3. LAWS CONCERNING NARCOTICS
“Narcotics are harmful to life and toxic to society” this saying can clearly picture narcotics. At present, narcotics are an international problem, in which every nation gives priority to prevent and suppress them. It is internationally illegal; every nation can immediately arrest and punish persons committing crimes concerning drugs.
Narcotic law defines narcotics as a chemical substance which when taken into the body by means of eating, smelling, smoking, injecting, or any other way it will affect you both physically and mentally. Users have to constantly increase the amount of the drug and sometimes when they do not take drugs, they suffer withdrawal symptoms and can commit crimes in order to get drugs. Their health will deteriorate. Narcotics includes plants or parts of plants or any chemical substance used to produce drugs. Narcotics include opium, heroin which is produced from opium, and morphine which is synthetic heroin and is used medically.
Types of Narcotics and Law Punishment
According to the law, narcotics can be categorized into 5 types:
TYPE 1 INCLUDES THE MOST HARMFUL DRUGS LIKE HEROIN OR OPIUM
No one can produce, distribute, import, export or possess this type of drug except for the authorities with the Minister’s permission. Violations are punishable by imprisonment or death sentence.
TYPE 2 GENERAL NARCOTICS LIKE MORPHINE
According to the law, nobody can produce, import, or export this type of drug, but it can be distributed with permission of the secretary of the‚ Food and Drug Administration or the provincial public health department. Individuals may possess a certain amount only for specific treatment and must have a certified letter from a medical office. Violations are punishable by imprisonment from 5 years to life depending on his or her guilt.
TYPE 3 NARCOTICS ARE MIXTURES THAT CONTAIN TYPE 2 NARCOTICS SUCH AS COUGH MEDICINE MIXED WITH CODEINE
According to the law, nobody can produce, import, or export type 3 narcotic without getting permission. Manufacturers must have permission to produce, sell or bring into the Kingdom of Thailand conventional medicines containing type 2 narcotics and the medicine must be kept with a pharmacist who is on duty the entire time the store is open. Violations are punishable by imprisonment of one year to three years.
TYPE 4 CHEMICAL SUBSTANCES FOR PROCESSING NARCOTIC TYPES 1 OR 2
The law forbids anyone to produce, import, export, or possess narcotic type 4 without getting permission from the minister. Violations are punishable by imprisonment from 1 to 10 years.
TYPE 5 NARCOTICS WHICH ARE NOT IN TYPE 1 TO TYPE 4 SUCH AS MARIJUANA AND MITRAGYNA SPECIOSA.
The law forbids anybody to produce, import, export, or possess narcotic type 5 without getting a permission from the minister. Violations are punishable by imprisonment from 2 to 15 years.
Punishment Concerning the Possession of Volatile Substances
According to the Royal Ordinance for Prevention of Volatile Substance B.E. 2533, the criteria for controlling improper use of the substances are as follows:
1. The producers, the importers, or the sellers of volatile substances must put pictures or any details on the package to warn users to be aware of taking such substances. Anybody who violates the law will be imprisoned for not more than 2 years or fined not more than 20,000 baht or both imprisoned and fined.
2. No one may sell volatile substances to children who are under 7 years of age except sold by a school for learning purposes. anyone who violates the law will be imprisoned less than 1 year or fined not more than 10,000 baht or both imprisoned and fined.
3. No one may sell, provide, or give substances to others whom he knows or should know that those persons are addicted to the substance. Anybody who violates the law will be imprisoned less than 2 years or fined not more than 20,000 baht or both imprisoned and fined.
4. No one may encourage, enhance, or deceive other people into taking any substance in order to meet their needs. Anybody who violates the law will be imprisoned less than 2 years or fined not more than 20,000 baht or both imprisoned and fined.
5. No one may use any substance to meet the needs of their body or mind either by inhaling or taking it by any other way. Anybody who violates the law will be imprisoned less than 2 years or fined not more than 20,000 baht or both imprisoned and fined.
We should keep in mind that being addicted to narcotics is not only harmful to the body but also against the law.
At present, the law concerning narcotics consist of various acts which can be categorized as follows:
1) The laws concerning drugs include:
1.1 The Narcotic Act B.E. 2522
1.2 The Narcotic Act B.E. 2545
1.3 The Narcotic Act B.E. 2528
1.4 The Volatile Substance Royal Ordinance B.E.2533
1.5 The Commodity Control Act B.E. 2495
2) The criteria laws include:
2.1 The Prevention and Suppression of narcotics Act B.E. 2515
2.2 The Prevention and Suppression of narcotics Act B.E. 2545 (Volume 4)
2.3 The Addict Recovering Act B.E. 2545
People, students, and college students should clearly understand the regulations and punishments concerning narcotics in order to avoid violating the law. Moreover, they should advise or publicize all the aforementioned knowledge to their friends, to family members and to the people in the community, so that everyone can realize the harmfulness of narcotics. In addition, they can cooperate with one another in campaigning for the prevention of spread of narcotics to children and youngsters in the community.
The sell or use of narcotics either in or outside the country will be punished in the country. If already punished outside the country, the court of law may appropriately reduce the degree of punishment in the country.
As aforementioned, narcotics prevention and suppression are considered to be most crucial, so it is punished more severely than other crimes. For example, if any person violates this law, he will get punished even if he may or may not have intended to break the law. According to criminal law, any person who is trying to commit a crime will get 2 out of 3 punishments. In addition, those who support, help, or facilitate the crime will get the same punishment as the person who commits that crime. Any properties obtained from the crime, will belong to the court unless it is proven that the properties are not involved with the crime.
Moreover, in investigation, the authorities have a right to call any person concerned to prove himself or give evidence for the trial; the authorities can also search for evidence at the residents homes if they are suspicious of narcotics involvement. After investigating and finding evidence of a crime involving narcotics, the authorities can arrest and send that person to the court of law to undergo his or her trial. If they are found guilty, they will receive severe punishment because in each nation, it is believed to be the most serious crime as aforementioned.