Drafting of New Law Codification and Guidelines for regulating addictive substances

Abstract

This study aims to review and analyze the 13 laws on narcotics prevention and suppression, and guidelines for the controlled substances. This is a qualitative research, by using documentary research and through attending meetings and observation of laws assessment. The study indicated that the United Nations passed a resolution to completely eliminate narcotic drugs from mankind and to establish an international convention. This convention has prescribed for UN member states to pass laws indicating severe penalty for criminal offenses relating to narcotic and controlled substances abuse. On the contrary, narcotics suppression did not achieve the objective.

Thailand is revising various narcotics and controlled substances laws, which have penalty/criminal code on drugs users. The Law Office of Narcotics Control is given the responsibility to revise/develop new laws by the Ministry of Justice. The revision of 7 laws will become compendium of Narcotic Code.  This compendium will allow the  judge the flexibility for his/her discretion to sentence for less than the minimum penalty prescribed for such offense.  Only when there is a reasonable cause for specific case to consider the seriousness of the offense. As for the offender and the circumstances involved with narcotics, solving of the problems should be taken for all three aspects of suppression, prevention and treatment.

            This research has following policy recommendations: 1) consider the concept of the right to health and  human rights approach as guiding public health principles for health promotion and harm prevention.  Drug users should be treated as a  patient, eventhough he/she is being convicted for other offends. 2) personal using, especially for relieving pain from cancer, or terminal phase care at home, and 3) decriminalization, or legalization of control substances.