Two Visions for Medical Cannabis: Crypto-Prohibition vs. Progressive Regulation
Bhumjaithai resists Pheu Thai's move to re-criminalize cannabis in Thailand. Is there a middle path?
Prime Minister Srettha Thavisin and Deputy Prime Minister Anutin Charnvirakul represent two divergent approaches to medical cannabis regulation in Thailand. These leaders illustrate the broader global debate between crypto-prohibition and progressive regulation aimed at developing a mature wellness industry sector.
Prime Minister Srettha Thavisin embodies the crypto-prohibitionist stance, claiming that the harms caused by decriminalizing cannabis over the past two years outweigh any economic benefits. This viewpoint aligns with a strategy of increasing cannabis inaccessibility, essentially promoting anti-cannabis policies under the guise of public health and safety. His approach involves reinstating strict regulations and re-listing cannabis as a narcotic, thereby limiting its availability and use.
Banning recreational use = banning all but a trace of THC = banning the cannabis plant (specifically the buds) = re-introducing punishment for cannabis possession.
And it all begins by placing cannabis (specifically the buds, where THC resides) back on the narcotics list. Whether a prescription will provide legal cover for possession of the plant has not been made clear, which is enough to disincentivize investment and discourage research. Such a policy may not be a death knell to the medical cannabis sector, but it would certainly limit its appeal to both consumers and producers and minimize foreign direct investment that in turn would eclipse the sector’s appeal medical tourists.
In contrast, Deputy Prime Minister Anutin Charnvirakul advocates for a more progressive and open approach. He argues that issues arising from the 2022 cannabis delisting are due to regulatory failures rather than the plant's inherent dangers. Anutin emphasizes the importance of access to cannabis for patients and researchers, asserting that this is crucial for a robust medical cannabis regime. He believes in pushing the cannabis industry toward maturity, integrating it into the broader wellness sector, and supporting economic growth through regulated responsible use.
Regulations would be market-driven with the intent to create a medical cannabis hub for medical tourism, medical research, technological innovation and import/export.
Divergent Strategies: Restriction vs. Availability
1. Prime Minister Srettha Thavisin's Strategy: Decreasing Access
- Crypto-Prohibition: Advocates for policies that make cannabis harder to obtain, maintaining a prohibitionist stance.
- Alleged Public Health Concerns: Claims decriminalization has led to widespread harm, overshadowing economic benefits.
- Reclassification: Seeks to re-list cannabis as a narcotic, restricting its use primarily to tightly controlled medical contexts.
- Focus on Harm: Emphasizes risks associated with cannabis use, particularly among youth and the potential for abuse.
2. Deputy Prime Minister Anutin Charnvirakul's Strategy: Promoting Availability
- Progressive Regulation: Supports policies integrating cannabis into the medical and wellness sectors, emphasizing its therapeutic potential.
- Economic and Health Benefits: Highlights economic growth and health benefits from regulated cannabis use.
- Regulatory Improvements: Advocates for better regulation rather than re-criminalization, addressing issues through enhanced oversight.
- Access and Innovation: Believes access to high-quality cannabis is essential for medical research and patient care, fostering a more mature and responsible industry.
Relisting Cannabis With A Market-Driven Model: A Nuanced Approach
Relisting cannabis as a narcotic does not necessarily mean banning THC. Prime Minister Srettha’s strategy appears to aim for much tighter control; nevertheless, complete prohibition of THC can be pushed back on by Mr. Anutin and his pro-cannabis party. Various global examples show that cannabis can remain on the narcotics list yet be legalized under regulatory frameworks:
1. Australia: Medical cannabis has been legal since 2016, and recreational use is allowed in the Australian Capital Territory. However, cannabis remains a controlled substance under federal law.
2. Canada: Recreational and medical cannabis are legal nationwide, yet cannabis is still listed under the Controlled Drugs and Substances Act.
3. Colombia: Medical cannabis is legal, and personal possession and cultivation are decriminalized. Despite this, cannabis remains on the list of controlled substances.
4. Germany: Medical cannabis is legal, and possession of small amounts for personal use is decriminalized in some regions. Nonetheless, cannabis is still classified as a narcotic.
5. Israel: Medical cannabis has been legal for several conditions since the 1990s, and possession of small amounts is decriminalized. Cannabis, however, remains on the list of dangerous drugs.
6. Luxembourg: Medical cannabis is legal, and personal use is decriminalized, but cannabis is still considered a controlled substance.
These examples illustrate the complexity and often contradictory nature of cannabis laws worldwide, where legal use coexists with strict regulatory controls.
Combining Strategies: A Balanced Approach
A potential compromise could involve relisting cannabis as a narcotic to signal governmental control while ensuring its availability for medical use and over-the-counter sales under clear regulations. This approach balances the Prime Minister's concerns with the Deputy Prime Minister's progressive vision:
1. Governmental Oversight: Relist cannabis to emphasize control and regulatory oversight.
2. Regulated Access: Allow medical cannabis viaa over-the-counter sales through licensed dispensaries, ensuring quality and safety standards.
3. Strict Regulations: Implement stringent regulations on cultivation, distribution, and sale, including age restrictions, advertising controls, and product labeling requirements.
4. Education and Public Awareness: Launch education campaigns to inform the public about responsible use and the benefits of medical cannabis. Enforce signage control that presents dispensaries as clinics and mini-learning centers with educational interiors and subdued exteriors.
5. Economic Incentives: Encourage local cultivation and business development through community enterprises to support the economy, particularly in rural areas.
Combine Innovation and Scale With Competition
Innovation and scale, combined with competition, can generate significant benefits for consumers and workers:
- Market Dynamics: Encouraging competition among cannabis businesses can drive innovation, improve product quality, and reduce prices, benefiting consumers.
- Economic Growth: Scale allows for more efficient production and distribution, creating economies of scale that lower costs and increase profitability.
- Job Creation: A thriving cannabis industry can generate numerous jobs across the supply chain, from cultivation and production to retail and research.
- Investment in Research: Increased competition can spur investment in research and development, leading to new cannabis-based therapies and products that enhance public health.
Bilateral Agreements and Geopolitical Economics
Bilateral agreements between Thailand and other middle-income countries can further enhance the cannabis industry by facilitating trade, investment, and regulatory cooperation:
- Trade Facilitation: Agreements can simplify export and import procedures, reducing barriers and fostering a smoother exchange of cannabis products.
- Investment Incentives: Bilateral agreements can include provisions for joint ventures and investment incentives, encouraging businesses from both countries to invest in the cannabis sector.
- Regulatory Alignment: Harmonizing regulations between countries can ensure consistent standards and quality, making it easier for businesses to operate across borders.
- Research Collaboration: Agreements can promote joint research initiatives, sharing knowledge and resources to advance cannabis science and medical applications.
Thailand Can Function As A Cannabis Hub By Hosting Other Countries In Trade Talks
Potential bilateral agreements between Thailand and other cannabis-friendly middle-income nations could serve as a model for other middle-income countries. Anutin’s Bhumjaithai party could host these talks, demonstrating a healthy diversity of viewpoints about the role of cannabis in healthcare and the economy. Agendas could include:
- Mutual Recognition of Standards: Both countries agree to recognize each other’s cannabis standards, facilitating trade and ensuring product quality.
-Joint Research Projects: Establishing collaborative research initiatives to explore new medical uses for cannabis and improve cultivation techniques.
- Economic Cooperation: Creating joint ventures and investment opportunities to boost the cannabis industry in both countries.
- Regulatory Cooperation: Aligning regulatory frameworks to simplify compliance for businesses operating in both markets.
Context and Conflict: Current Developments in Thailand
The ruling Pheu Thai party's effort to relist cannabis as a narcotic has led to a public disagreement with its largest coalition partner, Bhumjaithai, the party that spearheaded the decriminalization effort. The Ministry of Public Health recommended returning cannabis to the Category 5 list of controlled substances, which includes psychotropic mushrooms and opium.
"This doesn't mean we are entirely blocking cannabis and considering it a narcotic forever," said Health Minister Somsak Thepsuthin. "But in our view, as the government, we see more negative impacts than positive." The ministry's recommendation, if accepted by the narcotics control board, will lead to further rules on the cultivation and use of cannabis plants to be enforced by January 1, 2025.
Bhumjaithai, led by Deputy Prime Minister Anutin Charnvirakul, blames "political games" for stalling cannabis regulation bills and warns that flip-flopping on cannabis policy could hurt investor confidence and affect those who have invested heavily in the industry.
The Knowledge Factor: Halting Progress
Rungrueng Kitphati, director-general of the Department of Science Service, highlighted the detrimental impact of relisting cannabis on ongoing research. "Over the past five years, several universities and academic institutes have conducted research, and the knowledge gained has been used to develop products awaiting certification," he said. These products present new economic opportunities and provide medical treatment alternatives for patients suffering from conditions such as insomnia and Parkinson's disease.
"If cannabis is relisted as a narcotic, the research, which has advanced this far, will abruptly stop, and the accumulated knowledge will be wasted. Universities will hesitate to continue such studies due to the legal complexities associated with narcotics," Dr. Rungrueng added. He argued that closing legal loopholes and tightening controls on cannabis use could be achieved without relisting the plant as a narcotic.
The Abstract Divide: Medical vs. Recreational Use
Prime Minister Srettha's stance on banning recreational cannabis use assumes a sharp distinction between recreational and medical use. This distinction is hopelessly abstract and does not reflect the real-world experience of THC as a key component of effective cannabis therapy. THC, the primary psychoactive compound in cannabis, is crucial for many therapeutic applications, including pain relief, appetite stimulation, and reducing nausea.
The Prime Minister's position is laden with anti-cannabis stigma, equating the plant with lethal street drugs rather than recognizing its potential as a medicinal herb. This perspective fails to consider the nuanced ways in which cannabis can be used responsibly for both medical and wellness purposes, and it overlooks the broader benefits of a regulated cannabis industry.
Compromise for a Sustainable Future
Merging Crypto-Prohibition & Progressive Regulation Into A Model of Government-Led, Market-Driven Medical Cannabis For Middle-Income Nations
Given the current political climate, a compromise that combines the Prime Minister's desire for control with the Deputy Prime Minister's advocacy for regulated access could lead to an innovative cannabis model. This model would signal governmental oversight without sacrificing the plant's availability, ensuring:
1. Governmental Control: Cannabis is relisted as a narcotic to reinforce regulatory oversight.
2. Controlled Availability: Medical cannabis and over-the-counter sales are allowed through licensed dispensaries with stringent regulations.
3. Economic and Health Benefits: The industry can continue to grow, creating jobs and providing therapeutic benefits to patients.
4. Investor Confidence: A clear and consistent regulatory framework would attract and retain investment, fostering a stable and profitable industry.
5. Research Continuity: Maintain and support ongoing research into cannabis science and medicine.