How to Fight Drug Charges in Thailand

There are serious consequences to being accused of a drug-related offense in Thailand, even if you’re innocent. Thailand treats the consumption of controlled substances very seriously and imposes fines, imprisonment, or even the death penalty for certain drug charges. As a foreigner, fighting a drug charge is difficult without legal assistance, as you can run into language barriers or have trouble navigating certain legal procedures. 

If you’ve been met with a drug charge in Thailand, continue reading to learn about what to do in such a situation and how to locate the right lawyer. 

What Drugs Are Illegal in Thailand?

In Thailand, drugs are categorized into two types: narcotics and psychotropic drugs. The severity of the penalties for consumption and possession depends on the classification of the substance. 

Narcotic Drugs in Thailand

Narcotics are a type of drug that affects a person’s behavior but are typically used for non-medical purposes. According to the Narcotics Act of 1979, narcotics are grouped into 5 categories, ranked from most (category I) to least dangerous (category V):

• Category I: Drugs that produce harmful effects on users, such as heroin and amphetamines.
• Category II: More common forms of narcotics, such as cocaine and morphine.
• Category III: Drugs with medicinal properties that include Category II substances as active ingredients. 
• Category IV: Narcotics with ingredients used to produce drugs falling under categories I and II, such as acetyl chloride. 
• Category V: Any narcotics that do not fall under the previous 4 categories. 

Psychotropic Drugs in Thailand

The Psychotropic Substances Act of 1975 labels certain substances as psychotropics if they alter or boost a person’s mental state. Psychotropic drugs are regulated by the Thai government, and consuming or possessing them, especially without a prescription, can result in fines or even imprisonment. These are grouped into 4 schedules, ranked based on how likely the user is to abuse the substance:

• Schedule I: These psychotropics are highly likely to be abused and are not approved for medical use. 
• Schedule II: While these substances have a high potential for abuse, they can be used for medical purposes, such as ketamine. 
• Schedule III: These are psychotropics that are used for medicinal reasons with only a moderate potential for abuse. 
• Schedule IV: These drugs have the lowest risk of abuse, with examples including alprazolam and lorazepam. 

What Are the Penalties for Drug Offenses in Thailand?

Penalties for drug charges can be very strict and vary depending on the type of drug and the category or schedule it falls under.

If you’re convicted of drug crimes related to substances on the narcotics list, punishments could include:

• From 2 years to a lifetime in prison (or the death penalty if it’s a category I substance) and a fine from 200,000 to 5 million baht if you are caught manufacturing, importing, or exporting the drug.
• From 2 years to a lifetime in prison and a fine from 40,000 to 5 million baht for possession with the intent to distribute.
• From 1 to 10 years in prison and/or a fine from 20,000 to 200,000 baht if you are caught in possession.
• From 1 month to 3 years in prison and/or a fine from 2,000 to 60,000 baht for illegal consumption.

For substances on the psychotropics list, the punishments are different and vary depending on the schedule the drug falls under:

• 5 to 10 years of prison time and a fine from 100,000 to 400,000 baht if you are caught manufacturing, importing, or exporting the drug.
• Up to 5 years of prison time and a fine of no more than 100,000 baht if you are caught carrying the drug across borders.
• 1 to 5 years of prison and a fine of 20,000 to 100,000 baht if you are caught illegally possessing, using, or consuming the drug.

What to Do if You Are Arrested For a Drug Charge

If you’ve been arrested in Thailand with illegal substances in your possession, you may be subject to a drug test and detained for up to 48 hours. As a foreigner, you face the same legal consequences and have to go through the same procedures as a local.

The moment you’ve been charged with a drug-related crime, you need to seek professional legal assistance. Finding the right criminal defense lawyer gives you the best chance to reduce the length and severity of your sentencing.

Finding a Drug Lawyer in Thailand

For the highest chances at preserving your freedom, you must retain a Thai criminal defense lawyer. However, as a foreigner in Thailand facing serious drug charges, not just any lawyer will meet your needs or provide a good chance of acquittal. When choosing an attorney to defend you in a drug case, look for these qualities.

Fluency in Thai and English

In Thailand, all legal and court proceedings are conducted in Thai. You need a bilingual lawyer who can communicate with you and the Thai authorities on your behalf to avoid misunderstandings that can worsen your situation. They can also keep you informed on all updates regarding the case so you can make informed decisions about your defense.

Demonstrated Success Representing Foreigners

Your lawyer must demonstrate a proven track record of success with foreign clients, as Thai law often applies differently to non-citizens. Not all lawyers are experienced in dealing with non-Thai clients, so it’s important to check reviews and client testimonials from other foreigners they have represented. A lawyer with extensive experience with foreigners can help you understand how you will be treated under Thai law and utilize defensive strategies in court that are known to be effective for foreign defendants.

Has Experience Handling Drug-Related Cases

Dealing with a drug charge is difficult, and there is little room for error, which is why you need a lawyer with a full understanding of Thai drug laws and how to handle such cases. Hiring a qualified drug lawyer who has successfully dealt with past drug cases makes it easier to gather evidence, prepare your defense, and get the outcome you need. Ensure your attorney is not only well-versed in criminal defense but also specifically with defending against drug charges.

Professional Assistance From a Criminal Defense Lawyer in Thailand

For the best chances at protecting yourself from a drug charge in Thailand, reach out to Siam Legal’s litigation team for professional assistance. As a full-service law firm that’s been representing foreigners for over 20 years in Thailand, our bilingual criminal defense lawyers will employ every legal strategy available to ensure the most favorable outcome for your case.

Our lawyers will work to gather evidence to support your claim, negotiate with authorities, and represent you in court to ensure you have the highest chance of winning your case. 

Contact Siam Legal today and get the best chance for preserving your freedom.

Category: Criminal Law