have the potential to be addictive. Thus, selling, possessing, producing, importing, or consuming these dangerous drugs are considered illegal. Narcotic substances are classified into 5 categories as follows:. Those who violate narcotic or psychotropic substances laws will be subject to punishment according to the Acts and as deemed appropriate by the Thai court. This includes fines and incarceration. One of the issues in Thailand when it comes to drug law enforcement is the large number of prisoners who were incarcerated due to various drug charges from personal abuse cases to drug trafficking. Even with harsh sentences, the effort to suppress narcotic-related offenses did not bear fruit. Consequently, Thai authorities decided to reform the drug law and seek a different approach. The new drug law aims to provide second chances, particularly to small-scale offenders by emphasizing more on treatments rather than punitive approaches. On the other hand, severe punishments are still in place to eradicate organized drug crimes. For instance, those who are found guilty of serious drug offenses, such as import, export, manufacture, distribution, or possession of large quantities of drugs in Category I may have to serve up to 15 years in prison and pay a fine of 1. Though the punishment may seem less severe compared to the previous laws, a life sentence or death penalty is still a possible ruling for an individual commanding a drug network. For those who possess illegal drugs for personal use, rehabilitation is prioritized over prosecution. The individuals are encouraged to attend a treatment facility and undergo rehabilitation depending on the amount of drugs possessed and other conditions. Nonetheless, personal use of drugs remains a criminal offense. Cannabis and hemp used to be under Category V of illegal narcotics under Thai law before they were decriminalized. In , the regulations regarding the use of cannabis and hemp became more concrete which led to certain parts of the plants being exempted from narcotics in Category V. Under the notification of the Ministry of Public Health issued in , cannabis and hemp were officially reclassified and removed from the illegal narcotics list, thus, opening doors to the general public and businesses to use these plants for a wide range of purposes. Even so, the utilization of the plants requires rigorous control and administration by relevant authorities to prevent any misuse. Under the law, cannabis extract must have a tetrahydrocannabinol THC concentration of less than 0. In addition, penalties for causing public nuisance from the recreational use of cannabis still apply. Offenders may have to serve jail terms or be responsible for a fine. Provisions for drug-related offences are contained in a raft of laws variously defined in the Measure for Suppressing Narcotic Offenders Act as being 'laws governing narcotics and laws governing active materials which have an active effect on the mind and the nerves. The Psychotropic Substances Act defines the term 'psychotropic substances' as being 'such a psychotropic substance which is natural or derived from nature, or synthetic as the Minister notifies in the Government Gazette. Commonly known substances falling within the ambit of the Act include the following:. The Narcotics Act defines the term 'narcotics' as being 'any form of chemicals or substances which, upon being consumed whether by taking orally, inhaling, smoking, injecting or by whatever means, causes physiological or mental effect in a significant manner such as need of continual increase of dosage, having withdrawal symptoms when deprived of the narcotics, strong physical and mental need of dosage and health in general being deteriorated…' Substances defined as narcotics are classified into 5 categories the act also uses the term 'Category' rather than 'Schedule' as used in the Psychotropic Substances Act. Commonly known substances falling within the ambit of the Narcotics Act include the following:. Under provisions of the act, 'competent officials' for most practical purposes, this means the police , have to following powers of stop, search and arrest:. The Act on Measures for the Suppression of Offenders in an Offence relating to Narcotics provides that two or more persons conspiring to commit an offence relating to narcotics shall be guilty of conspiracy and if the offence is subsequently committed, shall all be equally liable to the penalty imposed for such offences. The above act provides for the forfeiture of all 'instruments, equipment, conveyances, machineries or any other properties used in the commission of an offence relating to narcotics or used as accessories for producing the consequence of the commission of an offence relating to narcotics or possessed for use in the commission of an offence relating to narcotics,' irrespective of whether any person is convicted in relation to any such offences. Authorities may also 'seize, restrain or confiscate the proceeds of drug trafficking' in any case, and additionally prosecute offences which took place outside the Kingdom, provided that:. As with other countries in Southeast Asia, being convicted of a drug offense in Thailand is a major deal, particularly for foreigners. If arrested for drug charges, it is crucial to acquire assistance from a qualified Thai lawyer who will be able to provide explanations in your language and help communicate with the authorities. Siam Legal is experienced in handling various narcotic and illegal drug cases including drug possession for personal use and serious drug offenses. Our attorney will assist you in discussing with the police authority as well as representing you in court. You can rest assured that every legal procedure will be taken care of with utmost professionalism and expertise. Please do not hesitate to contact us for your urgent needs. Accept Deny. Power of Attorney drafting and notarization. Thai Legal Blog Legal updates, insights, and opinions on laws and law suits in Thailand written by our lawyers. Thailand Visa visa application services. Thai Visa Application Visa is required for most foreign nationalities to travel and stay in Thailand for more than 30 days. Marriage Registration registering marriage in Thailand. Marriage Registration Solemnized with or without a Betrothal Ceremony in ritual manner and also through court. Company Setup business registration in Thailand. Setting Up Limited Company Consult our corporate lawyers before setting up your limited company in Thailand. Civil Cases civil cases in Thailand. Litigation Services Siam Legal has a team of foreign legal professionals from America, Europe and Asia who are committed to extend impeccable service to its foreign clientele. Title Deeds freehold, nor sor 3 gor, nor sor 3, possessory right. Property Services There are a number of considerations to make before committing into purchasing Thailand Real Estate. Criminal Drug Offences in Thailand. All rights reserved. Local Office Numbers:. International Numbers:.

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